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Technical regulations
s
BREAKDOWN OF LOGIC CHAIN
LEADING TO THE CONCLUSION /EXPLAINING WHY
PROJECT WING AIR NAVIGATION OPERATIONS
IN AUSTRALIA ARE ILLEGAL
AUSTRALIAN AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 2018 COVER ALL AIRCRAFT FLYING IN AUSTRALIA.
PROJECT WING’S REMOTELY PILOTED AIRCRAFT ARE JUST THAT –AIRCRAFT
PROJECT WING AIRCRAFT, AS A TYPE, ARE NOT EXCLUDED FROM THE ABOVE NOISE REGULATIONS.
THERE IS NO INSTRUMENT OF EXEMPTIION APPLYING TO PROJECT WING AIRCRAFT.
THEREFORE PROJECT WING AIRCRAFT ARE SUBJECT TO NOISE CERTIFICATION.
A NOISE CERTIFICATE IS NOT APPLICABLE.
THEREFORE A WRITTEN NOISE APPROVAL, SIGNED BY THE SECRETARY OF THE DEPARTMENT OF INFRASTRUCTURE, TRANSPORT AND REGIONAL DEVELOPMENT,IS REQUIRED.
THE ABOVEMENTIONED NOISE APPROVAL WAS NOT ISSUED BEFORE PROJECT WING STARTED THEIR AUSTRALIAN AIR NAVIGATION (FLYING) OPERATIONS IN 2014.
THEREFORE ALL PROJECT WING’S AIR NAVIGATION OPERATIONS IN AUSTRALIA HAVE BEEN ILLEGAL.
AND STILL ARE.
PROJECT WING ILLEGAL AIR NAVIGATION OPERATIONS IN AUSTRALIA
MEDIA NOTES - CHRONOLOGY OF EVENTS
● On 17 February 2019 Bonython Against Drones Action Group wrote to Michael
McCormack, Minister for Infrastructure, Transport and Regional Development, telling him we contend that the Project Wing Bonython drone operation, and all its other Australian operations, have been illegal in consideration of the requirements of the Australian Air Navigation (Aircraft Noise) Regulations 2018.
● This contention is made on the advice of a highly experienced and qualified technical
expert, Ian McIntyre. Mr. McIntyre is a past senior manager in the Civil Aviation Authority (now Civil Aviation Safety Authority (CASA)), who was responsible for aircraft airworthiness certification, which interfaced with noise certification.
● Mr. McIntyre’s advice is based on indepth investigation of Australian legislation in
regard to aircraft noise, including study of relevant regulatory material, and conversations with personnel from the Department of Infrastructure, Transport and Regional Development.
● A letter requesting the Minister’s urgent response to this most serious matter was sent
on 11 March 2019 (as he has not responded), and a copy of all correspondence was also sent to the Shadow Minister for Transport, Anthony Albanese at this time.
● Jeremy Hanson, The Chair of the ACT Legislative Assembly’s Standing Committee on
Economic Development and Tourism, which is conducting the Inquiry into Drone Delivery Systems in the ACT, currently underway, was also apprised of this matter in a letter from BAD dated 10 March 2019.
● We also contend that in accordance with the above, both Project Wing’s and the ACT
Government’s submissions to the Inquiry into Drone Delivery Systems in the ACT contain erroneous information in regard to aircraft noise and Australian aircraft noise regulations.
● IN SUMMARY, WE CONTEND THAT PROJECT WING HAS BEEN OPERATING ILLEGALLY
FOR FIVE YEARS IN AUSTRALIA, SINCE ITS 2014 QUEENSLAND OPERATIONS STARTED.
THIS MEANS THAT ALL PROJECT WING OPERATIONS IN AUSTRALIA HAVE BEEN ILLEGAL UP TO THE PRESENT DAY. THEY HAVE NOT, AND DO NOT, COMPLY WITH THE REQUIREMENTS OF THE AUSTRALIAN AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 2018, AND ITS PREDECESSOR 1984 REGULATIONS.
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● THESE REGULATIONS STATE THAT AN OPERATOR (IN THIS CASE PROJECT WING) HAS
COMMITTED AN OFFENCE IF THEY HAVE NOT OBTAINED NOISE APPROVAL FROM THE DEPARTMENT OF INFRASTRUCTURE, TRANSPORT AND REGIONAL DEVELOPMENT BEFORE UNDERTAKING ANY AIR NAVIGATION. PENALTIES APPLY FOR THIS OFFENCE.
