1 Drones – Heaven’s Above!The rules and risks of operating unmanned aerial vehicles Manchester Liability Society – 5 October 2016 Bruce Torrance Peter Forshaw Pilot in Command, Digital Aviation Partner, Weightmans LLP
2 Drones……?
3 Drones
4 Drones
5 Outline Uses & benefits RulesOperations - Myths & Reality – how they look & operate Risks Insurance considerations
6 Straw Poll Have you ever operated or had experience of a UAV?Do you understand drones and their uses? A ‘phase’ or the future? – do you anticipate the widespread use of drones in your neighbourhood in the next 5-10 years? Are you concerned about the present use, and future potential, of drones?
7 The Market “Global market for commercial applications of drone technology valued at over $127bn”
8 Industries Predicted value of drone powered solutions in key industries – global overview ($bn) Infrastructure Agriculture Transport Security Media & Entertainment Insurance Telecommunications Mining Total
9 Industries Telecommunications $6.3bn Mining $4.4bnMedia & Entertainment $8.8bn Security $10bn Transport $13bn Agriculture $32.4bn
10 Infrastructure Digital terrain models Survey of sites / 3D mappingIdentifying discrepancies to 1cm Crossing of site borders monitoring Investors monitoring of contractor engagement Positioning of steel Depth of pipelines Final work assessment Environmental impact Maintenance, monitoring & stocktaking Visualisation (e.g Balfour Beatty)
11 Agriculture Crop supervision Analysing soil and fieldsSeed and nutrient plantation Hyperspectral, multispectral or thermal imaging – e.g to assess lack of water, land quality Keeping plants alive in latter stages of development Crop spraying
12 Transport & WarehousingDeliveries of Parcels (Amazon $3-$8 Vs 10cents) Spare Parts – see Maersk savings of $3-9K per boat Google’s project Wing – using solar-powered drones in conjunction with mobile deliver receptacles Medical logistics – Flirty, NASA, Virginia Tech – see https://www.youtube.com/watch?v=y-rE14bezWc Warehousing – scanning, packaging
13 Security & Safety Highway, coastal and border surveillance e.g Channel Tunnel Smuggling monitoring Monitoring for wild animal trafficking poaching Autonomous sentinel duties Biometric based behaviour analysis Facial recognition (Zero Zero’s Hover Camera) Search and rescue/emergency services Safety inspections – e.g Easyjet
14 Media, Entertainment & LeisureAerial photography & filming Advertising / Promotions Special effects - pyrotechnics Entertainment – The drone racing league Theatre – Marionettes, Pixel screens Restaurants – e.g. Yo Sushi!
15 Insurance The main issues in insurance lie in increasing levels of fraud and damage from natural disasters. Risk monitoring Risk assessment Claims management and fraud prevention Surveys - Checking the initial state of property – no need for cherry pickers/cranes Speeding up of compensation/remedy = positive customer service – Aviva use of drones in flooding Prediction modelling / underwriting tool
16 Telecommuncations Maintenance Optimisation including white spotsRadio Towers Loss of service (LOS) Electromagnets visualisation Cell on wheels technology Facebook’s linked network initiative for rural and deprived areas.
17 Mining The mining industry is one of the sectors where drone usage has untapped potential to deliver significant value for businesses Planning in open cast mines Area mapping to optimise hauling routes Monitor potential storm damage Monitor surface stability Track changes in vegetation that may make a mine unstable Early detection of deviations and threats
18 Legislation & RegulationsIs there governing legislation? What is the legislation Who enforces the legislation?
19 Rule example 1
20 Rule example 2
21 Rule example 3
22 Rule example 4
23 Rule example 5
24 Additional regulation provisionsThe relevant law is contained in the Air Navigation Order, paragraphs 166 & 167 You must not fly within 2 miles of the runway of a major airport Must not fly higher that 400ft (120m) above ground level, further than 500m or out of sight Must not fly within 150m of, or over, a congested area, or a crowd of 1,000 people or more
25 Commercial Operation In order to operate commercially a PFAW- Permission For Aerial Works (now changed to PFCO – Permission For Commercial Operations) is required from CAA Examinations both theory and practical must be completed Appropriate aviation insurance is required Operation Manual procedure to be followed Safety is paramount Flight records must be documented Ongoing renewal every 12 months
26 Flight operations Before Flight:Pre flight survey – can the UAV be flown at the location safely ? On site survey – can the UAV be flown at the location safely ? Local ATC – They are to be informed before and on completion of flight Safety procedures – Signs, cones, fire extinguishers Etc. as per Ops manual Ongoing: Looking for possible problems…..Public, vehicles, birds, trees, aircraft Etc. Weather Conditions – UK weather is changeable!
27 Operating FAQs Can you fly in the rain or in wind ?Can you fly over other persons property ? How fast can a drone travel ? How high can a drone fly ? How long can a drone fly for ? How heavy is a drone ? Have you ever crashed a drone ?
28 Risks “Toddler's eyeball sliced in half by drone propeller”November 2015 “Drone injury grounds Enrique Iglesias for longer than expected” June 2015 “Newquay Airport drone incident: Passenger plane carrying 62 people involved in near-miss with airborne device” April 2016 “London woman dies in possibly the first drone-related accidental death” August 2016
29 Risks Personal injury – operator and third partiesProperty damage/loss/theft/interception – first and third party Product liability – malfunction, recall Cyber attack – disablement and data protection Privacy Nuisance - private and public - trespass
30 Sanctions & implicationsFine – CAA, Information Commissioner Imprisonment Damages – PI claims, property damage Policy pay out Recall process Brand and reputation
31 Underwriting considerationsAwareness of drone existence? Disclosure Awareness of intended uses? Commercial vs hobbyist? Which policy – commercial / household? Exclude? Type of drone – different risks weight attachments e.g camera power storage capacity hired in equipment weather What types of cover – PL, cyber, product
32 Further underwriting considerationsBlanket exclusion? Financial restrictions Geographic restrictions – flight coverage, jurisdiction Restricted In-Training/assessment cover? Restrictions on weight – of drone, carriage Use restrictions Conditions – testing, CAA compliance, operator manual compliance Multi-pilot? Single?
33 The Future? ‘Pie in the Sky’?Modern Transport Bill – “Legislation that will put the UK at the forefront of safe technology in the autonomous vehicles industry, such as drones, and spaceplanes…paving the way for commercial spaceflight and drone operations in the UK.” Advances in technology – necessary & inevitable Compulsory drone registration? Traceable flight paths? Personal use increase? Mandatory insurance? Amazon Prime Air – the beginning of legislative relaxation?
34 Amazon Prime
35 And finally A ‘phase’ or the future? – do you anticipate the widespread use of drones in your neighbourhood in the next 5-10 years? Are you concerned about the present use, and future potential, of drones? Any questions?