psdj response to house of lords inquiry on rpas

8/10/2019 PSDJ Response to House of Lords Inquiry on RPAS

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The Professional Society of Drone Journalists2001 Sheffield RoadOklahoma City, OK 73210Dronejournalism.org

Dear Ms. Mason,

I am responding to your request to submit evidence to the House Internal Market, Infrastructureand Employment Sub-Committee of the House of Lords European Union Committee, to assisttheir investigation of the civil use of Remotely Piloted Aircraft Systems in the European Union.

The Professional Society of Drone Journalists (PSDJ) is honored to be considered by the Houseof Lords committee for this purpose, and greatly appreciates the opportunity to engage in theconversation on civil use of RPAS. The PSDJ is a not-for-profit association of journalists,engineers, educators, and filmmakers who seek to develop and/or use RPAS to augment newsreporting worldwide. To date, we have more than 343 members from 47 countries. Twenty-twomembers live in the European Union, including eight members who reside in the United

Kingdom.

Our organization was founded in 2011 with the goal of establishing the ethical, educational andtechnological framework for the emerging field of drone journalism. Over the past four years,weve increased awareness through numerous presentationsand outreach opportunities,developed a code of ethics for drone journalism, provided training of RPAS to many individuals,and have conducted ourselves as responsible professionals in our respective countries.

Our bylaws, signed by the PSDJ Board of Directors in January 2014, officially defined ourpurpose in three domains: fostering the development and safe operation of unmanned vehiclesfor journalistic purposes; furthering the adoption of unmanned vehicles by the press through

education, outreach, and promotion; and advocating freedom of responsible and ethical use ofunmanned vehicles by journalists. As such, we are pleased to provide experiential knowledgeand professional opinion in the pursuit of effective regulation of civilian RPAS.

We have carefully examined the questions and have selected to respond to those which we feelthe most expertise to answer confidently and authoritatively. I hope the following answers toyour questions provide good information for the House of Lords, and I wish the RightHonourable Members of the Sub-Committee the best in their pursuit of equitable and safe RPASregulations.

Sincerely,

Matthew Schroyer,Founder and President,Professional Society of Drone [email protected]

Ian Hannah,Owner, AvroboticsDirector of Operations, Industrial SkyworksVice President,Professional Society of Drone [email protected]
mailto:[email protected]:[email protected]:[email protected]


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Monday, September 29, 2014

Do you agree with the priorities identified in the European Commissions Communication

for opening the aviation market to the civil use of RPAS? Are there other priorities which

should have been included?

The Communication from the European Commission1, adopted 8 April 2014, states clearly that

safety is the paramount objective of EU aviation policy. The greatest challenge in creating rulesthat proportionately reflect the risk of the various types of RPAS operations, according to theCommission, is taking into account weight, speed, complexity, airspace class and place orspecificity of operations.Further, the Commission notes in this Communication that RPAS area segment of aerospace technology that encompasses an enormous range of aircraft, in terms ofsize, capability, and complexity.

This is an appropriate priority; safety of the public has the greatest weight when comparing allrelevant considerations around civil use of RPAS. Large news organizations may in the futuredesire aircraft with complex abilities, such as being able to fly hundreds of miles from the stationof control, hovering or loitering for an hour or longer, or flying at an altitude such that it is

necessary to sense and avoid air traffic

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. However, for the foreseeable future, most newsorganizations and individual journalists seek to use small RPAS, which typically fly under a milefrom the operator, fly for perhaps 20 minutes at most, and are designed to operate below theminimum safe altitude for manned aircraft.

The risk to harm with small RPAS is greatly decreased when compared to traditional mannednews helicopters3, which weigh thousands of pounds and carry hundreds of pounds of flammableliquid during flights4. Small RPAS operators lack these risks, and so the expectation of licensureand certification should not be the same as larger, manned aircraft. At the same time, it isreasonable to require some kind of licensure to ensure that RPAS operations are being conductedonly by those who can competently manage small unmanned aircraft in a dynamic environment.

Following the issue of safety, privacy is addressed, specifically the right to private and familylife, and the protection of personal data.The greatest concern with regard to privacy is the useof RPAS as surveillance devices, which may collect sensitive data about people and families,which may be distributed by electronic means.