● PROJECT WING IS IN BREACH OF AUSTRALIAN AVIATION NOISE REGULATIONS AND
MUST BE GROUNDED IMMEDIATELY.
THE MECHANISM OF AIRCRAFT GROUNDING IS QUITE UNCLEAR AT THIS TIME. CASA WOULD HAVE CARRIAGE OF AN AIRCRAFT GROUNDING PROCESS, BUT THIS IS COMPLICATED BY THE FACT THAT THE GROUNDING ISSUE IS BASED ON LACK OF REQUIRED NOISE CERTIFICATION, AND CASA HAS NO RESPONSIBILITIES FOR NOISE CERTIFICATION.
THEREFORE PROJECT WING MUST NOT UNDERTAKE ANY FURTHER OPERATIONS IN AUSTRALIA UNTIL THEY HAVE UNDERGONE THE MANDATED NOISE APPROVAL PROCESS IN ACCORDANCE WITH THE REQUIREMENTS OF THE AUSTRALIAN AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 2018.
MR. MCINTYRE IS AVAILBLE TO ELABORATE ON THE ABOVE.
Bonython Against Drones Action Groupc/- Neville and Andrea Sheather
11 March 2019
Hon. Michael McCormack MPMinister for Infrastructure, Transport and Regional DevelopmentDepartment of Infrastructure, Transport and Regional DevelopmentCANBERRA ACT [email protected]
Dear Minister,
ILLEGAL OPERATION OF PROJECT WING IN AUSTRALIA
We sent a letter to you on 17 February 2019 stating that we contend that all Project Wing operations in Australia have been illegal under the requirements of Australian Air Navigation (Aircraft Noise) Regulations 2018.
We have not received a reply to our letter.
We request an urgent response from you to this most serious matter.
Yours sincerely,
Neville and Andrea SheatherOn Behalf of Bonython Against Drones Action [email protected]
cc Hon. Anthony Albanese, MPShadow Minister for Infrastructure,
Transport and Regional [email protected]
ILLEGAL PROJECT WING AUSTRALIAN AIR NAVIGATION OPERATIONS
We are able to share with you our recent revelation that all of Project Wing’s Australian air navigation (flying) operations, starting in 2014 and to the present day, have been and continue to be illegal. They have not, and do not, comply with the requirements of the Australian Air Navigation (Aircraft Noise) Regulations 2018 and their predecessor 1984 Regulations.
These Regulations require them to undergo a noise approval certification process, under the auspices of the Department of Infrastructure, Transport and Regional Development, before undertaking air navigation in Australia. They have not undergone a noise approval certification process. This means Project Wing have committed an offence, for which strict penalties apply. They must be grounded immediately until they meet the requirements of the Australian Air Navigation (Aircraft Noise) Regulations 2018.
Ten other documents accompany this statement which fully explain our contention. Ian McIntyre, our technical adviser as mentioned in these documents, is available for comment. He can be contacted on mobile 0478530150 and email [email protected].
Bonython Against Drones Action Groupc/- Neville and Andrea Sheather
11 March 2019
Hon. Anthony Albanese MPShadow Minister for Infrastructure, Transport and Regional [email protected]
Dear Shadow Minister Albanese,
ILLEGAL OPERATION OF PROJECT WING IN AUSTRALIA
We attach hereto a letter on the above subject to the Minister for Infrastructure, Transport and Regional Development, Michael McCormack, dated 11 March 2019, seeking his urgent response to our earlier letter to him of 17 February 2019.
Part of our 17 February 2019 letter to Minister McCormack is quoted below:
“You will be aware of the concerns of the residents of Bonython in regard to theextensive drone trials undertaken by Project Wing over the subject suburb during thelast few months. There are many aspects of the drone operation which areconsidered unacceptable to the majority of Bonython residents, and these have beenvoiced to your Department, to Airservices Australia (ASA), to CASA, and to the ACTGovernment by individuals and by groups such as the Bonython Against Drones(BAD) Action Group.
