Advisory Circular. General Safety Practices Model Aircraft and Unmanned Air Vehicle Systems

Transcription

1 Advisory Circular Subject: General Safety Practices Model Aircraft and Unmanned Air Vehicle Systems Issuing Office: Civil Aviation, Standards Document No.: AC File Classification No.: Z Issue No.: 02 RDIMS No.: Effective Date: TABLE OF CONTENTS 1.0 INTRODUCTION Purpose Terminology Applicability Description of Changes REFERENCES AND LEGAL REQUIREMENTS References Legal Requirements Cancelled Documents Definitions BACKGROUND MODEL AIRCRAFT General Interim Order respecting the use of Model Aircraft Additional Guidance on the Interim Order Penalties for Model Aircraft UNMANNED AIR VEHICLE (UAV) SYSTEMS General Penalties Relating to the Use of UAV Systems Reporting INFORMATION MANAGEMENT DOCUMENT HISTORY CONTACT OFFICE... 11

2 1.0 INTRODUCTION 1.1 Purpose (1) An Advisory Circular provides information and guidance with regards to a specific issue or law. In this case, it provides general guidance and safety practices for operators of model aircraft and unmanned air vehicle (UAV) systems. 1.2 Terminology (1) While media and manufacturers may use different terms when describing various types of remotely controlled aircraft, the aviation industry and its regulations currently use the terms model aircraft (which includes recreational drones) and UAV system (which includes nonrecreational drone). 1.3 Applicability This document applies to members of the public who own and operate a model aircraft for recreational purposes or a UAV system for any purpose. Refer to section 3 to determine the type of aircraft you are operating. 1.4 Description of Changes Not applicable. 2.0 REFERENCES AND LEGAL REQUIREMENTS 2.1 References (1) This Advisory Circular should be used in conjunction with the Interim Order Respecting the Use of Model Aircraft ( ), Advisory Circular on Exemptions and Conditions for Unmanned Air Vehicle Systems ( ) and the Staff Instruction on the Review and Processing of an Application for the Operation of an Unmanned Air Vehicle System ( html). 2.2 Legal Requirements (1) The aviation laws that govern the use of model aircraft and UAV systems operated in Canadian airspace are the: Aeronautics Act; Canadian Aviation Regulations; and Interim Order Respecting the Use of Model Aircraft. 2

3 (2) In addition, it is your responsibility, as a model aircraft or UAV operator, to comply with all other Canadian laws that might apply, such as the: (d) (e) (f) (g) (h) (j) (k) Canadian Transportation Accident Investigation and Safety Board Act; Charter of Rights and Freedoms, Criminal Code of Canada; Customs Act; Environmental Protection Act; National Parks Aircraft Access Regulations; Personal Information Protection and Electronic Document Act; Privacy Act; Radiocommunication Act; Transportation of Dangerous Goods Act; and Trespass Act. 2.3 Cancelled Documents (1) The publication of a new issue of an Advisory Circular on General Safety Practices for Model Aircraft and Unmanned Air Vehicles renders this document null and void. 2.4 Definitions The following definitions are used in this document: Model Aircraft means an aircraft with a total weight not exceeding 35 kg (77 lbs) that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. Maximum Take-off Weight means the weight of the aircraft at the time of the operation, including the weight of any payload (e.g. a camera) and fuel/batteries. Unmanned Air Vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator onboard. 3.0 BACKGROUND (1) Greater numbers of people in Canada are flying aircraft that, by design, are flown without a pilot on board and controlled through devices such as a remote control, tablet, smart phone, etc. (2) For everyone s safety, aviation is governed by a strict set of rules. (3) While model aircraft (recreational drones) and UAV systems (non-recreational drones) are legitimate airspace users, they must integrate into Canada s national airspace in a safe manner. This will ensure the safety of other airspace users and people and property on the ground. (4) To determine what type of aircraft you are operating, and, in-turn, the guidance that applies to you, use the definitions above and the information below: A model aircraft has no pilot onboard and is used by hobbyists for recreational purposes. This includes recreation use of drones. If your aircraft and planned operation meets this category refer to section 4.0 for more details, or 3