Given recent scandals amongst members of the press involving hacking and bribery5, the publicis understandably concerned that similar mal-content individuals might prey on the public usingRPAS. However, regulators must consider deeply whether certain privacy-minded regulationswould unjustifiably interfere with the duty of the press to inform the public through their useRPAS to capture and disseminate knowledge about critical events, or to uncover malfeasanceand injustice.

1http://ec.europa.eu/transport/modes/air/doc/com%282014%29207_en.pdf2http://www.tvnewscheck.com/article/61816/will-drones-take-flight-for-tv-stations/page/13http://www.komonews.com/news/local/News-helicopter-crashes-burns-beside-Space-Needle-250790281.html4http://airbushelicoptersinc.com/products/AS350B2-specifications.asp5http://www.bbc.com/news/uk-11195407


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RPAS, even at this early stage in development, have already proven effective in uncoveringcontamination of public waterways6, revealing the impacts of natural and man-made disasters7,and providing documentation of important political movements8. Overly-burdensome regulationsnot only would hamper the ability for journalists to report on these issues, but also would restrictthe public from receiving vital information.

In general, the freedom of the press can be preserved by guaranteeing permission to fly smallRPAS, in a responsible manner, at sufficiently low altitudes over public land. The issue ofprivacy thus is tied to the right of people to make good use of the air above their private land, bydeploying RPAS to monitor and tend to crops, and to image, assess, and track their property.Therefore, it would behoove the Commission to consider an additional priority to the onesmentioned: the right for the press and public to have fair and complementary access to the sky.

What are the advantages and disadvantages of regulating RPAS at the national, EU or

international levels, for example in the International Civil Aviation Organization (ICAO)?

Are the EUs actions, proposed or otherwise, consistent with developments in non -EUcountries, for example in the United States?

At this time, there is no consensus in the global aerospace community on how to integrate RPASinto airspace, or how to regulate the operation of small RPAS. Outside of the EU, each countryseems to be on an independent regulatory path, and few countries seem eager to borrowregulatory best practices from other countries. Further complicating the issue of internationalcontinuity is the fact that some countries, such as the United States, are internally conflictedabout the current status and direction of RPAS regulations.

One advantage of international consensus on RPAS regulations is that countries are on equalfooting from an economic standpoint. In a world with equal RPAS regulations, developers,instructors, and operators have economic security knowing that a particular system is legalwherever it may be operated. From the standpoint of the news industry, unified RPASregulations mean journalists can be confident in respond to an event in another country withRPAS, which in turn ensures the public has access to news on international affairs.

Conversely, non-unified RPAS regulations can be crafted in a manner that protects nativeaerospace industry at the expense of the international community. For example, one countrycould require expensive but unnecessary electronic features (i.e. ADS-B transponders9oradvanced sense-and-avoidcapability for small, low-flying aircraft), or have an unreasonableclassification for small RPAS (i.e., restricting certain technologies under laws similar to the USInternational Traffic in Arms Regulation).

6http://www.dronejournalism.org/news/2014/5/plants-blood-dumping-uncovered-by-drone-photos-will-go-without-felony-charges7http://www.dronejournalism.org/news/2014/2/flooding-in-south-western-britain-captured-by-low-flying-drone8http://www.dronejournalism.org/news/2013/8/interview-with-a-citizen-drone-journalist-in-istanbul-i-have-been-witnessing-some-very-bad-things9http://www.faa.gov/nextgen/programs/adsb/


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Such regulations might protect the interests of large aerospace businesses that are accustomed toproducing military-grade equipment, but would block grassroots RPAS developers and smallbusinesses from participating in the RPAS economy. This is understood by the EuropeanCommission, which acknowledges in its RPAS Roadmap10that the experience of the firstEuropean operators and services providers clearly shows that solid businesses cases require

internationalisation of the activities beyond the national market.Similarly, strict regulationswould deny many end-users access to affordable RPAS equipment and services.

The Commissions RPAS Roadmap additionally anticipated that VLOS flights of small RPASwould be a daily occurrence between 2014 and 2018, with common rules expected toward thelatter part of the time period. Furthermore, Annex 1 of the Roadmap indicates an emphasis onquickly resolving the regulation small or light RPAS, especially used in VLOS operations, withthe understanding that below a certain threshold to be determined (e.g. 20-25 Kg or othercriteria) there would be no formal airworthiness processes, but only safety assessment of thesystem, under responsibility of the RPAS operator. Specifics are not available at this time, butbroadly speaking, these regulatory intentions, if carried out, would place EU Member States

among the most progressive in the world in terms of small RPAS regulations.

