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Feature
Update 2017/9/15
Unmanned Aerial Vehicles
STAYING AHEAD OF THE UAV WAVE, DAVID COOKE BREAKS DOWN INTERIM ORDER NO. 8
By Cori Marshall
This story is brought to you in part by SunWind Solar
The technology for unmanned aerial vehicles (UAVs), is evolving rapidly. Global Market Analysis data published by Tractica in July 2016 entitled Consumer Drones, shows the firm expected worldwide consumer drone sales "reaching a market value of $5 billion by the end of 2021," up from $1.9 billion in 2015.
Over that same 2015 to 2021-time frame, unit shipments will increase by ten times from 6.4 million to 67.7 million units.
How are government regulations staying ahead of the wave of innovation and keeping citizens safe, and what regulations are in place here in Canada to oversee not only the growing numbers recreational UAV operators, professionals as well?
The answer to that question is that in Canada we exist in a legal grey zone. This past June Transport Canada put in place Interim Order No. 8 Respecting the Use of Model Aircraft as a set of temporary rules while the government department conducts public consultations to adopt a permanent set of regulations.
The order prohibits the operation of a UAV at altitudes greater than 300 feet, within a controlled or restricted airspace, over police or emergency operation sites, over or within an open-air assembly of persons, at night, or in a cloud. The temporary guidelines for drone operation in Canada appear to be a vague collection to cover eventualities over a wide range of areas.
We spoke with David Cooke, of CANDA - Cooke Inc., who operates UAVs professionally and could give us a better understanding of what Transport Canada (TC) is trying to do with the regulations and if they will accomplish that goal.
Cooke qualified the interim rules as "a temporary stop gap measure so that Transport Canada [is covered]," if something does go wrong. Cooke underlined that this just outlines what is "against the rules, not against aviation regulations because there aren't any." what this really amounts to is if someone were to get injured because of a UAV "Transport Canada can say we said don't do that."
Failure to comply with the rules can result in fines ranging from $3 thousand to $25 thousand, as laid out in the temporary rules.
Cooke said, "that the biggest issue is how they have regulated [UAVs] by weight." Drones over 250 g and under 35 kg, flown for fun, do not need special permissions from TC. According to Cooke, a Special Flight Operations Certificate (SFOC) is needed when operating drones professionally for any “non-recreational work or research" purpose, for both small and large UAVs; this part of the rules goes back on the weight exemption.
He also felt that the height regulations were too restrictive and that there were times on professional projects that he could easily exceed the 90-m limit safely.
These rules may also be behind the technological curve. Cooke suggested companies like China's DJI whose technology surpasses what Canada has on paper, and would probably rather forego the Canadian market than comply. Cooke explained that in the software of these drones are "maps of every airport, and restricted airspace, [and] if you try to fly into one it will be taken over and it will land where it is," even if it's over water.
Cooke suggested that this situation is problematic, "we have no regulations and we can't get them fast enough because it's a long drawn out process to change regulations." TC and the Interim Order are in the public consultation phase.
He questions the quality of those consultations; his feeling is that this is an exercise in TC "saying that we listened to everybody, I don't think the consultation is actually going to accomplish much." Cooke suggests that the federal government will not "only listen to [TC]." They are listening to a group of companies that produce and operate UAVs called Unmanned Systems Canada.
This group is not representative of all companies in this sector, and membership in the group is $2,500 a year. Individuals may also join. Cooke explained that this group "have gotten themselves a seat at the table with TC, as Co-Chairs."
Some commercial manufacturers have a voice through Unmanned Systems Canada, "unless you are with them, and agree with what they are doing, you really don't have much of a say," Cooke said.
TC has produced temporary measures that seem too restrictive and don't necessarily regulate the areas of drone operation. There is a public consultation process where only some manufacturers and operators have a real voice. Going forward Cooke would like to see TC "regulate the operator, not the vehicle."
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