However, the most serious of these unacceptable aspects is the noise made by thedrones during Project Wing operations. During discussions with the governmentbodies as noted above, and during complaint telephone calls by many individuals, itwas always stated that no action could be taken in regard to the noise made bydrones – separating drones from other aircraft.In further pursuing the matter of unacceptable noise, the BAD Action Group has nowlooked in depth at Australian legislation in regard to aircraft noise. This has includeda study of relevant regulatory material, and a recent conversation with personnelfrom the aircraft noise policy area of your Department. Following this, we nowcontend that the Project Wing drone operation over Bonython has been illegal inconsideration of the requirements of Air Navigation (Aircraft Noise) Regulations2018.
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The logic train to this conclusion is as follows:
(a) The Project Wing drone is without argument an “aircraft” in considerationof the said Aircraft Noise Regulations. ICAO Annex 6 Part 1 defines an aircraft as “.....any machine that can derive support in the atmosphere from the reactions of the airother than the reactions of the air against the earth’s surface”. The Department, ASAand CASA fully accept this definition; to not accept the definition would requireAustralia to lodge a Difference with ICAO in regard to Standards and RegulatoryPractices (SARPs).
(b) Part 1 of Section 5 of the Regulations prescribes the Application:– Subsection (1) (d) is relevant to the Project Wing operation i.e. “air navigationwithin the Territories”.– Subsection (2) lists particular aircraft (types and operations) that the Regulationsdo not apply to. Drones of the type operated by Project Wing are not included in thislist. Therefore the drone aircraft remains applicable.– The Project Wing drone is a very small and unmanned aircraft. The NoiseRegulations do not preclude such an aircraft type from being applicable to theRegulations.
(c) Part 2 (Noise Certification of Aircraft etc), Section 6, subsection (3) under“Other aircraft”, clearly states that “an aircraft that is not a subsonic jet aircraft or asupersonic aircraft must not engage in air navigation unless a noise certificate is inforce for the aircraft”. We understand that a noise certificate has not been issued toProject Wing. We note here that riders to (3) (i.e. (b), (c), (d) and (e)) are notapplicable to this consideration.
(d) The only legal way that Project Wing could have avoided the noisecertification approval process as described above would be if an Instrument ofExemption had been processed, and signed and issued by the Secretary of theDepartment, clearly exempting the Project Wing drones (or indeed all drones asspecified within the Instrument) from the Regulations, or specific parts of theRegulations requiring the approval process/certificate issue. Again, we understandthat an Instrument of Exemption is not in force. Hence our contention regardingillegality of the operation up to this time.”
In accordance with the above, all of Project Wing’s operations in Australia have been illegal. They have not, and do not, comply with the requirements of the Australian Air Navigation (Aircraft Noise) Regulations 2018.
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This is a matter of the most grave nature and remains unaddressed by Minister McCormack and his Department of Infrastructure, Transport and Regional Development.
We believe you should be aware of it.
Yours sincerely,
Neville and Andrea SheatherOn Behalf of the Bonython Against Drones Action [email protected]
Bonython Against Drones Action Group
C/o A. and N. Sheather
17 February 2019
The Honourable Michael McCormack MP
Minister for Infrastructure, Transport and Regional Development
Department of Infrastructure, Regional Development and Cities
111 Alinga St
Canberra ACT 2601
Dear Minister,
You will be aware of the concerns of the residents of Bonython in regard to the extensive drone trials undertaken by Project Wing over the subject suburb during the last few months. There are many aspects of the drone operation which are considered unacceptable to the majority of Bonython residents, and these have been voiced to your Department, to Airservices Australia (ASA), to CASA, and to the ACT Government by individuals and by groups such as the Bonython Against Drones (BAD) Action Group.
However, the most serious of these unacceptable aspects is the noise made by the drones during Project Wing operations. During discussions with the government bodies as noted above, and during complaint telephone calls by many individuals, it was always stated that no action could be taken in regard to the noise made by drones – separating drones from other aircraft.
In further pursuing the matter of unacceptable noise, the BAD Action Group has now looked in depth at Australian legislation in regard to aircraft noise. This has included a study of relevant regulatory material, and a recent conversation with personnel from the aircraft noise policy area of your Department. Following this, we now contend that the Project Wing drone operation over Bonython has been illegal in consideration of the requirements of Air Navigation (Aircraft Noise) Regulations 2018.
