Inside GNSS Media & Research

JUL-AUG 2019

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44 Inside GNSS J U L Y / A U G U S T 2 0 1 9 All "UAS operators whose operation may present a risk to safety, security, privacy and protection of persona l data or environment" are subject to registration. UAS operators have to register themselves—not the drone as such—when operating a UAV that weighs at least 250 grams or fl ies so fast that the kinetic impact energy exceeds 80 joules, or which is equipped with sensors able to capture data unless it complies with Directive 2009/48/EC on the safety of toys. The directive generally considers toys as products "designed or intended, whether or not exclusively, for use in play by children under 14 years of age." Accordingly, any professional UAS operator will have to undergo regis- tration and display its registration number on every drone of its f leet. In case the UAS operator is a legal per- son, the principal place of business is the state of registration. Otherwise, the place of residence is decisive for determining the state of registr y. A UAS operator can only be registered in one state at a time. Only drones that must be certified receive an indi- vidual registration mark in line with ICAO requirements. The Implementing Regulation also determines a minimum age for remote pilots of 16 years, while class C0 drones that are toys according to the Directive, privately built drones of MTOM less than 250 grams and drones operated under supervision of a remote pilot aged 16 years and above may be operated without age limit. Applying the risk- based approach, member states are fur- ther allowed to lower the age limit by up to four years in the "open" category and up to two years for the "specifi c" catego- ry, in which case the operation of such lower-aged remote pilots is restricted to that member states' territory. is con- cession to greater fl exibility for member states may somewhat contravene the intended harmonization. Commission Delegated Regulation e Commission Delegated Regulation and its Annex are particularly relevant for manufacturers, importers and dis- tributors of UAS who wish to introduce them onto the EU market. It lays down the requirements for UAS design and manufacturing. is includes confor- mity assessment with CE markings but also the detailed characteristics of the five classes of UAS subject to the open category, as addressed in the Regulation's Annex. An unmanned aircra introduced onto the EU mar- ket will have to be labeled according to its class requirements. e Annex also provides important information for professional operators and remote pilots about the drone characteristics, which are an important element for determining the boundaries for opera- tion and thus the subcategory subject to the Implementing Regulation. Commercial Operations and Drone Pilots The Implementing Regulation holds the most relevant provisions for drone operators and remote pilots. While the class of a UAS has to be determined by the manufacturer, here the relevance of the Delegated Regulation mainly lies in referencing the exact technical details and characteristics of a drone class when determining operational requirements. Although defi nitions of key terms are spread out, the various Regulations, and their coherence, is preserved: "UA" means any aircra operating or designed to operate autonomously or to be piloted remotely without a pilot on board; "UAS" means an unmanned aircra and the equipment to control it remotely; "UAS OPERATOR" means any legal or natural person operating or intending to operate one or more UAS. According to recita l (20) of t he Implementing Regulation, "UAS oper- ators and remote pilots should ensure that they are adequately informed about applicable Union and national rules relating to the intended opera- tions, in particular with regard to safe- "OPEN," "SPECIFIC" AND "CERTIFIED" CATEGORIES WILL DEFINE UAS OPERATIONS, DEPENDING ON OPERATIONAL RISK. UAS & THE LAW Drone Classifi cation Pictograms A sample of the required pictogram for drone classifi cation, which needs to appear on the drone itself. This label shows that the drone may be used in the "open" category and, depending on the class number, also helps to determine the subcategory it may be operated under.

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