AviationWeek.com/awst AVIATION WEEK & SPACE TECHNOLOGY/MARCH 30-APRIL 12, 2015 53Graham Warwick WashingtonLight Work
Europe’s risk-based approach
would minimize regulation of low-
risk unmanned-aircraft operations
E
urope’s aviation regulator has proposed a framework
for unmanned-aircraft operations with three categories
based on risk, the lowest of which would not involve any
oversight by aviation authorities.
The European Aviation Safety Agency’s (EASA) “Concept
of Operations for Drones” says unmanned aircraft “should
be regulated in a manner proportionate to the risk of the
specific operation.”
Europe envisages lighter regulation for the lowest-risk civil
unmanned aircraft system (UAS) operations than is being
proposed in the U.S., but the actual limits on each category
have yet to be fully defined.
News of the framework follows a meeting of European par-
liamentarians, ofcials, regulators and other authorities and
industry in Riga, Latvia, on March 6 to agree on principles
to guide regulations for civil unmanned-aircraft operations
in European airspace from 2016 onward.
The meeting concluded with release of a declaration that
the UAS market in Europe should start with low-risk, low-
altitude operations under minimal rules and be allowed to
“develop with light-touch risk-based regulation, similar to
product safety regulations applied in other sectors.”
EASA says its concept for a regulatory framework has
been developed to integrate unmanned aircraft into the air-
space system safely and proportionately while fostering an
innovative and competitive European industry.
While the U.S. calls them UAS, Europe has traditionally
talked of remotely piloted aircraft systems, or RPAS. EASA’s
Concept of Operations uses the popular term “drones.”
In order of increasing risk and regulation, the three cat-
egories of operation are Open, Specific and Certified. The
lines between the categories will be defined in consultation
with stakeholders, EASA says.
Open-category operations will not require any authoriza-
tion by an aviation authority, but must stay within defined
limitations. These include keeping the vehicle within visual
line-of-sight (VLOS) of the operator, under 150 meters (490
ft.) altitude and away from airports and other areas reserved
for environmental and security reasons.
Open operations would be “very low risk” and subject to
minimal regulation focused on defining the limits of opera-
tions. EASA says Open would be a category of operation
“which can be overseen through the police, as for cars.”
No airworthiness approvals or operator licenses would be
required. Operations would involve low-energy aircraft that
would have to stay a minimum distance away from people and
not fly over crowds. But vehicles would be allowed to fly above
people in populated areas provided they comply with an ac-
ceptable industry standard.
Toy drones below 500 grams (1.1 lb.) would be exempt, but
the upper weight limit for the Open category is to be defined
in consultation with stakeholders, says EASA.
This contrasts with the FAA’s proposed rule for small UASweighing up to 55 lb. This would not require airworthiness
certification, but would require operators to pass an aero-
nautical knowledge test and obtain an operator certificate.
The U.S. plans to restrict operations to day VLOS, below
500 ft., with small UAS being barred from being flown over any
persons not involved in the operation. The FAA is considering
a more lightly regulated “micro-UAS” category below 4.4 lb.
EASA’s Specific category would require an operations au-
thorization by an aviation authority, with specific limitations.
Operations in this category would entail greater risk to the
people being overflown or involve sharing airspace.
To obtain authorization, an operator would perform a
safety risk assessment and identify mitigation measures that
would be reviewed and approved by the aviation authority.
The assessment would have to address airworthiness, operat-
ing procedures and environment, competence of personnel
and organizations involved and airspace issues, says EASA.
The Certified category would involve operations with levels
of risk akin to manned aviation, and would be treated in a clas-
sic aviation manner. The boundary between Specific and Certi-
fied has still to be defined, but could be based on kinetic energy,
type of operation and level of vehicle complexity and autonomy.
EASA expects to establish airworthiness and noise cer-
tification standards for fixed-wing, rotorcraft, airship and
powered-lift vehicles.
The agency’s timetable calls for the regulatory framework to
be published for consultation by mid-year, and a draft to be pre-
sented to the European Commission by year-end. A “concrete
proposal” for the Open category is to be published for consul-
tation in June and presented to the commission in December.
EASA’s proposed framework aligns with the main prin-
ciples of the Riga Declaration on RPAS. These are:
Drones need to be treated as new types of aircraft with
proportionate rules based on the risk of each operation. Rules
should be “simple and performance-based.”
A basic regulatory framework for safe drone services
“should be put in place without delay” to help the private
sector make well-informed investment decisions.
Adequate public-private investment is required to develop
the technologies and standards needed for the full integration
of drones into the European airspace.
Public acceptance is key to the growth of drone services
and requires mechanisms to ensure privacy protection, se-
curity and minimize noise nuisance.
The operator of a drone is responsible for its use, and mem-
ber states should make clear the applicable liability and third-
party insurance regime. cUNMANNED SYSTEMS
U.K.-based Sky-Futures
is a leader in the growing
European commercial
unmanned-aircraft
services market.SKY-FUTURES