Hello everyone and welcome to the Everest Search and Rescue Drone Company’s compliance issues debriefing. As tedious as it sounds, this handout’s sole purpose is to educate you on the primary goals of the company, which consist of rescue missions and disaster relief in Nepal, specifically Mount Everest and bring up any risks or possible complications that may arise during performance. Up to this point we’ve discussed the need for a UAS with the ability to transport and rescue trapped climbers in the difficult terrain of the mountain as well as local Nepalese citizens who may possibly become victims of natural disasters. This is not only a safety precaution, but a casualty prevention after witnessing the tragedies that have occurred over the years. From the loss of 8,000 people due to the Gorkha earthquake in April 2015, all the way back to the Mount Everest disaster in March 1996 which took the lives of eight brave climbers. As of now, we have gone over the general idea of what we’d like the unmanned aerial system to consist of and perform like; the components aspect, as well as the facilities and source of revenue that will allow this to remain self-sufficient for years to come. But now we must address the next step in making this company a reality and that is, aviation regulation.
Drone compliance issues refer to the complications/challenges that come with trying to follow the rules governed by the Federal Aviation Administration (FAA). In the technical environment, regulations for matters such as aviation, are controlled by the original equipment manufacturers (OEMs) and operators. When problems, incidents, or anomalies occur within the course of the user’s experience, those events are then reported to the FAA.
It must be clear that in the event of a sufficiently severe outcome or if the number of events reaches a critical level in the form of fatalities, injuries, or even property damage, a review of the regulation may be provoked by the Administration, which can take time and delay the development or advancement of the company. And before the FAA can allow for the production of a new technology into the National Airspace System or NAS, a comprehensive safety analysis is required.
The analysis consists of: 1) a review of the relevant regulation and 2) the supporting advisory circulars (AC) which is also known as the special Federal Aviation Regulations (sFAR) to determine whether proposed technology, in this case, the rescue drone, can comply with current regulation. When dealing with unique, nonrecurring circumstances, the safety review may lean the FAA towards granting exceptions for particular cases. And this all leads to the rule making process! The review provides the FAA with the tools necessary to construct concrete rulings to ensure the safety of the aviation environment.
This briefing will walk you all through the international aviation regulations, the structure of those statutes and regulations, the purpose and intent of those rules, how they’re made, changed and enforced, and finally how the regulation system affects the development of this specific unmanned aircraft system’s technology and operations.
Enforcement and Sanctions
Due to a series of fatal accidents and multiple midair collisions that involved commercial passenger aircraft, the Federal Aviation Administration was created by the Federal Aviation Act of 1958. And according to Section 106 of the United States Code Title 49, the FAA can derive its rulemaking and regulatory power. Now we can focus on the enforcements that are required to effectively regulate our system of rules. But firstly, what makes the FAA so important?
The administration’s mandate from Congress says that their duties are to conduct surveillance for most or all aviation activities, as well as inspect aviation systems, investigate violations of aviation regulations, and take proper measure to enforce regulations in the event of a violation. Due to the nature of aviation, the administration recognizes that the agency must largely depend on voluntary compliance with regulatory standards. This means that enforcing the rules onto the public, or completely controlling the commercial use of drones will be challenging without their participation. Because of the Fifth and Fourteenth Amendments of the U.S. Constitution, the FAA cannot act inconsistently in its efforts to enforce regulation. Therefore, rules must be as defined, clear, and strict as possible.
The enforcement process itself is designed to be fair, reasonable, and though it may be quite complicated, both the FAA and the party being investigated will certainly arrive at a resolution in the end. The FAA may also issue letters of warning or correction to bring the offender into compliance with the regulations for violations that are not considered sufficiently serious enough to warrant more severe sanctions. This just gives the administration multiple options to deal with the violations they encounter. However, the main point we’d like to make from this section is that the lack of an airman’s certificate or other FAA-issued license does not protect a person or organization from an FAA enforcement action by imposition of a civil penalty. In other words, the rules are final and if the administration allows for too many minor violations to slip by without any consequence then what is the point of regulation? Nonetheless, without a concrete ruling to go by, the UAS as a whole will not function for very long.
The next area we’d like to go over are the three main components that make up compliance for the safety of drone operations.