4 (ii) A UAV system is used for any non-recreational or commercial purpose and is controlled remotely, either directly or through onboard computers. This does not only include activities where one gets paid for their unmanned air vehicle services but means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded or if you receive any benefit, whether direct or indirect, for one s self or one s business. This includes the use of a done for any non-recreational purpose. If your aircraft and operation meets this category, refer to section 5.0 for more information. 4.0 MODEL AIRCRAFT 4.1. General (1) Model aircraft are excluded from the vast majority of Canadian Aviation Regulations (CARs) that are applied to other aircraft. However, as stated above there is an Interim Order that governs the use of model aircraft (often referred to as recreational drones). Section 4.2 below provides additional information and guidance on the Interim Order and the conditions therein as well as for the safe operation of your model aircraft (2) Larger remotely controlled aircraft with a maximum take-off weight of over 35 kg (77 lbs), no longer fall within the definition of model aircraft and as such require the operator to apply for a special flight operations certificate (SFOC) to operate ( ) as described in section 5.0 below. (3) If your aircraft has a maximum take-off weight of less than 35 kg (77 lbs) and is used for purposes other than recreation, it is also not considered a model aircraft. It is a UAV system and again is subject to section 5.0 and requires an SFOC. (4) You can only use a model aircraft for recreational purposes only (e.g. hobby and personal enjoyment). If you are using it for other purposes (i.e. flight training, inspection or academia purposes, etc.), section 5.0 below is applicable as is the requirement for an SFOC.( ) (5) The Model Aeronautics Association of Canada (MAAC) represents over 12,000 members and is the preeminent national body for model aviation in Canada. MAAC supports and promotes recreational and competitive model flying, both locally and internationally and works with all levels of government. 4.2 Interim Order respecting the use of Model Aircraft (1) The Interim Order applies to any model aircraft (recreational drone) having a total weight of more than 250 grams (0.55 pounds) but not more than 35 Kg (77.2 pounds). (2) It is important to note that the Interim Order does not apply to anyone operating an unmanned air vehicle (UAV) (non-recreational drone). Additionally the Interim Order does not apply to model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club. (3) The provisions of the Interim Order are mandatory for anyone operating a model aircraft (or recreational drone) except those operations stated above conducted under MAAC. The provisions of the Interim Order are provided below: 4

5 No person shall operate a model aircraft (ii) (iii) (iv) (v) (vi) (vii) at an altitude greater than 300 feet above ground level (AGL); within controlled airspace; within restricted airspace; over or within the security perimeter of a police or first responder emergency operation site; over or within an open-air assembly of persons; at night; or in cloud. No person shall operate more than one model aircraft at a time No person shall operate a model aircraft having a total weight of more 250 g (0.55 pounds) but not more than 1 kg (2.2 pounds) at a lateral distance of less 100 feet (30 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft. (d) (e) (f) (g) (h) No person shall operate a model aircraft having a total weight of more 1 kg (2.2 pounds) but not more than 35 kg (77.2 pounds) at a lateral distance of less 250 feet (75 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft. No person shall operate a model aircraft (ii) (iii) within 3 nautical miles (5.5 km) of the centre of an aerodrome, except a heliport or an aerodrome that is used exclusively by helicopters; within 1 nautical mile (1.8 km) of a heliport or an aerodrome that is used exclusively by helicopters; or inside an aerodrome control zone. No person shall operate a model aircraft (ii) Right of Way over or within an area of natural hazard or disaster; or any area that is located within 9 km of an area of natural hazard or disaster. A person operating a model aircraft must give way to manned aircraft at all times. Visual Line-of-Sight A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight. (ii) No person shall operate a model aircraft at a lateral distance of more than 1640 feet (500 m) from that person s location. Contact Information The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner are clearly made visible on the aircraft 5