In its own UAS road map, the US Federal Aviation Administration shares some similarities withthe EU roadmap where small or light RPAS are concerned. The US Roadmap11indicates thatsmall RPAS have priority in the rulemaking process, and eventual rules may not requireairworthiness certification for small RPAS flown in a limited range. The US Roadmap showsintent that the FAA will require classification of sUAS, certification of sUAS pilots, registration

of sUAS, approval of sUAS operations, and sUAS operational limits. The FAA ComprehensivePlan12for UAS integration further notes an intention to require permits for sUAS pilots.

However, should the proposed timeline of the Roadmap, the EU could potentially permitwidespread RPAS use ahead of the US. The US only recently has allowed commercial RPASflights under special, restrictive conditions (known as 333 exemptions13), despite the vastdifferences in risk and skillsets between manned flight, and remotely-operated small UAS flightswithin VLOS. The Comprehensive plan originally anticipated routine civil RPAS flights withoutspecial certifications in 2015, but a recent audit of the Federal Aviation Administration foundthat regulations for small RPAS are far behind schedule14. These two developments do notinspire confidence that when rules eventually are produced, the US will prove to be as favorableas the EU for RPAS operations and services.

Canada, meanwhile, is significantly more amenable to small RPAS commercial operators, butrequires a Special Flight Operations Certificate (SFOC), and a Notice to Airmen (NOTAM) foreach flight. This document must be submitted at least 20 days before each operation, and is asignificant investment of time for many Canadian RPAS operators. Finally, operators are

10http://ec.europa.eu/enterprise/sectors/aerospace/uas/11http://www.faa.gov/uas/media/uas_roadmap_2013.pdf12https://www.faa.gov/about/office_org/headquarters_offices/agi/reports/media/UAS_Comprehensive_Plan.pdf13http://www.dronejournalism.org/news/2014/9/faa-exemptions-require-licensed-pilots-sterile-sets-for-commercial-uas-use14https://www.oig.dot.gov/library-item/31975


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required to have a minimum of $10,000 liability insurance coverage15. The EU Roadmap seemsto indicate no such paperwork or delay is required for similar operations, which would make theEU more favorable to commercial RPAS use in this respect.

In looking outside EU Member States for countries where RPAS regulations have balanced the

publics safety and security with a fertile economic climate for businesses, Australia serves as auseful example. Written into law in 2002, Part 101 of Australias Civil Aviation SafetyRegulations16(CASR) requires no special airframe certification, but requires all RPAS pilotsobtain or create an operations manual, risk assessment, flight manual, and maintenance manualfor their aircraft. Pilots obtain a UAV OperatorsCertificate. Additionally, if conducted overnon-populated areas, individual flights require no special authorization, but RPAS operators mayobtain area approval on a case-by-case basis to fly in populated areas.

In numerous discussions during PSDJ Board of Directors meetings, it has been generallyconcluded that Australia has the most beneficial small RPAS regulatory system for journalists,developers, businesses, and the public at large.

In which new or innovative ways do you think RPAS will be used in the future?

In Considering the future use of RPAS it is worthwhile to note the different categories that RPASwill fall under, small RPAS under 20-25 kg will find different uses to those in higher weightcategories, and fixed wing RPAS will be used differently than rotor craft. To be able tounderstand what uses may occur, its important to understand the different types and capabilitiesin these classes. Small RPAS are easily deployed posing little risk under most circumstances17,but may be limited to certain altitudes and line of sight operations18. Larger RPAS will be able tofly higher and have sense and avoid systems19and be able to be integrated into the current airtraffic system20, and this will give them capabilities beyond line of sight operations.

In all areas of use, RPAS are only as useful as the sensors on board. This ties into the weightcategories, as some of the more sophisticated sensors are still above 10 kg, applications such asmapping that involve LIDAR may require larger systems to carry them21. However, the market isseeing a massive opportunity in RPAS and is adapting many technologies to be lighter and morecompact and specifically designed for RPAS. At their basic level RPAS are simply datagathering machines that can gather data quicker and more safely than current methods, in thisregard they can be seen as a disruptive force across a broad range of uses.

