Beware of the drone, how to "fly" while respecting the law

The fashion for drones, small aircraft, continues to go crazy remotely piloted through special commands, applications and other mobile devices despite the fact that the legislation on the subject is evolving and as happens in these cases it is good to keep the old and new rules in mind. In fact, between 2019 and 2020 the single European regulation of drones will come into force which will standardize the set of rules on drones at a supranational level and which will supersede some of the provisions previously governed by ENAC (Ente Nazionale Aviazione Civile).

Therefore, if on the one hand everyone is free to buy one or more specimens – not even if we were talking about UFOs – on the other it is good to spread the idea that flying a drone is not for everyone. In fact, an APR (Remotely Piloted Aircraft) Pilot Certificate is required, in jargon we speak of drone license. Indeed, there are two types of aircraft identified by ENAC: SAPR (Remotely Piloted Aircraft Systems) and model aircraft. The former require a license if they weigh more than 300 grams, while the latter do not. Both are controlled with a remote control, but only the latter can be used for recreational or sporting purposes and must not be equipped with devices for specialized operations such as photo or video cameras or autonomous work devices.

Above all, everyone must know the changes at the regulatory level. Indeed, the European Parliament last June 2018 approved the new rules that will regulate the purchase and use of drones in all European Union countries. In the Official Journal of the European Union on 22 August 2018 the EU regulation 1139 which deals in general with Civil Aviation and also includes the update of the discipline on drones. The approval of the new regulations will allow all member states to have uniform rules in order to facilitate the growth of this increasingly expanding market.

But let's see in detail everything you need to know to fly the skies with your drone while respecting the law.

Article 5 of the ENAC Regulation for Remotely Piloted Aircraft defines an aircraft as "a remotely piloted aerial device, without people on board, not equipped with equipment that allows autonomous flight, used exclusively for recreational and sporting purposes, and which flies under the direct and constant visual control of the aeromodeller, without the aid of visual aids”; while specifying that the Remotely Piloted Aircraft System is "a system consisting of an aerial vehicle (remotely piloted aircraft) without people on board, used for purposes other than recreational and sporting ones, and the related components necessary for control and command ( control station) by a remote pilot”.

The difference between the two aircraft lies precisely in the complete absence on board of devices for specialized operations and autonomous work devices. If the aircraft were to be equipped with it, the definition we have just seen could no longer be given, but it would go on to be defined as a model aircraft. It is sufficient that there is a camera or video camera on the model or that the drone has a autonomous Return-to-Home system so that it falls into the category of SAPR, requesting the license if it exceeds 300 grams in weight.

But be careful, because the legislation is evolving and in 2019-2020 the single European regulation of drones will enter into force and this difference between model aircraft and SAPR will not exist in these terms and the need to obtain the pilot certificate will be reserved only for those who drive a drone weighing more than two kilos.

Those who use a drone in Italy must comply with the rules imposed by ENAC whether it is for entertainment or for work and which establish the limits and conditions for its use in compliance with the law.

FLIGHT AUTHORIZATION

Enabling navigation is attested by the release of a SAPR permit to fly. This flight authorization can be issued to carry out experimentation for research and development purposes or for specialized operations in the case of RPAS not built in series and therefore not in possession of restricted type certification. The permit to fly specifies the conditions and/or limitations under which operations must be conducted.

To obtain the flight permit for the experimental activity of the SAPR owner must submit an application to ENAC providing the necessary documentation to substantiate the system's ability to carry out the experimental activity in safety. The permit to fly is valid for a maximum of three years. If the conditions exist and upon specific request, ENAC can, as applicable, renew or issue a new permit to a specific RPAS, depending on the purpose of the same. The flight permit becomes invalid if the applicable limitations and conditions are not respected or in the case of changes to the system not previously approved by ENAC.