EOM
It is extremely important that when you choose an unmanned aircraft system service provider, you must consider compliance. Did you know that if your business contracts a drone pilot or company that is not operating according to the FARs or federal aviation regulations, you could be subjected to penalties and fines as an illegal drone operator? As scary as that sounds it’s true. With that we shall go over the three components you must establish clearly in your company or UAS facility before proceeding to perform/operate.
For unmanned aerial systems, compliance revolves around three things. The first of the three is, equipment. You must ensure that your UAS is properly registered. All drones used for commercial purposes must be entered into the system under the FAA. Failing to do so may end in violation fees and probation from flying remote controlled aircraft. Registration is cheap, only requiring a payment of $5 and that your name, address, and phone etc. makes for a simple and quite painless process.
The second component is to make sure that your pilot in command has an Unmanned Aircraft Operator certificate issued by the FAA. Depending on the location and the nature of each mission, additional COA’s or other permissions may be needed to permit drone activity in the intended area. This means that although our drone is intended to be able to withstand the environment of Mount Everest, if we were to relocate to other regions of similar climates to branch out and grow, we must first seek approval from the administration to take our business elsewhere.
Lastly, the third component of drone compliance is, mission. Making sure each mission follows FAA protocol is the key to staying out of trouble and keeps the company from having to deal with violation procedures. The mission at hand is of course dangerous and full of risk, and the trust required by the climber to allow an unmanned aircraft to transport them safely down the mountain is what will decide whether this company will succeed.
It is understandable that many skeptics and critics will focus on the negative outcomes that can arise from an idea this irrational. However, if there are no other methods to improve the efficiency of rescue aircraft in Nepal, then it’s only a matter of time before the next crisis occurs. Which brings us to the last and final topic for this briefing which is, my top ten tips for drone compliance
Top Ten Tips for Drone Compliance
Number one, practice makes perfect. Although the drone is intended to be independent and self-driven, the observation process and possible need to intervene when things get messy is important to remember. Therefore, practice as much as you can and familiarize yourself with all the navigation tools and controls set before you before actually sending this drone on a rescue mission.
Number two, in order to stay within the rules of the FAA, it is important to check if the location of your intended flight can allow for drone activity. For example, you’re not allowed to fly a drone in London unless you have a permit but you can fly over the buildings in Budapest without any worries. So collecting information about the area you wish to fly, in this case, Nepal, would be a smart move to comply to drone regulations.
Third would be to never fly above others. The main reason for creating this drone is to provide safe and efficient transport for those in need and we would not want them to fear having a drone fall from the sky and impale them in the event of a lost radio connection or link to the GCS. Which is why it is best to observe the location of the aircraft at all times and be mindful of who or what is beneath it.
Fourth is to keep constant awareness of the power level of the drone. Earlier we discussed that the drone should run on a diesel engine therefore we should establish a mandatory examination before and after each flight to guarantee the drone can make its way back to base without fail. If the drone gets lost in any area atop Mount Everest, it’s farewell to the investments and time sacrificed to implement this new aviation technology.
Fifth, stay away from manned aircraft operations. It puts the lives of those piloting the other vehicles at risk and no one wants anyone getting hurt due to our UAS.
Sixth would be to make sure you register your drone with the FAA. The fee is only $5 and the penalty for flying without registration is not worth the extra trouble.
Our seventh tip is to always prepare for change. The drone regulations, no matter how fast they’re trying to keep up with the growing technology as a whole, will never stay the same. Rules will be modified and some even removed completely to make way for a more precise and polished law therefore always keep yourself and the company educated and up to date with the latest regulations.
Eighth is to be patient. Inspections and maintenance are all part of the UAS process and although it may be time consuming and seem unnecessary at that time, it will keep our company in compliance to the drone rules.
Ninth is to be prepared for the worst case scenario. And these can be avoided with proper tools and gear for the drone. Many things such as weight, material, and aerodynamic design must be taken into account and the more attention to detail there is, the safer for the user and the climbers to work with this drone.
Lastly the final tip would be to maintain constant communication with the drone. In such difficult conditions for flying, and the elevation in which the drone must travel, it is safe to say that a strong and reliable connection is required in order for this aircraft to work. And without the signal of a certain size and magnitude we’re looking for, there is no rescue drone.
And with that, that concludes our drone company’s compliance issues. Thank you so much for your patience and we hope to stay on good terms with the Federal Aviation Administration throughout this process of getting our company in the air.