Many of the most innovative uses will come in the small RPAS categories, in part because of thelower cost and easy access of this type of aircraft but also because of the decreased risk. Here theuses will explode with innovation across a massive range of industries. Most obviously has been

15http://laws-lois.justice.gc.ca/eng/regulations/SOR-96-433/FullText.html#s-606.0216http://www.casa.gov.au/wcmswr/_assets/main/rules/1998casr/101/101c01.pdf17https://www.mitre.org/sites/default/files/pdf/12_2840.pdf18http://www.dronejournalism.org/news/2013/11/road-map-gives-hints-of-us-drone-privacy-regulations-to-come19http://www.frc.ri.cmu.edu/projects/senseavoid/Images/CMU-RI-TR-08-03.pdf20http://www.nasa.gov/centers/armstrong/news/FactSheets/FS-075-DFRC.html#.VCl50BZ0Zrs21http://www.int-arch-photogramm-remote-sens-spatial-inf-sci.net/XL-1-W2/87/2013/isprsarchives-XL-1-W2-87-2013.pdf


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the film and broadcast markets, who have already found a multitude of uses for airborne camerasystems22. These include, replacement of traditional helicopter work, removing the risk andreducing both financial and environmental costs. They also add new perspectives to helpstorytellers, replacing expensive cranes in movie shoots. In television and new media, RPAS canbe used for breaking news, general news stories, and gathering data that until now journalists

have not been able to access

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. RPAS may also cover sports events, even inside arenas whichuntil now has been impossible.

Agriculture is often cited as the first area of effective RPAS use, due mainly to the largegeographic areas involved and the relatively low population density. Using sensors such asmultispectral and hyperspectral cameras, RAPS can be programmed to fly across millions ofhectares of crops, gathering data on the health of every plant. Until recently, this data has beenhard or prohibitively expensive to gather, but RPAS will make it easy and cost effective.

Larger RPAS are currently in use in Japan to spray crops24. This replaces the current method ofpiloted aircraft flown at low level often considered the most dangerous of all flying jobs25. The

use of semi-autonomous RPAS spraying crops is expected to be approved in Australia andCanada in 2015.

Industry is perhaps the biggest area of RPAS use. Growth here will be an ideal place for noveland innovative uses in helping industry remove risk from some of their most dangerous work26.For example, a reoccurring requirement for electricity suppliers is to inspect their towers fordamage or corrosion. This currently is a dangerous job, yet easily is replaced by an RPAS, whichcan give more accurate data than a person27. Similarly, windmill and chimney inspections canquickly and easily be done, without the costs of having to shut down plants28. This really just thebeginning, but its hard not to imagine many industries that will be able to benefit from de-risking projects. Perhaps the most obvious ones are the jobs currently done by full size aircraft,such as oil rig inspection, easily replaced by RPAS, pipe line inspections, again often done byfull size aircraft are ideal uses for Beyond VLOS operations. Large and small area mappingprojects can now be done remotely, a small light weight RPAS which poses much less riskmapping urban areas then the current use of full size helicopters29.

Law enforcement and military uses are already underway. Although concerns over these uses arecommon, many times the uses have proven to be very effective in the work required of theseintuitions. Search and rescue using RPAS has saved lives by the ability to rapidly deploy asystem out of the back of a police car, rather than call in a full size helicopter, when minutesmean the difference between life and death30. Less dramatically, traffic incidents that can cause

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http://www.wileyonmedia.com/2014/09/uas-takes-flight-for-film-companies/23http://www.dronejournalism.org/news/2014/3/aerial-robots-provide-accurate-independent-data-on-coal-ash-disaster24http://rmax.yamaha-motor.com.au/history25http://www.kboi2.com/news/local/21050204.html26http://www.engineerlive.com/content/drones-cut-risk-industrial-inspections27http://www.aeryon.com/applications/missions/295-hydro-inspection.html28http://www.thecyberhawk.com/inspections/utilities/29http://www.suasnews.com/2014/08/30842/uas-urban-mapping-for-the-world-bannk/30http://www.mentalmunition.com/search/label/search%20and%20rescue


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long shut downs of key motorways while accident data is being gathered, and this can now bequickly mapped with a low cost RPAS, meaning motorways opened in minutes rather than hours,something now commonly done in Canada.

