4 May 2018
The RPAS in Australian Skies conference in March 2018 – hosted by the Australian Association for Unmanned Systems – offered a glimpse of the current and future thinking by regulators and industry towards Australian commercial drone operations.
Access the full update following the conference here, or read on below for a synopsis of the key discussion points arising during the conference:
Changing Attitudes
The drone industry has come a long way in recent years in terms of technological and business sophistication. CASA and Airservices Australia have gained experience and confidence in drone operations and have put in place arrangements that facilitate greater commercial usage of drones. But there remains work to be done, with both CASA and Airservices Australia noting the potential safety implications brought about by the proliferation of drones, and the Australian Transport Safety Bureau – the investigator of aviation accidents – considering that drones present a growing but insufficiently understood safety risk. The ATSB noted over 100 drone safety occurrences in 2017.
Current Status
The number of holders of Remotely Piloted Operator Certificates in Australia has now passed 1200, eclipsing the number of Air Operator Certificates in respect of conventional aviation. In particular, the inclusion of the ‘sub-2kg’ rule as part of a recent overhaul to Part 101 of the Civil Aviation Safety Regulations 1998 (Cth) has influenced growth in the sector.
Numerous commercial drone activities are now underway in Australia, with operators ranging from established aerospace enterprises such as Boeing, to newer entrants such as Telstra Labs, to a host of small to medium enterprises (and in some cases individuals). The range of activity covers a variety of infrastructure, agricultural and other monitoring applications, as well as specific research into airspace management, robotics, data systems, and other related fields.
In short, drone operations are becoming a more common part of everyday business and life.
Regulatory Work
In response to this growth, CASA has opened its Remotely Piloted Aircraft Systems (RPAS) office in August 2017 and has been busy working towards a regulatory roadmap which will provide critical insights as to future regulation, as well as publishing a drone discussion paper last year as part of a ministerial drone safety review.
One outcome of the work is that CASA looks to be considering the implementation of a mandatory drone registration system, as has occurred in other jurisdictions such as the United States. With CASA’s current work in mind, it appears further regulatory changes may be on the horizon. Importantly, however, CASA noted that its role as regulator was as a ‘fast-follower’ of other jurisdictions, rather than regulatory leader – which Australia has been in the past, having been one of the first countries to introduce drone regulations in 2002. It is apparent however that CASA remains heavily involved in international regulatory efforts.
Airspace Access
Another FAA initiative the subject of discussion at the RPAS in Australian Skies conference was the LAANC (Low Altitude Authorization and Notification Capability) initiative being trialed by the FAA in the US. This system reportedly permits drone access to controlled airspace (subject to rules and conditions) near 45 aerodromes in the US under expedited approval timeframes, with a further roll-out to addition facilities planned this year.
Airservices Australia has trialed its own access arrangements, with emergency services being granted access to controlled airspace under private arrangement. Airservices Australia also indicated its willingness to facilitate increased drone operations in controlled airspace going forward, particularly in protected areas where other air traffic does not operate. However, these arrangements are still a long way from being routinely available to commercial drone operators, and available over broader areas.
Future Integration
Much of the commercial interest involves the use of airspace for large-scale drone delivery networks, such as those proposed by Amazon and Google. These delivery systems are forecast to be available in Australia within the next decade, prompting a focus on the need for the development of an unmanned aircraft traffic management system (UTM) which would enable beyond visual line-of-sight and autonomous operations. While such a system would need to cope with numerous, unique demands, significant investments are already being made in this area. Still, a lot of pieces need to fall into place before routine, wide-scale drone access to controlled airspace is a reality.
Legal Frontier
Notwithstanding the energies of industry, the legal frontier has been less well-explored when it comes to the practicalities of drone operations and future proposals. Precisely how drones can be safely integrated into a mature aviation system remains a real question and one that is still being grappled with by both regulators and industry.
In particular, queries concerning the proper interpretation as to aspects of Part 101, the consequences of non-compliance, contractual and insurance issues, the role and nature of autonomy, and privacy concerns still surround discussions of drone usage.
Challenge & Opportunity
Certainly there are reasons to be optimistic about the future for drones: Australia has demonstrated a willingness to accept this technology and to foster its growth. However, the regulatory task is far from over, with more changes on the horizon.
If CASA is to take a ‘fast-follower’ approach the monitoring of international developments will become more important to industry, in order to understand the future landscape (CASA’s forthcoming roadmap may provide key insights). In any event, regulatory lag will likely not halt the progress of the technology and its adoption. In that regard, the legal queries will likely have greater visibility as real-world operations encounter these issues. Continued collaboration between all stakeholders will assist in minimising risks in the near term and ensuring the safety and prospects of commercial drone operations in Australia going forward.
Download
Download the full Drone Industry Legal Update here.
View ProfileDisclaimer: The information published in this article is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.
Back to news
Read article