6 4.3 Additional Guidance on the Interim Order (1) Why does the Interim Order limit the altitude to 300 ft. AGL? 300 feet AGL corresponds to the altitude at which obstacles are required to be lit and marked in accordance with the CARs. Operators of manned aircraft understand that below these altitudes, additional objects are present that may be difficult to see. It must be understood that at all times it is the model aircraft pilot s responsibility to avoid other aircraft. It is up to the model aircraft pilot to ensure they have an effective method for ensuring they do not operate above 300 feet, such as a barometric altimeter or GNSS based altitude system. Comparing the altitude of the UAV to surrounding buildings or structure could also be effective, provided that the height of those objects is known. The model aircraft must remain at a lateral distance of either; more than 100 feet (30 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft if it has a total weight of more than 250 g (0.55 pounds) but not more than 1 kg (2.2 pounds); or more than 250 feet (75 m) from vehicles, vessels or the public, including spectators, bystanders or any person not associated with the operation of the aircraft if it has a total weight of more 1 kg (2.2 pounds) but not more than 35 kg (77.2 pounds). This condition provides protection to person on the ground that are not part of the operation or have not accepted the risk of the model aircraft operating in close proximity. It permits the use of the model aircraft closer than 250 feet from people provided those people are associated with the operation, have been briefed on the risks and have accepted the risk associated with the operation. (2) Why do I have to stay 3nm (5.5km)from the centre of an aerodrome 1nm (1.8km)from a heliport or an aerodrome that is used exclusively by helicopters As the knowledge, experience and skill levels of many of the model aircraft (recreational drone) pilots may not meet manned aviation standards and model aircraft (recreational drones) are not required to meet any reliability standards or mandatory equipment requirements, operations are limited to beyond 3nm (5.5km) of an aerodrome or 1nm (1.8km) from a heliport. Additionally fly-aways can be regular occurrences for model aircraft (recreational drone) operators and this causes an increased risk to manned aviation. Incidents of near misses between manned aircraft and model aircraft/uav have increased dramatically over the past three (3) years. As model aircraft (recreational drones) cannot integrate into the flow of aircraft arriving and departing at an aerodrome, they can pose an increased risk to other airspace users in the aerodrome environment. Any airport or seaplane base is considered an aerodrome. There are several tools that can be used to identify where aerodromes are located including aviation maps, the Canada Flight Supplement (CFS), the Water Aerodrome Supplement (WAS) and potentially some on-line tools (provided they are kept up to date with valid data) The National Research Council UAV Site Selection Tool is one such on-line tool. Any airspace viewer not using current and valid NAV CANADA or Transport Canada data must be cross-checked with official information. Although some model aircraft systems have geofencing functions provided on board, it must be understood that it remains the pilot s responsibility to ensure the aircraft is only operated in appropriate areas. As none of these systems meet any certification or reliability standards, use of geofencing technology must be supplemented by other means to ensure compliance. Caution should also be taken when utilizing geo-fencing tools to ensure that such tools do not restrict the operation of the aircraft (i.e. if the 6

7 aircraft had to maneuver clear of an area to give way to or avoid a manned aircraft, the geo-fencing should not prevent such an action) (3) The model aircraft shall not be used within controlled airspace (d) (e) (f) (g) As these aircraft do not meet any mandatory communication, navigation, surveillance/air traffic management (CNS/ATM) equipment requirements, operations are limited to uncontrolled airspace (also referred to as Class G). This equates to airspace in which no air traffic control service is provided to pilots. Additionally, operations under this Interim Order would be restricted from transponder airspace, restricted airspace, control zones, controlled airspace and areas with higher volumes of manned aviation where model aircraft (recreational drone) operations pose a greater risk to other airspace users. There are seven classes of airspace in Canada, each designated by a letter (A through G) and they are detailed below. The class of airspace can be determined through several sources including the Canada Flight Supplement, the Aeronautical Information Manual (AIM) (TP14371E) and various VFR and IFR maps/charts. A variety of online airspace viewers are also available. However, these viewers may use data that is unreliable, invalid or out-of-date and as such this data must be cross-checked with official sources such as aeronautical charts or the designated airspace handbook. Any official airspace viewer would use data from approved NAV CANADA or Transport Canada sources In general terms only, Class A airspace is controlled airspace and exists exclusively between flight level 180 and flight level 600 (this equates to approximately 18,000 ft to 60,000 ft above sea level (ASL)). Class B airspace is any controlled airspace between 12,500 ft ASL up to 18,000 ft ASL. Occasionally, Class B airspace exists in other locations (control zones and associated terminal control areas), although this is unusual. Class C airspace is controlled airspace and includes control zones (CZ) around large airports. These areas usually have a 7-10 nautical mile radius up to a height of 3,000 ft above aerodrome elevation (AAE). Class D airspace is controlled airspace and may include areas around smaller aerodromes that have a five (5) nautical mile radius and a height of 3,000 ft AAE. Aerodromes with less busy airspace may have only a three (3) nautical mile radius control zone. Class E airspace is controlled airspace used for low-level flight routes and for aerodromes that need controlled airspace but do not meet the requirements for Classes A, B, C or D. Air Traffic Control (ATC) is available for aircraft operating under instrument flight rules only. Class F airspace is special use airspace. For entry into restricted Class F airspace, specific permission is required from the controlling authority or user agency. Note: You may refer to the Designated Airspace Handbook (TP1820E) for specific dimensions and further information on Class F areas. (h) Class G airspace. Any airspace that is not designated, as described above, is classified as Class G airspace. Glass G airspace is uncontrolled airspace, however, it is still regulated airspace. For some controlled aerodromes, the control zone extends beyond 9km (five (5) nautical miles) from the centre of the aerodrome, as is the case with Canada s major controlled 7

