Transport Canada proposes amendments to sUAV regulations

image: Matt Chamberlain.

On May 28^th, Transport Canada released a Notice of Proposed Amendment (NPA) outlining proposed changes to the regulatory framework governing small UAVs. If adopted, the changes would take effect in 2016. The deadline to submit comments is August 28^th.

Minimizing the Application of SFOCs

Transport Canada proposes to establish regulatory requirements for UAVs weighing 25kgs or less (sUAVs) that are operated within visual line-of-sight (VLOS). Operators using sUAVS within VLOS that would be able to meet the regulatory requirements would be permitted to operate without having to obtain Special Flight Operation Certificates (SFOCs). Operators using UAVs weighing more than 25kgs and/or those seeking to operate beyond VLOS would continue to use the SFOC process.

Establishing Risk-Based Categories of Operations

Transport Canada proposes three categories of operations involving sUAVs that are flown within VLOS: Complex Operations, Simple Operations and Operations Involving Very Small UAVs.

Under each of the three categories, operators that meet certain criteria would need to register with Transport Canada and obtain an Operator Certificate by demonstrating that they have an “adequate management structure and can conduct a safe operation”. The criteria being considered includes:

• The number of employees;
• Companies that retain persons in commercial UAV enterprises; and/or
• Companies seeking to operate across multiple regions and/or using a large number or multiple types of UAVs

Such operators would have to meet certain requirements for flight operations, documentation, flight time and duty time limitations, emergency equipment, maintenance requirements, training programs and operations manuals.

1. Complex Operations

This category would establish rules for operating around built-up areas and close to aerodromes. Because of the increased risk associated with such operations, this category would establish the most stringent requirements.

Specific requirements include:

• Aircraft marking and registration;
• Pilot permit (criteria includes: age restrictions, medical fitness, knowledge requirements, passing a Transport Canada written exam, practical training on the type of UAV to be flown and demonstrating competency in performing normal and emergency procedures); and
• Manufacturer declaration that the UAV meets a design standard

Transport Canada proposes to establish operating rules for this category including:

• Not operating within Class A or B airspace;
• Not operating within Class F Restricted airspace without permission;
• Restricting a single pilot from operating more than one UAV at the same time;
• Prohibiting visual observers from being situated in moving vehicles;
• Maintaining a minimum lateral distance from people, animals, buildings and vehicles (specific distances have not been proposed); and
• Operating at a maximum altitude of 400 feet AGL

2. Limited Operations

This category would apply to operations taking place in remote areas, for example, agricultural operations and rural aerial surveys. This category would mandate specific operating distances from built-up areas and aerodromes.

Specific requirements include:

• Aircraft marking and registration;
• Basic knowledge test; and
• Manufacturer declaration that the UAV meets a design standard

NOT required:

• Pilot permit

The operating rules for this category would include:

• Operating only during the daytime;
• Maintaining a maximum speed of 87 knots;
• Not entering in Class C, D, E or F airspace;
• Staying a certain distance away from aerodromes (proposal considers 9km and 20 km);
• Staying at least 9 km from built-up areas; and
• Operating at a maximum altitude of 300 feet AGL

3. Operations with Very Small UAVs

Transport Canada is seeking comments on whether it should incorporate a category that would establish less restrictive rules for very small UAVs, and whether the category should be based on weight or an alternative approach i.e. kinetic energy. Although the proposal does not specify the weight limitation that would be applied to this category, it references the 2kg exemption that was issued last November.

As an alternative for classifying very small UAVs, Transport Canada proposes using a table that assesses maximum weight and airspeed to determine the lethality. Another option considered is to create a low energy category for UAVs that would not impart energy over a certain threshold on impact.

Specific requirements include:

• Aircraft identification (pilot name and contact marked on UAV); and
• Basic knowledge test

NOT required:

• Aircraft marking and registration;
• Pilot permit;
• Medical certificate; and
• Manufacturer declaration that the UAV meets a design standard

The proposed operating and flight rules for this category include:

• Operating only during the daytime;
• Not entering in Class C, D, E or F airspace;
• Staying at least 9 km from aerodromes; and
• Operating at a maximum altitude of 300 feet AGL

If you would like to submit a comment to Transport Canada, you may send your comment to carrac@tc.gc.ca by August 28^th.

Diana Marina Cooper is Vice President of Legal and Policy Affairs at PrecisionHawk.

Diana Marina Cooper is Vice President of Legal and Policy Affairs at PrecisionHawk.