The logic train to this conclusion is as follows:
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(a) The Project Wing drone is without argument an “aircraft” in consideration of the Aircraft Noise Regulations. ICAO Annex 6 Part 1 defines an aircraft as “..... any machine that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth’s surface”. The Department, ASA and CASA fully accept this definition; to not accept the definition would require
Australia to lodge a Difference with ICAO in regard to Standards and Regulatory Practices (SARPs).
(b) Part 1 of Section 5 of the Regulations prescribes the Application:
– Subsection (1) (d) is relevant to the Project Wing operation i.e. “air navigation within the Territories”.
– Subsection (2) lists particular aircraft (types and operations) that the Regulations do not apply to. Drones of the type operated by Project Wing are not included in this list. Therefore the drone aircraft remains applicable.
– The Project Wing drone is a very small and unmanned aircraft. The Noise Regulations do not preclude such an aircraft type from being applicable to the Regulations.
(c) Part 2 (Noise Certification of Aircraft etc), Section 6, subsection (3) under “Other aircraft”, clearly states that “an aircraft that is not a subsonic jet aircraft or a supersonic aircraft must not engage in air navigation unless a noise certificate is in force for the aircraft”. We understand that a noise certificate has not been issued to Project Wing. We note here that riders to (3) (i.e. (b), (c), (d) and (e)) are not applicable to this consideration.
(d) The only legal way that Project Wing could have avoided the noise certification approval process as described above would be if an Instrument of Exemption had been processed, and signed and issued by the Secretary of the Department, clearly exempting the Project Wing drones (or indeed all drones as specified within the Instrument) from the Regulations, or specific parts of the Regulations requiring the approval process/certificate issue. Again, we understand that an Instrument of Exemption is not in force. Hence our contention regarding illegality of the operation up to this time.
We would now like to present our thoughts in regard to the way ahead. Quite obviously, Project Wing operations must cease immediately until the noise matter is resolved. There would then seem to be two courses of action open to the Department in terms of rectifying the situation as we have described above:
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(1) Processing and issue of an Instrument of Exemption. This would provide a legal solution to the problem. However, a further major problem arises, in that the Department would issue the Instrument of Exemption in the full knowledge that the noise produced by the subject drones is totally unacceptable to the general public
living under the operations areas, and this is therefore unconscionable. It would appear from conversations with cognisant officers of the Department that the Department is not aware of the extreme noise levels involved. For instance, the noise level of a subject drone coming to the hover, and then continuing to hover, to deliver a small commercial load has been measured some distance inside the boundary of an adjoining property as being approximately 80 EPNdB. This is totally unacceptable. Not only is it qualitatively more disturbing (a screaming/screeching
noise) and much louder than say a next-door motor mower, but it is many orders of magnitude above what EPA prescribes as a maximum acceptable limit under the set conditions; this limit is 45 EPNdB.
(2) Approval process properly initiated by Project Wing. The operator could go ahead and make application for approval as required by the Regulations. However, the Department would not be able to process this to completion, as the approval process would halt when the Department action officers realised the unacceptable extent of the noise involved. We note the wording in Part 2, Section 17 (5) (b), which says “the engagement of the aircraft in air navigation has had, and is likely to have, a significant noise impact on the public”. Now we are aware that this is addressing the revoking of an approval, but why would an approval ever be processed from the start if “a significant noise impact on the public” has been recognised. There is absolutely no question that there is a significant noise impact on the public as realised by the Bonython trial operations.
So our final conclusion here is that the Project Wing operations could not be, and must not be, recommenced unless there are major modifications carried out to the Project Wing drones to greatly decrease the currently-unacceptable noise levels that they produce.
Yours sincerely,
Andrea and Nev Sheather
On behalf of the Bonython Against
Drones Action Group
Cc The Aircraft Noise Ombudsman.
