Aviation industry bodies have spoken out against new regulations for operating small remotely-piloted aircraft (RPA - drones) that come into effect today.
The new regulations would enable drone operators to fly certain missions without involvement from CASA, which has sectors of the aviation industry concerned about safety.
The Australian Federation of Air Pilots (AFAP), Civil Air Australia and Australian Certified UAV Operators (ACUO), with the assistance of Maurice Blackburn Lawyers, are considering a High Court appeal if the relaxed regulations are not disallowed by Parliament at its next sitting.
“There is a growing problem of rogue drones violating controlled airspace at primary airports," said AFAP president Captain David Booth.
"In the last month alone we have had at least two instances of drones being on approach paths to runways in Sydney. I personally have flown in airspace that has been violated by drones during the last 12 months.
“In one incident a drone was sighted at 12,000 feet north of Sydney, which led to the broadcast of a hazard alert by ATC and deviation off the planned flight path. Another pilot I know had a near miss with a drone at 1000 feet at the Gold Coast airport. How many other events have occurred that we don’t know about?”
Under the new rules, commercially-operated drones can be flown by non-certified operators subject to the following restrictions:
- No certificate or licence required if the drone weight is less than 2 kg
- Flight by day in line-of-sight only
- No flight within 30 metre of people
- No flight above 120 metres (393 feet)
- No flying within 5.5 km of a controlled airport
- No flying over populous areas such as beaches, parks and sporting ovals.
According to CASA, the new laws are designed to lift the regulatory burden from drone operators, who would otherwise have to pay about $1400 in fees and develop operating manuals and other documents.
But according to insurer QBE, under the new regulations, commercial drone operators may not have any insurance cover.
Specialist aviation underwriter Simon Hooper said the move presented an exciting opportunity for businesses across the country, but warned that most businesses weren’t aware of the implications should something go awry.
“We’re expecting to see a steep rise in the number of RPAs in use as businesses realise the potential of using them," he said, "but there is a worrying lack of understanding that there are still major risks associated with drones."
Should something go wrong, Hooper said that strict liability would be imposed, meaning operators can be personally held responsible for any injury or damage caused, irrespective of whether there is negligence or intent.
"Given many operators won’t have had extensive training, if any, this presents a genuine risk, which could leave operators exposed. The cost associated with an injury or property damage could go into the millions – in the worst case, they could lose everything."
CASA has defended the new regulations, stating that the requirement to comply with the new restrictions would protect public safety.
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