REPORT
Regulation of small unmanned aircraft
Issue
Concern has arisen in connection with the regulation of small unmanned aircraft (‘SUA’), or ‘drones’, which currently are able to be flown in Jersey airspace.
Small unmanned aircraft have been widely used in many countries since the 1990’s often for purposes in the public interest, such as firefighting, disaster relief, search and rescue, law enforcement, research and environmental monitoring, border patrol, military training and testing and evaluation.
The capabilities of SUA operations potentially range from ground level to above 50,000 feet, depending on the specific type of aircraft. However, SUA operations are ordinarily not authorised in airspace over urban areas and airspace close to the airport which contains the highest density of manned aircraft.
It is necessary in the interest of aviation safety to regulate the operation of SUA in circumstances in which they might interfere with civil aviation. In particular, the greatest risks are considered to arise from a possible mid-air collision with a manned aircraft or ground collision.
The existing requirements in Article 98 of the Air Navigation (Jersey) Order 2008 (“ANO 2008”) are as follows:
98 Regulation of small aircraft
(1) A person shall not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small aircraft so as to endanger persons or property.
[(2) The person in charge of a small aircraft which weighs more than 7kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight must not fly the aircraft unless –
(a) he has the permission of the DCA; and
(b) he acts in accordance with any conditions subject to which the permission was granted.]
The current restrictions on flying therefore only apply to SUA weighing more than 7 kilograms.
However, SUA with a mass less than 7 kilograms (‘light SUA’) are now widely available, to be bought readily over the counter or on the internet, and it is accordingly necessary to extend regulation to include the operation of such aircraft. The development of light SUA applications is a potentially significant area for economic development actively being considered in Jersey. The intention is therefore not to apply blanket prohibitions but to ensure that the future use of SUA can be managed in a safely regulated environment.
Light SUA are currently the subject of a review by the UK Civil Aviation Authority and may be included within a revised CAA regulatory policy at a later date.
The States have recently adopted a new Air Navigation (Jersey) Law 201- (“the ANJL”) which will, when it comes into force, introduce further restrictions, in particular Article 52 relating to the use of light SUA weighing less than 7 kg. Subject to Royal Assent, and the making of a further Order in Council to revoke the Air Navigation (Jersey) Order 2008, it is expected that the new Law should come into force early in 2015.
Nevertheless, it is considered that the matter of aviation safety is of such concern that measures equivalent to Article 52 of the ANJL should be introduced immediately by an Order made under the existing ANO 2008.
Proposal
For many years, recreational use of airspace by model aircraft has generally been limited to operations below 400 feet above ground level and away from aerodromes and air traffic. In principle, it has been proposed that the regulatory provisions that relate to model aircraft should be applied to light SUA.
Article 96 of the ANO 2008 empowers the Minister to make an Order to restrict flying for a number of reasons, including any reason affecting the public interest.
The proposed Order would be equivalent to the requirements to be introduced under the ANJL, as follows:
- a small unmanned aircraft may only be flown if the operator is reasonably satisfied that the flight can safely be made;
- the operator must maintain direct, unaided visual contact with the aircraft to monitor its flight path and to avoid collisions;
The operation of a small unmanned aircraft of 7 kilograms or less (a light SUA) does not require permission providing it is operated:
- at less than 400 feet,
- outside the designated aerodrome traffic zone,
- for non-commercial aerial work,
- more than 150 metres from any congested area or an open-air assembly of more than 1,000 people, and
- in general, more than 50 metres from any person, building, vehicle or structure.
In addition, small unmanned aircraft of more than 7 kilograms mass will require air traffic control permission anywhere in Jersey airspace.
These restrictions are consistent with those proposed as appropriate in other countries[1], and reflect the professional risk analysis and evidence from aviation expert research.
Recommendation
The Minister is recommended to approve a request for legislative drafting for an Order in pursuance of Article 96 of the ANO 2008 (Power to prohibit of restrict flying), for the reason that it is in the public interest to regulate the use of small unmanned aircraft in Jersey airspace.
External Relations
16 July 2014
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