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Beyond Visual Line of Sight Drone flights in Australia: how the new Drone Manual of Standards regulates this next frontier.
Published: 12 May 2019
Introduction
Following our last article outlining the contents of the newly released Part 101 Drone Manual of Standards (MOS), in this article we look at what we think is the most exciting part of the MOS. That is, Chapter 5 which covers drone operations Beyond Visual Line of Sight (BVLOS) of the pilot. Note that the MOS uses the term Extended Visual Line of Sight (EVLOS) rather than BVLOS.
Chapter 5 has so many sub-sections and cross-references to the Civil Aviation Safety Regulations (CASR) that it gave us the urge to throw it Beyond Visual Line Of Sight and into the nearest bin or open fire. To avoid this frustration for others, we have tried to produce a more user-friendly outline of Chapter 5 so you can get the picture without the pain.
Preliminary key points
[1] Chapter 5 of the MOS prescribes the requirements for the grant of an approval by the Civil Aviation Safety Authority (CASA) for a person to operate a drone, other than a large drone (>150kg) BVLOS.
[2] The need for a Chapter on EVLOS drone operations is due to the blanket requirement that a drone must be operated within VLOS of the pilot.
[3] Chapter 5 applies only to certified drone operators. That is, pilots who already have a Remote Operator’s Certificate (ReOC) and Remote Pilot’s Licence (RePL).
[4] There are 2 types of EVLOS approval: EVLOS operation class 1 approval; and EVLOS operation class 2 approval. The primary difference is that class 1 is when the pilot and the observer are in the same location; whereas class 2 is when the pilot and observer are in different locations.
What is an EVLOS operation exactly?
An EVLOS drone operation is one in which:
[1] at least one trained visual observer is used; and
[2] the location of the drone, ground beneath it and the airspace surrounding the drone is within VLOS of the observer OR BVLOS but the observer knows the exact location of the drone; and
[3] for class 1 operations, the observer is in the same location as the pilot; or for class 2 operations, the observer is in a different location from the pilot; and
[4] an FPV system (the goggles) may be used but not as a substitute for an observer; and
[5] the observer’s duty is to:
(a) either keep the drone constantly within VLOS or know the exact location of the drone; and
(b) maintain constant situational awareness of the airspace surrounding, and the ground below the drone; and
(c) remain in continual, direct, verbal communication with the pilot; for class 1 – communication without the use of any device; for class 2 – using a radio or phone; and
(d) advise the pilot if the drone is likely to become a hazard to any other aircraft, person or property; direct the pilot on action required to ensure that the drone does not become such a hazard; and if either the exact location of the drone is lost to the observer’s direct sight or knowledge, or the drone becomes a hazard, to immediately direct the safe termination of the operation if this is the only remaining safe course of action.
If you cannot maintain the continuation of safe, observed, flight, you are allowed to crash the drone i.e. “controlled flight into terrain” if this is possible without creating a hazard to other aircraft, people or property.
Use of a First Person View (FPV) system may assist the pilot but its use cannot transform the remote pilot into an observer for an EVLOS operation. A remote pilot cannot simultaneously use an FPV and be an observer. Any FPV system must be approved by CASA.
Documented practices and procedures: The paper wor-Zzz…
For the grant of EVLOS approval, the drone operator must have documented practices and procedures covering the matters in Chapter 5 of the MOS and an operator’s statement to its pilots and observers that the procedures and requirements or relevant operations must be complied with.
Pilot requirements for an EVLOS operation
Before conducting an EVLOS operation, the pilot:
[1] in addition to the 5 hours’ experience required to obtain a RePL, must have at least the number of hours of VLOS flight time in the operator’s documented procedures operating a drone of the same type that is to be used in the EVLOS operation; and
[2] must be trained and certified by the drone operator in accordance with its documented procedures, as competent to carry out the particular EVLOS operation; and
[3] must have successfully completed a proficiency check that was:
(a) conducted by the chief remote pilot of the certified drone operator; OR a person certified to conduct a drone training course which includes a proficiency check for the purpose of this section;
(b) undertaken not more than 12 months before the EVLOS operation; OR 24 months before the EVLOS operation, provided the remote pilot has completed at least 3 EVLOS flights in each of the 12-month periods before the EVLOS operation; AND
(c) carried out in accordance with the relevant certified drone operator’s documented practices and procedures for proficiency checks under Chapter 5.
Observers for EVLOS operations
[1] An EVLOS operation class 1 (observer same location as pilot) may only be conducted using a trained visual observer class 1 or class 2 who is certified by the drone operator as competent to carry out the particular EVLOS operation.
[2] An EVLOS operation class 2 (observer in different location to pilot) may only be conducted using a trained visual observer class 2 who is certified by the drone operator as competent to carry out the particular EVLOS operation.
