Aviation law expert, UAV operators comment on proposed U.S. drone regulations

Fri, Feb 27th 2015, 12:27 AM

A leading proponent of an international aircraft registry for The Bahamas and the best-known Bahamian UAV (unmanned aerial vehicles) photography and videography company joined voices today, praising Bahamian authorities following the announcement that proposed regulations would be submitted by the end of the month governing the use of recreational and commercial drones.

Llewellyn Boyer-Cartwright, former commercial pilot and a partner at Callenders & Co. law firm specializing in aviation law, and the owners of Sky High Media agreed that the announcement by Minister of Transportation and Aviation Glenys Hanna-Martin that guidelines for the operation of drones would be submitted by the end of March was welcome news.

At the same time, the three lauded United States (U.S.) authorities following the announcement of a few days earlier that the FAA would regulate the operation of drones in that country and suggesting that most of the proposed new rules would suit Bahamian air space.

"The growth of non-military uses for camera- and video-equipped unmanned aerial vehicles, or UAVs, has been so fast that the law is just catching up with it in this hemisphere though Australia has had rules governing drones since 2002. The news that there will be rules governing their use in The Bahamas and in the U.S. is certainly welcome," said Boyer-Cartwright.

"There is no question that UAVs, or drones as they are commonly called, have changed our way of viewing everything from real estate listings to security surveillance. They are used for important missions, monitoring forest fires and assisting firefighters. No one wants to return to a pre-drone era but just to ensure that there are proper rules governing their operation and they are taken seriously for what they are which is literally remotely controlled small aircraft."

According to Boyer-Cartwright, while most drones are relatively small and would appear to be no match for large commercial aircraft, recognising the damage a flock of birds can do even to a jet the size of a Boeing 747 is a wake-up call for what could occur with dozens of UAVs occupying the same airspace as commercial or general aviation aircraft. The call for regulations heated up after pilots in the U.S. and elsewhere began reporting increased sightings of UAVs. Several have cited calls that were too close for comfort. Meantime, the popularity of drones continues to climb as more uses for camera and video-equipped UAVs are discovered.

"It started out as military equipment," said Boyer-Cartwright, "then became a hobbyist's new toy, remote control miniature aircraft that you could fly around your front yard or in a park. Now, UAVs are being employed by real estate firms to show aerials of listings, by developers, farmers, and a variety of government agencies -- police, firefighters, surveyors, agents inspecting water districts. While UAVs are important new tools in fighting forest fires or searching an area for missing persons, there are concerns about safety and privacy and it's important to get a handle on both as the industry continues to expand."

FedEx and Amazon have both said they will experiment with package delivery by drone and there have been hints of drone pizza delivery. A restaurant in Singapore is currently conducting a pilot project for delivering food and beverage to customers.

Under the proposed regulations that apply to drones 55 pounds or less, operators would have to be licensed, stay under 500 feet and remain five miles from the nearest airport and within line of sight. UAV operators will also be required to be mindful of meteorological conditions and exercise extreme care in operating in populated areas. The FAA stresses that UAVs must not be operated in a "careless and reckless manner so as to endanger others."

"All of those regulations make perfectly good sense and we believe they would equally apply in The Bahamas, though in New Providence because of the airport's proximity to the city, it may be possible to amend the 5-mile limit to, say, three miles as there are all sorts of national interests that could be monitored from the air so long as air traffic controllers were informed and gave approval," said Lance Knowles, who along with George Mosko, owns Sky High Media.

The two-year-old company has invested hundreds of thousands in high tech camera and video-equipped UAVs and has been hired to shoot everything from multimillion mansions for real estate firms to movie scenes for Hollywood, California film studios. Much of their work is for governments.

"It's not rocket science," continued Knowles, who believes common sense makes the most sense. "Don't fly at altitudes or in areas that can pose a hazard with private and commercial air traffic. Don't fly over sites like the port, a power plant, or government buildings without prior permission. and don't invade anyone's privacy."

He said the company was also pleased to see that initial talk of requiring UAV operators to be fully licensed pilots had been dropped by US authorities in favour of a knowledge exam and rigorous paperwork for commercial operators.

"We want people to appreciate the value of the service," he said, "and to respect what it takes to operate safely and with consideration for the rule of law, best practices and good governance in the air."

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