Human history is an ongoing record of reaching for the sky, literally and figuratively. From the legend of Icarus, to Leonardo Da Vinci’s design of the ornithopter, to the pioneering success of the Wright brothers, there are countless aspirations and achievements which relate to the aviation experience. In the modern era, perhaps the most obvious example of continued innovation and advancement in this space is the rapid growth of the drone industry.
To a consumer, a drone is a flying robot, much more functional than a model plane, that might one day be delivering takeaway food to your door (see here for a trial on food delivery recently conducted in the ACT).
To a lawyer or a regulator, a drone is a hovering compliance nightmare, requiring consideration of a vast swathe of legal areas, including:
Australian aviation safety is regulated by the Civil Aviation Safety Authority (CASA). Under the Civil Aviation Act 1988 (the Act), CASA is responsible for licensing pilots, registering aircraft, and overseeing a safe airspace.
According to CASA, Australia became the first country to regulate remotely piloted aircraft (RPAs), when Part 101 of the Civil Aviation Safety Regulations 1988 (the Regulations) commenced in 2002. Under the Regulations, an RPA is any aircraft which is piloted remotely, aside from a balloon or a kite.
Responding to the rise in the use of drones, an amendment to Part 101 of the Regulations was introduced in 2016, commencing later that year on 29 September. Key outcomes of the amendment included:
Various safety concerns have been raised about the use of drones since the amendments were implemented, leading then Minister for Infrastructure and Transport, the Hon Darren Chester MP, to announce a review of aviation safety regulation in October 2016.
The terms of reference for the review were released on 15 June 2017. CASA was tasked with reviewing its approaches to the regulation of RPA operations, to ensure their consistency with the primacy of air safety, and with particular reference to the:
As part of its review, CASA published a discussion paper in August 2017, seeking community and industry perspectives. The key findings from the discussion paper were:
In May 2018, CASA released its Review of Aviation Safety Regulation of Remotely Piloted Aircraft (the Report). The Report recommends various safety initiatives, with the key findings including that CASA should:
The proposed changes to the registration system are particularly significant, since this would create a significantly higher regulatory requirement on drone operation, likely removing the current exclusion where a small drone can be unlicensed if operated in SOCs. CASA has suggested that the registration and renewal process should be simple to use, but would require an operator to be over the age of 18 and to provide identity verification.
The potential registration system is based on drone laws in place in other countries. For example, in the US, there are two systems for registration, depending on whether the drone will be used solely for recreation or for recreation/commercial use. Both systems require the drone to be registered where it is greater than 0.55 pounds (approximately 250g) in weight. Registration is valid for three years. Many drone suppliers indicate whether or not a drone would need to be registered under these rules if purchased; if the planned amendments occur, this may become the new norm in Australia as well.
Civil aviation and drone safety are currently being examined by the Commonwealth Senate Rural and Regional Affairs and Transport Committee. CASA will make its final decisions on regulatory change once the outcome of this inquiry is published. CASA plans to complete its 'roadmap' by the end of 2018, meaning there is likely to be regulatory change to drone operation in the not-too-distant future.
School Governance has written about drones in the past, giving a practical roundup on what schools should know about their usage and operation, including how they could be employed in classroom learning and as part of recreational activities, and the regulatory limitations. While this practical guidance continues to apply, and many recreational use drones will fall under the 250g threshold recommended by CASA, schools should ensure they are across any additional registration requirements created for RPAs. This means understanding the full spectrum of drone compliance, including under privacy, workplace safety and student duty of care laws.
In particular, schools will need to consider the impact of:
The sky really is the limit on the ways drones can be used practically and recreationally, but it is important for schools to use these innovative technologies safely and in compliance with all applicable laws, lest they fly too close to the sun.