From:TheBahamasWeekly.com
Bahamas’ Top Aviation Lawyer Renews Call for Drone Guidelines, Stresses Need for Regulations
By Diane Phillips, DP&A
Dec 19, 2014 - 3:37:07 AM
Callenders partner and aviation law specialist Llewellyn Boyer-Cartwright renews call for drone regulations over Bahamian air space.
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Nassau, Bahamas - As
investigators released findings Friday
revealing that a drone came within 20 feet of an incoming Airbus flight over
London’s busy Heathrow Airport in July, declaring the incident a “serious risk”
to human life, local aviation lawyer Llewellyn Boyer-Cartwright renewed his
call urging Bahamian authorities to regulate or, at a minimum, implement
guidelines for operators of unmanned aerial vehicles (UAVs).
“The findings that were
released on Friday of the investigation into a close call over Heathrow, one of
the world’s busiest airports, in July between a 180-seater Airbus A320 and a
drone flying at an altitude of 700 feet declared there was a ‘serious risk of
collision’, giving the incident the highest risk rating, something regulators
and investigators do not take lightly,” said Boyer-Cartwright, a former
commercial pilot and the first attorney from the Bahamas to be admitted to the
Lawyer Pilots Bar Association.
That
incident and the report were stark reminders, said the Callenders law firm
partner, that the increasing popularity of drones sharing air space with
commercial or private manned aircraft are becoming an unforeseen and unintentional,
but very real, threat to the safety of air travel.
“So
far, we have been talking about close calls or near-misses, but if one day luck
runs out and there is a collision over a busy airport or any heavily populated
area, the consequences could be disastrous,” said Boyer-Cartwright.
“Right
now The Bahamas has an excellent opportunity to get out in front in the region
with UAV regulations and/or guidelines. The U.K., U.S., Canada and Australia have
adopted legislation or regulations governing the use of UAVs, particularly in
areas close to airports. In fact, a man in the UK just became the first person
in that country to be convicted of dangerous and illegal flying of a UAV. He
was fined
£800 plus
£3,500 in costs to the Civil Aviation
Authority for flying a home-built drone in restricted air space above a nuclear
submarine facility and on the same day too close to a busy bridge.
“The Bahamas
should move on this as quickly and efficiently as possible even as the Ministry
of Tourism and tourism partners work to increase airlift critical to the new
developments coming on stream next year. The Bahamas has a very high rate of
air traffic for the size of our population and with efforts now underway we can
expect that to grow. At the same time, the use of UAVs is exploding at a rate
we never would have predicted a decade ago and will likely
increase further with the expected popularity of UAVs as one of the hottest
items on Christmas gift wish lists.”
Most regulators,
Boyer-Cartwright said, are distinguishing between low-threat and serious threat
UAVs, with the smaller versions sold in electronics or hobby shops posing less
risk than the larger models used by professionals for commercial photography or
surveillance. In either case, he believes, distance from airports should be
defined and those who fly near airports or congested areas should be trained, file
flight plans and obtain permission before launching. They may also be held
responsible for their equipment and any liability resulting from its operation.
In
the UK, the British Airline Pilots Association has gone so far as to seek
legislation that would require drone operators to get training equal to what a
pilot gets.
“In Canada, the new rules
liberalize low-threat, lightweight, hobbyist type UAVs, but require those who
operate drones of more than 55 pounds to complete ground school training,” said
Boyer-Cartwright. Heavier, larger drones are most often used for surveillance
or military and wartime operations. In the UK, the Civil Aviation Authority
(CAA) requires drones being used for surveillance or collecting data to obtain permission
before flying over a congested area.
The issue of control over
drones has gained increasing importance as the popularity of camera-equipped
remotely-controlled flying machines operated by someone on the ground using a
laptop or even a smart phone has grown from a few adventurous souls to
widespread practice.
Amazon,
the world’s largest online retailer, has said it will experiment with unmanned
aerial vehicle package delivery.
“FedEx
is talking about it,” Boyer-Cartwright said. “Real estate companies that once
relied on Google Earth are now buying their own drones to get better aerial shots
of estates they have listed. All sorts of commercial enterprises from
entertainment and concert attractions to rodeos are using drones to photograph
their offerings for online marketing and reservations. Developers, farmers,
those in the security business are discovering the benefits of the view from
above.
“At
the same time, the amateur hobbyist who just wants to have a little fun with a
remote controlled object could endanger an aircraft with many lives aboard if
the two collide. There have to be clear rules and guidelines for the sky just
as there are for the road.”
This
is not the first time Boyer-Cartwright has called for drone regulations in The
Bahamas.
The
Callenders law firm partner who represents Sky High Media, the cinematography and
photography business that uses sophisticated camera-equipped UAVs, said his
clients are eager to see proper regulations or guidelines.
“They
have equipment with camera platforms mounted on multi-rotor UAVs which they build
at great expense and with great care to use in work for government agencies,
security, resorts, real estate developments, even on movie sets here and as far
away as Hollywood and L.A. so they want others to recognize how important it is
to respect the air space and not take the play of zipping drones across the sky
lightly as if you were flying a kite in a remote area. Lives are at stake,”
said Boyer-Cartwright.
Sky High Media partners Lance
Knowles and George Mosko, who have done shoots in Florida, California and Grand
Cayman as well as in their native Nassau, urged passage of regulations or
guidelines.
“It
may sound strange to ask for regulations where none exist,” said Mosko. “But
for us, this is very serious business. We have invested hundreds of thousands
of dollars in equipment. Nowadays, you can buy a drone off the shelf at a hobby
store for less than $1,000 so you can imagine the chaos that could erupt in the
skies if the quickly evolving industry is not regulated.”
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