8 airports. Therefore the larger of the two distances of distance from an aerodrome or not within controlled airspace would apply. (4) The model aircraft shall not be operated within restricted airspace The Minister may prohibit or restrict the operation of any aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions. This type of restricted airspace is implemented where a prohibition or restriction is necessary for aviation safety or security or the protection of the public. Examples of such airspace restrictions could include air weapons ranges, security operations such as a G8/G20 Conference, major sporting events (e.g. an Olympic event), or an active police situation. NOTAMs are issued whenever temporary restricted airspace is established. Areas of permanent restricted airspace can be found in the Designated Airspace Handbook (TP1820E). ( or on various aviation maps and charts. Prior to the flight, model aircraft (recreational drone) pilots are expected to ensure there are no airspace restrictions in place for the area in which they plan on operating. (5) No model aircraft shall operate over or within an area of natural hazard or disaster; or any area that is located within 5nm (9 km) of an area of natural hazard or disaster. Operations in and around natural hazard or disaster areas are of an extremely high risk nature with many types of both fixed wing and rotary wing manned aircraft operating at very low altitudes. Introducing model aircraft (recreational drones) into this airspace would add an unacceptable level of risk to manned aircraft operations. A definition of such an area is included earlier in the AC. Forest fire areas are restricted pursuant to section of the Canadian Aviation Regulations through the NOTAM system and model aircraft (recreational drone) pilots are expected to review applicable NOTAMs as part of their pre-flight planning. As forest fires are unpredictable, a restriction of 5nm (9 km) is included from the fire area for all aircraft, including model aircraft (recreational drones). (6) No model aircraft shall operate over or within the security perimeter of a police or first responder emergency operation site Due to the urgent and hazardous nature of these operations and the increased risk to first responders model aircraft (recreational drones) are not permitted within the perimeter of these areas. (7) No model aircraft shall operate over or within an open-air assembly of persons For numerous reasons, including the lack of reliability, no design standards and the potential for fly-aways or mechanical failures, the potential hazard of model aircraft (recreational drones) being flown near or over the general public and large crowds of people is significant. As such these operations are prohibited. (8) No model aircraft shall operate at night Allowing aircraft to be flown outside daylight hours requires specified procedures and aircraft lighting that meets particular standards and results in a more complex operation. Where model aircraft (recreational drones) are equipped with lights, the ability of the pilot to control the aircraft at night using only the onboard lights can be increasingly difficult. Additionally, the ability for the model aircraft (recreational drone) pilot to judge lateral distances and avoid midair collisions or impacts with unlit objects can be significantly higher than during daylight operations. (9) No model aircraft shall operate in cloud 8