Instead, as far as flying an aircraft is concerned a minimum age of 18 pilot is required in possession of an appropriate and valid recognition of competence issued by an APR Training Center. Pursuant to the Navigation Code, the pilot is responsible for the safe conduct of the flight.

The acknowledgment of competence consists of a "Pilot certificate" or a "Pilot license" from APR, documents that are issued by ENAC directly or through authorized subjects.

To obtain the pilot certificate of aircraft the applicant must acquire knowledge of the applicable rules of the air, basic aeronautical knowledge, safety aspects and operational risks, by attending a specific training course with a favorable outcome, carry out a training program with a positive outcome on the type or class of UAV to be conducted and pass a practical exam at a training center.

SECURITY

The RPAS operator must establish, on the basis of the manufacturer's instructions, integrating them as necessary according to the type of operations, an adequate maintenance program to ensure the continued airworthiness of the system.

SANCTIONS

ENAC can adopt total or partial suspension of authorisations or certifications issued or cancel the privileges obtained. The suspension period cannot exceed 6 months. ENAC notifies the operator of the deed of suspension, the reasons and the time allowed for restoring the requirements concerned. However, the authorisation, certification or privileges obtained as a result of the declaration are revoked if the operator fails to restore compliance with the requirements within the envisaged times.

The execution of specialized operations with the use of RPAS in the absence of ENAC authorization for critical or non-critical operations, or even the non-compliance with the safety rules during operations involves the application of the sanctions referred to in articles 1174, 1216, 1228, 1231 of the navigation code.

Failure to comply with the rules established by the regulation by the aircraft pilot involves the suspension of the validity of the certificate or license for periods from 1 to 12 months due to the seriousness of the offence. I am also other penalties apply governed by the pertinent ENAC regulations and by the Navigation Code.

THE CURRENT ENAC REGULATION

The ENAC regulation on drones applies to SAPR operations under ENAC competence and to model aircraft activities, which take place within the Italian airspace. The SAPR of ENAC competence are classified according to the operating take-off mass of the vehicle in: systems with aircraft with an operating take-off mass less than 25 kg and those with an operating take-off mass equal to or greater than 25 kg and not exceeding 150 kg and can be used for specialized or research and development operations, which are subject to authorization by ENAC.

Possible operations distinguish three different cases:

• Visual Line of Sight (VLOS): operations conducted within a distance, both horizontally and vertically, such that the remote pilot is able to maintain continuous visual contact with the aircraft, without the aid of instruments to augment sight, such as to allow him direct control of the aircraft to manage the flight, maintain separations and avoid collisions.
• Extended Visual Line Of Sight (EVLOS): Operations conducted in areas whose size exceeds the limits of the VLOS conditions and for which the VLOS requirements are met by the use of alternative methods.
• Beyond Visual Line Of Sight (BVLOS): operations conducted at a distance that does not allow the remote pilot to remain in direct and constant visual contact with the aircraft, which does not allow to manage the flight, maintain separations and avoid collisions.

Furthermore, it is possible to distinguish between non-critical operations by which we mean those operations conducted in VLOS which do not provide for overflight, even in the event of breakdowns and malfunctions, of congested areas, gatherings of people, urban agglomerations or sensitive infrastructures; and critical operations which are all those that do not fall within the previously listed case.

Le drone rules of the National Civil Aviation Authority provide that:

• The drone cannot fly more than 500 meters away from the pilot with a maximum altitude of 150 meters elevation.
• The minimum flight distance from airports extended to 5 kilometers where an ATZ zone does not already exist (Aerodrome traffic zone, an area in which air traffic is reserved only for flights departing from or landing at the airport).
• The ban on flying over gatherings of people and the obligation to also respect the safety standards that go beyond the regulation itself, such as those on privacy or municipal regulations.
• Ability to use drones weighing less than 300 grams and with a maximum speed of 60 km/h after sending the necessary documentation to ENAC (simplified procedure compared to other cases).
• To operate with drones weighing less than 2 kg it is sufficient to obtain the flight certificate and pass a medical examination at an approved centre.
• for critical operations (i.e. those flight operations which envisage the overflight of populated areas even only in the event of failure and malfunctions) the pilot will instead have to follow a longer process.