[3] An observer must have no other duties while being an observer.
[4] An observer must not observe more than 1 drone for more than 1 pilot without written approval from CASA.
[5] An observer may use a device, for example, binoculars or a telescope, to assist in carrying out their duties, but must not use the device as the primary means of keeping the surrounding airspace and ground in sight.
Handover procedures between pilots
Control of a drone must not be handed over from the remote pilot to another person unless the other person is also a pilot who complies with the requirements for EVLOS operations. Following handover, the new pilot assumes all responsibility from the previous pilot.
Pre-flight briefing
Before any EVLOS operation, each pilot and observer must be briefed on the emergency and collision avoidance procedures relevant to the operation.
Radio and phone communications in an EVLOS operation class 2
For an EVLOS operation class 2 (pilot and observe in different locations), the primary radio or phone communication system must be supported by a secondary communication system that is immediately activated if the primary communication system fails. If a mobile phone is the primary communication system, a second mobile phone is NOT a secondary communication system.
Height and distance limits for EVLOS operations
[1] The drone must NOT be flown at a distance from the pilot that is more than 80% of:
(a) the manufacturer’s control link performance figure for flight below 500 ft; OR
(b) another demonstrable control link performance figure that takes account of the prevailing atmospheric conditions and terrain of the operation AND is recorded in the drone operator’s documented practices and procedures.
[2] In an EVLOS operations it is essential that:
(a) the drone must not be flown at a distance that is more than 1,500 m from the relevant observer; and
(b) the location, direction of flight and approximate height of the drone must be known to the observer and pilot at all stages of the operation; and
(c) if any part of the operation is within 3 NM of the movement area of an aerodrome, including a Helicopter Landing Site, the height of the drone must be referenced to the aerodrome or HLS elevation as published in the AIP from time to time; accessible here, and
(d) the minimum number of GPS satellite locks for the drone, as specified in the drone operator’s documented practices and procedures for the EVLOS operation, must be continuously available before and during the operation.
Weather and visibility
Both the pilot and observer must have general vision that is satisfactory to motor vehicle licensing standards, glasses are fine.
Weather conditions must allow a visibility minimum of 5,000 metres. If, during an operation, visibility falls below 5,000 metres, the operation must be terminated, and the drone landed, as soon as safely possible.
Controlled airspace
In general, EVLOS operation in controlled airspace will require CASA approval and must be in accordance with Part 101 of CASR and the MOS.
Night EVLOS operations
For an approval of an EVLOS operation to be conducted at night the drone operator must be approved for night drone operations under the relevant instrument; and satisfy CASA that they can and will comply with the conditions of the instrument.
If manned aircraft are active in the airspace
If a manned aircraft is flying in the relevant airspace of the operation, or likely to be flying in the relevant airspace; then, the pilot must ensure that the drone operation does not become a hazard to the manned aircraft, by using the relevant aeronautical VHF channel for regular broadcasts; or direct radio communication with the pilot of the manned aircraft.
The drone pilot must also take reasonable steps to make and keep in direct radio communication with the pilot of a manned aircraft while they are both in relevant airspace.
Procedures for loss of drone control in an EVLOS operation
The drone operator must have documented procedures for the pilot to resolve a loss of control over the drone. These procedures must ensure that the remote pilot can re-establish control over the drone; or end the flight without creating an unreasonable hazard to another aircraft, or to people or property.
If you lose sight and all other options for the continuation of safe, observed, flight are exhausted, you are allowed to crash the drone i.e. “controlled flight into terrain” if this is possible without creating a hazard to other aircraft, people or property.
Procedures for loss of radio and phone communications in an EVLOS operation class 2
[1] Where the pilot and observer are in different locations, the drone operator must have documented practices and procedures for the pilot to resolve:
(a) any radio or phone communication system failure relating to the observation of the drone; or
(b) any breakdown in communication procedures relating to the observation of the drone; or
(c) any loss of situational awareness by the observer of the drone for any reason.
[2] These procedures must be such as to ensure that the remote pilot must:
(a) for a loss of communications with an observer — immediately use the secondary communication system; or
(b) for a loss of situational awareness by the observer — immediately implement the drone operator’s procedures for loss of situational awareness by an observer to return the drone to VLOS or EVLOS; or
(c) end the flight without creating an unreasonable hazard to another aircraft, or to people or property.
If you lose sight and all other options for the continuation of safe, observed, flight are exhausted, you are allowed to crash the drone i.e. “controlled flight into terrain” if this is possible without creating a hazard to other aircraft, people or property.
3-point take-away
[1] An observer is essential;
[2] Class 1 operation is where pilot and observer are in the same location; class 2 operation is where the pilot and observer are in different locations.
[3] You need documented practices and procedures.
Fly free!
The Drone Lawyer
12 May 2019.