Tag Archives: Drone registration

UK government drone proposals

The UK government has today ( 22nd July 2017) released its response to the drone public consultation exercise it carried out between December of last year and March of this year, and for the most part it remains very much a work in progress for most of the issues under consideration.

The one big decision that it has announced, which can hardly come as any surprise, is that the government will require drones above 250 grammes in weight to be registered. So why has it reached this decision, and why set it at above 250 grammes? The answers to these questions can be found in fresh research the government commissioned on the potential collision impact of drones hitting manned aircraft. It should be noted that even within a few hours of the research document being released, the way the research was undertaken has already been criticised by some drone users on the basis that unrealistic conditions were used when compared to actual flight scenarios.

That may or may not be true, but the government have clearly set their registration stall out, with plenty of encouragement from the British Airline Pilots Association (BALPA), who were one of the partner organisations in the collision impact research exercise. The results of this research showed that a 400 gramme drone could critically damage a helicopter windscreen and its tail rotor blade. Therefore, the government has chosen to set its registration requirement at machines weighing 250 grammes or more.

In its Consultation Report the government states that a registration scheme will help to improve safety, security and privacy. However, arguably the clear main focus of government attention is safety, and particularly safety in respect to manned aircraft. If the government were equally focussed on privacy for instance, then all drones (how will drones be defined for registration purposes?) no matter what weight, if they include a camera would need to have been registered, as it is perfectly possible to buy a drone under 250 grammes that possesses a decent quality, potentially privacy invasive filming system.

Whilst a registration scheme is to be introduced, there remain several unknowns conected to it. How much will the registration cost and will there be an annual renewal fee? The government have made clear that the drone user will be footing the bill for the running of the registration scheme. It also seems likely, although it has not been explicitly stated, that registration will not take place at the point of sale, when the drone is purchased. Arguably, a more robust registration scheme should be at the point of sale, but this would be burdensome  supposedly for retailers, so it is likely drone users will have to register after purchase.

But then comes another new feature of the government requirements – drone users will have to take a mandatory assessment test in order to at least in part be considered competent/eligible to fly their drone. How this is going to work is at present unclear. The government seem to be pointing to a form of online test to be taken at the same time as registration is made. So it could be that the test has to be successfully completed before registration can be undertaken. The test is described by the government as a basic knowledge of the law and how to fly safely, with the areas covered being safety, security and privacy. The use by the government of the word basic would point to a simple, straightforward awareness of the law test, but then for example when it comes to data protection and privacy law the word basic could arguably point to something a good deal more detailed.

In a move to allay some of the concerns of Model Aircraft Flying Clubs and their members, there is likely to be some exemptions as regards registration and the educational test. This if done correctly could encourage drone flyers or potential flyers to join such clubs.

Most of the other issues raised during the consultation exercise, such as insurance, electronic identification, and changes to the Air Navigation Order Rules and penalties imposed remain open issues for further consideration by the government.

When the registration scheme will become operational is unknown. It will be interesting to see whether following the introduction of the scheme there is a decline in the calls the public make to the police as regards drones, and the level of near misses to manned aircraft declines. Additionally, it will also be of interest to see how the police will deal with complaints they receive following the introduction of the registration scheme. A major problem for the police has been in regards to the level of resources they are prepared to commit to what in most instances they might consider low level offences.

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Drones, Christmas and the question of safety and insurance

If drones were not quite one of last Christmas’s must have presents, this Christmas may well be different if the proliferation of drones available in stores such as Argos is anything to go by.

With the levels of drone related calls being made to UK Police forces rising rapidly, we can anticipate another sharp spike upwards following Christmas, unless of course there is a sudden appreciation by the legion of new drone flyers for the rules under which drones should be flown.

Following the recent BBC Watchdog programme on drones, in which I was interviewed, a young mother contacted the programme about her 18 month old son, Oscar Webb, who had been hit by a drone and had lost an eye.

Besides the general safety issue, the tragedy of young Oscar Webb raises another fundamental matter where drones are being flown by leisure users, and that is it is highly unlikely in most instances they will actually be covered by insurance.

So there is a double risk; firstly, that the uncovered flyer will face the financial consequences of their drone flying, which potentially could be substantial; and secondly, that an innocent victim of a drone related incident could encounter difficulties in seeking financial compensation for what has happened to them. This could be as a result of either the insufficient financial resources of the drone pilot, or because the drone pilot cannot be identified.