WHAT CHANGES WITH THE EUROPEAN REGULATION OF DRONE

The vote of the European Parliament ratified an agreement that had already been reached in November 2017 between the negotiators of the Parliament and those of the European Council. The single European regulation on drones contains a series of rules that aim to regulate the use of drones and was published by EASA (the European Civil Aviation Agency) in May 2017 before being definitively approved in June this year. The European Commission will still have to intervene on the standard to decide the maximum altitude limits that the various types of drones can touch, the maximum distance that can be reached and what types of operations the various types of drones can perform.

As we have already mentioned, with the single European regulation the distinction between aircraft and SARPs falls and drones will simply be called Unmanned Aircraft (AU). It is not just a simplification of the definitions relating to the types of drones, this regulation also brings changes to the sphere of permits and authorizations for driving remote-controlled aircraft: there will no longer be a division between sport flight, specialized non-critical operations and specialized critical units, but the division will be made according to the different flight conditions.

There will always be three categories but they will differ according to the distance between the drone and the people: there will be regulations for drones flying above people, away from people and close to people. To fly away from people at a height of up to 120 meters, all you need to do is follow an online course which includes a final exam to assess the acquired skills and have read the flight instructions inside the drone box - minimum age 16 -.

Il patent is only used to fly a drone in the vicinity of people. The license must be issued by a Training Center recognized by the National Civil Aviation Authority. If, on the other hand, you will be flying a drone weighing less than 250 grams above people's heads, just read the flight instructions.

THE CATEGORIES OF DRONES

It is important to keep in mind the categories into which drones are divided according to their weight and the height they can reach. In total categories are five and range from C0 to C4.

C0 is the category that groups all the drones weighing less than 250 grams and that they cannot exceed a height of 50 meters. In category C1, instead, there are all drones weighing no more than 900 grams, which cannot exceed a height of 120 meters and a maximum speed of 65 kilometers per hour. Category C2 is reserved to drones with a maximum weight of 4 kilograms and that they must install a geofencing system – a kind of virtual fence used by GPS technology on mobile devices to define the virtual geographical boundaries of a moving entity (object or person) – and a flight terminator. Category C3 includes all drones weighing up to 25 kilograms. Category C4 includes all drones excluded in the other definitions.

DRONE REGISTRATION

Noteworthy news is the obligation to register the drone, the pilot or both in a special register. In some specific cases, it will be necessary to mount a transponder on the drone which will send all the flight data: in the event of an emergency, the authorities will know how to intervene immediately. The only model aircraft exempt from registration are those weighing less than 250 grams and fitted with a camera with a resolution of less than 5 megapixels.

OBLIGATION OF THE CE MARK

Another obligation is that relating to the compulsory nature of the CE mark for all drones sold on the European market which thus guarantees compliance with European safety standards.

SANCTIONS

The new drone regulation does not contain references to penalties (except in terms of certificates and declarations), but confers the power to introduce rules on sanctions applicable in case of violation of the same to each member state (pursuant to article 131). These sanctions will have to be "effective, proportionate and dissuasive" and is therefore necessary the intervention of national legislators.

FUTURE SCENARIOS

Here it is in the highlighted images the new frontier of drones which is already a reality and which numerous national governments have already equipped themselves with, as clearly the American one. However, even wealthy nabobs will be able to use them, given the exorbitant cost they involve: these are mini drones, the new generation of miniature spies and the terror of private citizens since they are almost imperceptible and can fly without arousing suspicion in total autonomy.

And if on the one hand drones scare and pose a series of privacy issues, on the other they always push new technologies one step forward: this is the time ofapplication of drones to e-commerce, many companies in the sector offer parcel deliveries within cities.