Mapping has proven to be a very effective use of this technology, low altitude high-resolution

images can easily out preform satellite imagery, geo referenced data allows high-definitionmapping to be easily done. Maps and mapping is becoming more and more important toeveryday life and RPAS could play a key role in the future of cartography.

Environmental issues are well serviced by RPAS, in the Canadian artic RPAS where used toassess the environmental impact of mining projects31, counting the wildlife both in the ocean andon land, removing the extreme danger of flying over hostile regions. In the same area, RPASwere used by the mining company to topographically map the area for industrial development32.Other data such as air quality measurement can be now done daily with easily launched RPASand on board sensors.33

In summing up the use of RPAS may replace traditional methods of data gathering, but they arealso being used in ways never possible before, this spirit of innovation will continue as long asthe regulations continue to allow such development. Use of RPAS to deliver life preservers34,using thermal cameras to locate persons at sea is just one example, launched from a boat of fromland an RPAS can quickly deliver a life preserver faster and more accurately than any othermethod. RPAS can be used to lift lights for a variety of night time coverage, much moreeffective than flares due to their long flight time and directional control.

Rapid Traffic management35is another area RPAS can deliver, with the ability to give detailedimagery for traffic control during national events that require instant feedback on non-typicaltraffic routes. RPAS can be used in sport training36, allowing instant information to be given tocoaches on movement of players, the moving aerial perspective has proven invaluable toprofessional sports teams that have experimented with the technology. Animal herdmanagement37can be carried out, with RPAS being able to see herd stock with thermal cameras,this technology has proven effective in anti-poaching practices throughout Africa38. HighAltitude RPAS are being tested as a way to cheaply replace satellite delivery of internet signals,allowing low cost transmission to remote areas39.

31http://www.scienceworldreport.com/articles/11716/20131220/global-hawk-uav-in-canadian-arctic-for-first-time.htm32

http://www.theglobeandmail.com/technology/tech-news/canadian-technology-and-the-flight-of-the-drones/article17849259/33http://www.energy.ca.gov/2011publications/CEC-500-2011-039/CEC-500-2011-039.pdf34http://www.wired.co.uk/news/archive/2011-02/22/unmanned-drones-life-jackets35http://www.roadsbridges.com/traffic-management-georgia-dot-contemplating-drones-traffic-control36http://espn.go.com/espn/otl/story/_/id/10974559/drones-use-ucla-mlb-starting-show-more-sports-fields-coaches-embrace-technology37http://cwf-fcf.org/en/discover-wildlife/resources/online-articles/funding-stories/tracking-wildlife-with-uavs.html38http://www.bbc.com/news/business-2813252139http://www.wired.co.uk/news/archive/2014-03/04/facebook-drones


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Delivery by RPAS has already become a reality, despite the news made by Amazon, DHL hasbecome the first company to regularly use RPAS to delivered medicine to remote areas inGermany40. Delivery by RPAS was met with much skepticism, but may prove to be a critical partof life for some communities

Given the potential uses of this technology, we can expect rapid growth in RPAS use across allindustries, provided that appropriate regulations will not block these innovations.

What is your view of the estimate by the AeroSpace and Defence Industries Association of

Europe that RPAS activities will create about 150,000 jobs in the EU by 2050? What are

the factors that might restrict the growth of the RPAS market?

The initial estimate by the AeroSpace and Defence Industries Association of Europe isdependent on two factors: Firstly the consistent overall growth of the RPAS market, Secondly:The competition between the two other main Markets, namely the North America market and theAsian market.

The first question on the growth to 2050, every study seen to date projects a rapid increase inRPAS adoption and growth, number vary from publication but in the United States RPASrevenues are expected to exceed 8 Billion Dollars per year, with over 100,000 jobs created until202541. The same growth is expected worldwide with a potentially higher adoption rate and jobgrowth in China, in part due to the more favorable regulations and labour cost.