9 As these model aircraft (recreational drones) do not meet any mandatory communication, navigation, surveillance/air traffic management (CNS/ATM) equipment requirements, operations in cloud are prohibited due to the high level of risk they presented to manned aviation. (10) A person must not operate more than one model aircraft at a time No research has been conducted to determine the increased risk of a single operator controlling more than one model aircraft (recreational drone) in either normal or emergency situations. The ability to conduct the sense and avoid function, visually observe the aircraft and deconflict it from other air traffic would be greatly reduced where more than one UAV is operated, thereby increasing the risk to other airspace users. Additionally, should one of the model aircraft have a system failure or emergency requiring the full attention of the pilot how would the other aircraft be operated safely? (11) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight The Interim Order limits operations to within visual line-of-sight. This means that the pilot must keep the model aircraft (recreational drone) within eyesight at all times, maintain continuous unaided visual contact with the aircraft sufficient to be able to maintain operational control of the UAV, know its location and be able to scan the airspace in which it is operating to decisively see and avoid other air traffic or objects. Vision enhancing devices such as binoculars, night visual goggles, powered vision magnifying devices and goggles are not considered unaided visual contact, and using them as the only means of traffic separation and collision avoidance are therefore not permitted by Transport Canada due to the limitations of such systems for traffic separation and collision avoidance. If someone were to operate a model aircraft with a First Person View (FPV) device, as the pilot could no longer safely perform the sense and avoid function, Transport Canada would strongly recommend using a visual observer to provide the separation and collision avoidance functions. The Model Aeronautics Association of Canada (MAAC) also has guidance published regarding the safe use of FPV. In determining the range that will ensure the model aircraft can be seen, consideration must be given to the pilot s capabilities, the meteorological conditions, the size and conspicuity of the aircraft and any other relevant factors. In any case, the range cannot be further than ¼ mile away from the pilot as specified in the provision below. (12) No person shall operate a model aircraft when the aircraft is at a lateral distance of more than 1640 feet (500 m) from the person s location The pilot must maintain visual line-of-sight at all times and must not fly the UAV further than ¼ nautical mile from their location. On any given day, the distance at which the aircraft is considered to be within visual line-of-sight (VLOS) away from the pilot will vary and it may actually be less than ¼ mile, therefore, the lesser of the VLOS requirement or ¼ nautical mile distance must not be exceeded. (13) The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner is clearly made visible on the aircraft The ability to identify the aircraft owner is a key stone of all aircraft operations in Canada, both manned and unmanned. The requirement to mark the model aircraft with basic contact information helps promotes user accountability and a higher level of professionalism and safety. Marking will permit authorities to identify the owner of the model aircraft and assist Transport Canada and other agencies in identifying unauthorized or unsafe operators and assist with enforcement action. 9

10 4.4 Penalties for Model Aircraft (1) Violations of the model aircraft (recreational drone) Interim Order may result in penalties ranging in amount from $3,000 for individuals to $15,000 for organizations. (2) The Criminal Code of Canada describes several offences involving the dangerous operation of aircraft and endangering the safety of other aircraft. Committing such offences is punishable by monetary penalties and/or jail time including imprisonment for life. (3) Other penalties may apply against other regulations outlined in section UNMANNED AIR VEHICLE (UAV) SYSTEMS 5.1 General (1) There are different mechanisms to allow you to legally operate a UAV system. If your UAV has a maximum take-off weight not exceeding 1 kg (2.2 lbs), you may be eligible to operate under a regulatory exemption. These exemption, exempt the UAV operator from the requirement to hold a special flight operations certificate (SFOC) and are intended for lower risk UAV operations and the details can be found at the following link: If your UAV has a maximum take-off weight exceeding 1 kg (2.2 lbs), but not exceeding 25 kg (55 lbs), you may be eligible to operate under a separate regulatory exemption. The details can be found at the following link: If you cannot comply with all the conditions found in either UAV Exemption the operation cannot be conducted under an exemption, and instead you must apply for a special flight operations certificate link: Penalties Relating to the Use of UAV Systems (1) Penalties may be assessed in the amount of $5,000 for an individual and $25,000 for a corporation for operating without a special flight operations certificate, when one is required. (2) Penalties may be assessed in the amount of $3,000 for an individual and $15,000 for a corporation for failure to comply with the conditions of a special flight operations certificate. (3) The Criminal Code of Canada describes several offences involving the dangerous operation of aircraft and endangering the safety of other aircraft. Committing such offences is punishable by monetary penalties and/or jail time including imprisonment for life. (4) Other penalties may apply against other regulations outlined in section Reporting (1) The reporting requirements for UAV accidents or incidents will be included in the special flight operations certificate. (2) Prior to operating under either UAV exemption the UAV Operator must provide a notification to Transport Canada of their intent to operate. The notification form can be found at ( ) 10

11 (3) Incident reporting form is for general public. CADORs is for aviation community (4) Transport Canada has provided an online reporting tool to report what is suspected to be unsafe operations of a model aircraft (recreational drone) or UAV (non-recreational drone). This form can be found at the following link (ttps:// ). Members of the aviation community should continue reporting model aircraft or UAV incidents through the Civil Aviation Daily Occurrence Reporting System (CADORS) (5) For either of the reporting processes, the more specific the details about a perceived contravention, the easier it is for Transport Canada s enforcement officials to process the report. (6) If you suspect someone has or is committing a criminal offence, please contact your local police department. 6.0 INFORMATION MANAGEMENT Not applicable. 7.0 DOCUMENT HISTORY Not applicable. 8.0 CONTACT OFFICE Transport Canada Civil Aviation Communications Centre: Phone: services@tc.gc.ca «Original approved by Aaron McCrorie Director General, Civil Aviation» 11