These matters again highlight the need to be able to identify who is flying a particular drone, and the question of whether there needs to be compulsory insurance requirements for leisure drone flyers.

In the UK there are already examples outside of the general air navigation order rules, where those in control of property, such as the London Royal Parks, have banned the use of drones on safety grounds. It is all very well banning drones, but can enforcement of such a ban be achieved? This can be highly problematic where those flying drones cannot be identified. We have seen the United States and Ireland propose to go down the registration route, but that of itself does not guarantee identification, and the possibility of identification technology within the drone is a likely requirement for the future.

Another technology, Geo fencing, which aims to prevent aircraft entering specific locations via programming, is another technology that is likely to become mainstream over time. However, other methods of preventing drones from flying in specific locations could be utilised. It would not be a surprise to hear that organisations, such as sports clubs who have large numbers of people in attendance at events, are actually blocking drone control frequencies to prevent drones flying close to an event. This it has to be said is illegal in the UK under the Wireless Telegraphy Act 2006, but those blocking signals would no doubt seek to argue they were doing the blocking on safety grounds.

With the sad and tragic accident that happened to Oscar Webb, the question of safety and the increasing concerns over the illegal flying of drones lead to the conclusion that it has become a matter of urgency that such matters are effectively dealt with.

Drone registration – the positives and the challenges that remain

The United States and Ireland are both shortly to announce the rules of their compulsory drone registration schemes for leisure drone users. Both countries are seeking to get a registration scheme up and running for the Christmas period when large numbers of new drones are expected to be bought. For the U.S. concerns over the rapidly increasing numbers of drones seen in proximity to manned aircraft has led to a need to quickly identify potential solutions, with registration being an option that is now being taken up. The UK experience of near misses this year highlights the problems for the regulatory authorities. To date this year, Airprox, the body who investigate near misses between aircraft in the UK, has investigated 12 near misses between drones that have involved drones, and in every instance the drone and its flyer could not be identified.

The Expert Group tasked by the US Federal Aviation Administration to recommend proposals for the new US drone registration process have reported back and the FAA are now considering their recommendations and other comments they have received. From the details that have been released it has been recommended that the American scheme will require those flying drones weighing 250 grams or more will have to register on the FAA run database, in contrast to the Irish scheme which appears to be set at a weight of 1 kg or more for registration to be required.

The American Expert Group recommendations would only require a single registration to be made even if a person owns more than 1 drone, with the ID number that is given out at registration having to be displayed on all drones owned by the person registering. Registration under the American scheme will be for the drone owner to do either via the internet or smartphone app.

These are the basic details we have, but is it going to be worthwhile? Obviously it will provide a greater possibility for the regulatory authorities being able to identify those who have violated the applicable flying rules, but it should not be seen as a magic solution for everything. There will remain some serious issues

My personal view is that anything that might focus the minds of the leisure drone flyer in terms of flying their drones safely within the rules, has got to be a positive thing.

Whilst identification might be made easier when reports of drone mis-use are made, much will depend on the precise circumstances in each individual case. If a drone has left the area after allegedly violating air rules, whilst the authorities will have details of who owns drones in a particular area, and have a starting point by which to identify who the flyer may have been, there are likely to remain both resource and evidential problems. How much time and effort will the police use in trying to track down a particular drone and its flyer? A registration scheme of course works best when the drone remains at the scene, for example when it has crashed.

The American Group of experts have it is reported recommended that it will be for the drone owner to register after they have bought their drone. Obviously, there will be large numbers of existing drone owners who will now need to register, but it seems to me a weakness going down this route as there would seem to be the risk that a drone owner simply does not get round to registering. Why not have the registration process as part of the actual purchase? The answer in the US case may be due to those who were on their 25 group expert panel; 5 of whom clearly represented retail interests, with strangely Amazon allowed two representatives. It would seem that their fear was that if the registration process was tied into the purchase this could impact on the sales process and actual sales made by the retail companies.

Another potential issue for states who may look to go down the registration process is who will manage and pay for the registration system? With so many recent examples of personal information being taken from databases there is also now the ever present concern over data security.

It is likely that many countries will watch the U.S. and Irish schemes with interest, and follow suit if they are achieving tangible results.