STATEMENT FOR MEDIA USE
ALL PROJECT WING OPERATIONS IN AUSTRALIA
FOR THE LAST FIVE YEARS
HAVE BEEN AND CONTINUE TO BE ILLEGAL
● WE CONTEND THAT ALL OF PROJECT WING’S AUSTRALIAN OPERATIONS HAVE BEEN AND CONTINUE TO BE ILLEGAL BECAUSE THEY DO NOT APPEAR TO HAVE UNDERGONE A NOISE APPROVAL PROCESS BY THE DEPARTMENT OF INFRASTRUCTURE, TRANSPORT AND REGIONAL DEVELOPMENT. THIS IS A REQUIREMENT UNDER THE AUSTRALIAN AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 2018. ALL NOISE CERTIFICATION APPROVALS MUST BE SIGNED BY THE SECRETARY OF THE DEPARTMENT OF INFRASTRUCTURE, TRANSPORT AND REGIONAL DEVELOPMENT.
● These Regulations make it clear that the Project Wing drones are classified as aircraft - defined as: “any machine that can derive support in the atmosphere from the reactions of the air and other than the reactions of the air against the earth’s surface”.
● These Regulations further say: “An aircraft that is not a subsonic jet aircraft or a
supersonic aircraft must not engage in air navigation (flying) unless a noise certificate or other approval is in force for the aircraft”.
● FOR NOISE APPROVAL, PROJECT WING MUST DEMONSTRATE THAT THEIR DRONES DO
NOT HAVE A SIGNIFICANT NOISE IMPACT ON THE PUBLIC. ELSEWHERE IN THE SUBJECT REGULATIONS THERE IS THE CLAUSE: “ THE ENGAGEMENT OF THE AIRCRAFT IN AIR NAVIGATION HAS HAD, AND IS LIKELY TO HAVE, A SIGNIFICANT NOISE IMPACT ON THE PUBLIC”, WHICH WOULD PRECLUDE THE PROJECT WING OPERATION AS IT STANDS.
● THERE IS ABSOLUTELY NO QUESTION THAT THERE IS A SIGNIFICANT NOISE IMPACT ON
THE PUBLIC FROM THE PROJECT WING DRONES, AS REALISED BY THE BONYTHON TRIAL. THIS IS EVIDENCED BY THE VAST NUMBER OF COMPLAINTS TO THE ACT GOVERNMENT AND OTHER AGENCIES, AND OUTLINED IN THE SUBMISSIONS TO THE CURRENT INQUIRY INTO DRONE DELIVERY SYSTEMS IN THE ACT.
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● This contention is made after indepth investigation, by a highly experienced and
qualified technical expert, of Australian legislation in regard to aircraft noise, including study of relevant regulatory material and recent conversations with personnel from the aircraft noise policy area of the Department of Infrastructure, Transport and Regional Development.
● On 17 February 2019 Bonython Against Drones Action Group wrote to Michael
McCormack, Minister for Infrastructure, Transport and Regional Development, telling him we contend that the Project Wing Bonython drone operation, and all its other Australian operations, have been illegal in consideration of the requirements of the Australian Air Navigation (Aircraft Noise) Regulations 2018, as stated above.
● The Minister has not replied to our letter. A letter requesting the Minister’s urgent
response to this most serious matter was sent on 11 March 2019, with a copy to the Shadow Minister for Transport, Anthony Albanese.
● Jeremy Hanson, The Chair of the ACT Legislative Assembly’s Standing Committee on
Economic Development and Tourism, which is conducting the Inquiry into Drone Delivery Systems in the ACT, currently underway, was also apprised of this matter on 10 March 2019.
● We also contend that in accordance with the above, both Project Wing’s and the ACT
Government’s submissions to the Inquiry into Drone Delivery Systems in the ACT contain erroneous information in regard to aircraft noise and Australian aircraft noise regulations.
● IN SUMMARY, WE CONTEND THAT PROJECT WING HAS BEEN OPERATING ILLEGALLY
FOR FIVE YEARS IN AUSTRALIA, SINCE ITS 2014 QUEENSLAND OPERATIONS STARTED. THIS MEANS ALL PROJECT WING OPERATIONS IN AUSTRALIA HAVE BEEN ILLEGAL UP TO THE PRESENT DAY. THEY HAVE NOT, AND DO NOT, COMPLY WITH THE REQUIREMENTS OF THE AUSTRALIAN AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 2018.
● PROJECT WING IS IN BREACH OF AUSTRALIAN REGULATIONS AND MUST BE
GROUNDED IMMEDIATELY. THIS IS UNACCEPTABLE AND UNCONSCIONABLE BEHAVIOUR BY A MULTINATIONAL COMPANY, PROJECT WING.