Out-Law News 1 min. read

Improving drones regulation must leave freedom to develop, test and commercialise the technology, says expert


Moves to tighten rules on the use of remotely piloted aircraft systems, or 'drones', must not inhibit the ability of businesses to "develop, test and commercialise" the technology, an expert has said.

Ben Gardner of Pinsent Masons, the law firm behind Out-Law.com, said the existing legal framework within the EU is insufficiently developed at the moment to accommodate the full potential of drone use.

Drones are becoming increasing popular with hobbyists but businesses have also been examining ways of utilising the technology, from retailers exploring ways of revolutionising product deliveries, to construction companies looking to monitor on-site health and safety and media organisations exploring new filming opportunities.

However, concerns have been raised about the impact drone use could have on public safety and privacy. The European Aviation Safety Agency (EASA) has been asked by the European Commission to "develop a set of European rules for drones" in response to those concerns. It published 33 proposals (8-page / 430KB PDF) on the topic last month. It has recommended classifying drones under one of three categories depending on their risk, and applying safety rules to drones used for non-commercial purposes in the same way that apply for those used by commercial operators.

Gardner said: "Drone usage is expected to substantially increase as this technology becomes more affordable for consumers and businesses become more aware of how drones can be used in a commercial context. As usage increases and the dangers this technology poses to members of the public and property becomes more prominent, a more robust regulatory framework will be needed."

"As is increasingly becoming the case, regulatory frameworks are struggling to keep a pace with technology which leaves areas of uncertainty for the public, businesses and law enforcement alike. The current regulatory frameworks in many European countries, including the UK, lack the detail which is required for more widespread usage. However, there will be a fine balance which needs to be met between maintaining public safety and attracting global businesses to the Europe to develop, test and commercialise drone technology," he said.

The UK's Civil Aviation Authority issued new guidelines in July to recreational drone users in the UK, reminding them to fly "safely and legally" and not use cameras within 50 metres of people, buildings or vehicles.

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