Europe has an advanced and successful aerospace industry, whether they can compete globally inthe RPAS market will depend on early adoption and the speed at which regulations can be put inplace across Europe. Presently each country has its own regulation for RPAS use, this is a largedisincentive to opening a successful RPAS operation in Europe. Each countries rules andregulation for RPAS use, frequency allocation and privacy issue will need to be harmonized toensure that companies can operate successfully in each country without the burden of differentregulations and licenses required. There needs to be central body which will oversee a standardapproach to RPAS integration, any slow down or undue red tape at this critical stage will meanindustry and jobs will go elsewhere. The USA has suffered from slow adoption of RPASregulation42, other countries such as Australia and Canada have moved ahead with several keycompanies now operating in these countries. However, the FAA is moving to catch up, and weexpect to see more commercial small RPAS operations in the USA in the next 12 months.

Burdensome regulation will slow down job growth, but also so will any catastrophic accidentinvolving RPAS and manned aircraft. This would be not isolated to Europe, Asia or NorthAmerica. Any incident that would involve the loss of life due to an RPAS would have a rippleeffect across the industry regardless of location, so regulations and enforcement of the

40http://www.dhl.com/en/press/releases/releases_2014/group/dhl_parcelcopter_launches_initial_operations_for_research_purposes.html41http://auvsi.org/resources/economicreport42http://www.computerworld.com/article/2488394/data-privacy/u-s--commercial-drone-industry-struggles-to-take-off.html


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regulations are an important part of the overall growth the industry. We would encouragereasonable regulations that still take into account the actual risk of a small RPAS unit operatedwithin visual line of sight.

Other possible risk to growth is the lack of reasonable patent enforcement. This technology is

relatively low cost and in Asian markets Intellectual Property is often disregarded

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, giving manynew businesses a lack of incentive to continue development. Strong rules regarding designpatents and testing would be an important feature to secure a robust RPAS industry.

Similarly, a clear path for RPAS operators to follow will help in the overall growth. Presently,most regulations are unclear and hard to find, and this does nothing to help the growth andhinders development. Many inspectors are poorly trained and have little understanding of RPAStechnology, a comprehensive, clear strategy with specific deadlines for introduction would bewelcome and aid growth.

Are the existing data protection, liability and insurance regimes at EU and Member State

levels sufficient to address the concerns raised by the potential greater use of RPAS, or arechanges required?

The European Unions Data Protection Directive 95/46/EC44, adopted in 1995, defined personal

data as any information relating to an identified or identifiable natural person, where anidentifiable person can be directly or indirectly identified by one or more characteristics namely, factors specific to his physical, physiological, mental, economic, cultural or socialidentity. Much attention is given in 95/46/EC to the concept of data processing, which shouldonly be permitted based on transparency, legitimate purpose, and proportionality.

RPAS or drones, being essentially sensor-carrying aerial devices, are used to collect data. Thedata may come in many different forms, from still images and video of visual light, to multi- andhyper-spectral imaging that reveals the chemical nature of the world. The data collected byRPAS typically is processed by a computer or network of computers, which may take minutes,hours, or days, depending on the amount of the data and the complexity of computer tasking. Theresult of this processing can be any number of data products: information-dense maps, three-dimensional models, aerial video and photography, among other items. Thus, the processing anddistribution is administered by persons, and is outside the scope of RPAS regulations.

More crucially, Article 8 of the European Convention of Human Rights45, signed 4 November1950, grants the right to respect for private and family life, his home, and his correspondence.Naturally, this is balanced with respect to Article 19 of the Convention46, which grants the rightto hold opinions and to receive and impart information and ideas without interference by publicauthority and regardless of frontiers. Rights in both Articles are subject to restriction based onthe needs of a democratic society.

43http://hbr.org/2012/03/us-competitiveness-and-the-chinese-challenge/ar/144http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:en:HTML45http://conventions.coe.int/treaty/en/treaties/html/005.htm46http://www.theguardian.com/media/2002/mar/27/pressandpublishing.privacy4


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Given these foundational documents and the rich case law history, the EU has the means toprotect privacy while ensuring the function of a press in a democratic society. RPAS are apowerful, useful tool that can uncover pollution, oppression, and corruption, but exploit nospecial loophole in existing rights or laws. RPAS users may still be prosecuted and face fines orimprisonment should they use their technologies unjustly, as with any other technology. As such,

the EU is sufficiently prepared to address concerns presented by RPAS.

psdj response to house of lords inquiry on rpas

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