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Aviation Law Expert, UAV Operators Comment on Proposed US Drone Regulations, Agree Most Could be Adopted for The Bahamas
By Diane Phillips & Associates
Feb 26, 2015 - 1:06:03 PM

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Friendly skies – Owners of a highly successful unmanned aerial vehicle camera- and videography company and a leading aviation attorney welcomed news from The Bahamas and the United States in the last few days that the operation of UAVs, commonly called drones, would be regulated, with UAV operators saying many of the concerns about keeping a safe distance from sensitive areas can be handled through onboard equipment and software. Pictured l-r, Lance Knowles, Sky High Media, Llewellyn Boyer-Cartwright, Callenders law firm partner specializing in Aviation Law, and George Mosko, Sky High Media.

A leading proponent of an international aircraft registry for The Bahamas and the best-known Bahamian UAV (unmanned aerial vehicles) photography and videography company joined voices today, praising Bahamian authorities following the announcement that proposed regulations would be submitted by the end of the month governing the use of recreational and commercial drones.

Llewellyn Boyer-Cartwright, former commercial pilot and now a partner at Callenders & Co. law firm specializing in Aviation Law, and the owners of Sky High Media agreed that the announcement by Minister of Transportation and Aviation Glenys Hanna Martin that guidelines for the operation of drones would be submitted by the end of March was welcome news.

At the same time, the three lauded US authorities following the announcement of a few days earlier that the FAA announced new less stringent rules to regulate the operation of drones in that country and suggesting that some of the proposed new rules would suit Bahamian air space.

"The growth of non-military uses for camera- and video-equipped unmanned aerial vehicles, or UAVs, has been so fast that the law is just catching up with it in this hemisphere though Australia has had rules governing drones since 2002. The news that there will be rules governing their use in The Bahamas and in the U.S. is certainly welcome," said Boyer-Cartwright.

"There is no question that UAVs, or drones as they are commonly called, have changed our way of viewing everything from real estate listings to security surveillance. They are used for important missions, monitoring forest fires and assisting firefighters, for example. No one wants to return to a pre-drone era but simply to ensure that there are proper rules governing their operation and they are taken seriously for what they are which is literally remotely controlled small aircraft.”

At the same time, say Lance Knowles and George Mosko who own Sky High Media, imposing regulations that are too stringent is unwarranted, welcoming news that the FAA had dropped a proposed requirement for operators to hold a pilot’s license.

“Most commercial operators have a considerable amount of money invested in their UAVs with cameras that can cost up to $30,000,” said Mosko. “With that kind of investment, the last thing you want to do is put that rig in danger.” The three-year-old company has invested in high tech camera and video-equipped UAVs and has been hired to shoot everything from multimillion dollar mansions for real estate firms to movie scenes for Hollywood, California film studios. They will also be releasing their own line of high end heavy lift UAV's for the cinema industry this April at the NAB show in Las Vegas which saw over a million attendees last year.

Mosko and Knowles agree it’s important to recognize the difference between a casual user and the serious commercial UAV operator.

“The commercial operator is the opposite of someone who goes out and buys a small ready to fly drone and decides to see how high it can go on the first flight, not even thinking that they may be getting into the path of a returning Family Island flight in The Bahamas,” said Mosko.

Sky High Media said several of the recommendations covered by the American regulations could be handled through software that controls how high a drone can fly, keeping it under the proposed 500 foot ceiling, or restricting flights in sensitive areas.

“In The Bahamas, for instance, you could program the software to keep a safe distance from the prison, from airports or other national security sites,” said Knowles. “It is done through the onboard gps and cannot be disabled.”

The call for regulations heated up after pilots in the U.S. and elsewhere began reporting increased sightings of UAVs. Several have cited calls that were too close for comfort. Meantime, the popularity of drones continues to climb as more uses for camera and video-equipped UAVs are discovered.

"It started out as military equipment," said Boyer-Cartwright, "then became a hobbyist's new toy, remote control miniature aircraft that you could fly around your front yard or in a park. Now, UAVs are being employed by real estate firms to show aerials of listings, by developers, farmers, and a variety of government agencies -- police, firefighters, surveyors, agents inspecting water districts. While UAVs are important new tools in fighting forest fires or searching an area for missing persons, there are concerns about safety and privacy and it’s important to get a handle on both as the industry continues to expand."

FedEx and Amazon have both said they will experiment with package delivery by drone and there have been hints of drone pizza delivery. A restaurant in Singapore is currently conducting a pilot project for delivering food and beverage to customers.

Under the proposed regulations that apply to drones 55 pounds or less, operators would have to be licensed, stay under 500 feet and remain five miles from the nearest airport and within line of sight. UAV operators will also be required to be mindful of meteorological conditions and exercise extreme care in operating in populated areas. The FAA stresses that UAVs must not be operated in a “careless and reckless manner so as to endanger others.”

"All of those regulations make perfectly good sense and we believe they would equally apply in The Bahamas, though in New Providence because of the airport's proximity to the city, it may be possible to amend the 5-mile limit to, say, three miles as there are all sorts of national interests that could be monitored from the air so long as air traffic controllers were informed and gave approval," said Knowles.

"It’s not rocket science,” continued Mosko, who believes common sense makes the most sense. “Don't fly at altitudes or in areas that can pose a hazard with private and commercial air traffic. Don’t fly over sites like the port, a power plant, or government buildings without prior permission. and don’t invade anyone’s privacy.We want people to appreciate the value of the service,” he said, “and to respect what it takes to operate safely and with consideration for the rule of law, best practices and good governance in the air."



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