Upload
others
View
0
Download
0
Embed Size (px)
Citation preview
Grant Agreement No: 777630
Project Acronym: MOMIT
Project Title:
Multi-scale Observation and Monitoring of railway Infrastructure
Threats
A project co-funded by the European Union’s Horizon 2020 – Shift2Rail Programme
for research, technological development and demonstration
D1.3
RPAS regulatory gaps/barriers
This Document is composed by 48 pages, including attachments
Last revision date: 2017-11-30
Dissemination Level: PU = Public
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 2 of 47
Deliverable information
Document Configuration
Programme Name: Shift2Rail
Call: H2020-S2RJU-2017
Topic: S2R-OC-IP3-03-2017
Proposal Number: 777630
Grant Agreement Number: 777630
Project Acronym: MOMIT
Project Title: Multi-scale Observation and Monitoring of railway Infrastructure Threats
Deliverable Number: D1.3
Title of the Deliverable: RPAS regulatory gaps/barriers
Work-Package: WP1
Issue date: 2017-11-30
Revision of the document: v1.0
Dissemination Level: PU = Public
Responsible Beneficiary: NEAT
Prepared by: Davide VENTURUCCI (NEAT)
Reviewed by: Simone CABASINO (NEAT)
Contributors: Terabee SAS , E-GEOS SPA
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 3 of 47
Revision History
Revision Date Author Organisation Description
v1.0 2017-11-30 Davide VENTURUCCI NEAT First draft issue
Statement of originality
This document contains original unpublished work except where clearly indicated otherwise. Acknowledgement of
previously published material and of the work of others has been made through appropriate citation, quotation or both.
Disclaimer
The information contained in this document and any other information linked therein is confidential, privileged and it
remains the property of its respective owner(s). As such, and under the conditions settled in the MOMIT Grant Agreement
and the MOMIT Consortium Agreement, it is disclosed for the information of the intended recipients within the MOMIT
Consortium and the European Commission / Shift2Rail JU according to its “Dissemination Level”* and may not be used,
published or redistributed without the prior written consent of its owner(s).
* PU = Public, CO = Confidential, EU-R/R-UE = Classified, information as referred to in Commission Decision
2001/844/EC.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 4 of 47
Table of Contents
LIST OF TABLES ................................................................................................................................... 5
LIST OF FIGURES ................................................................................................................................. 6
ACRONYMS AND ABBREVIATIONS ....................................................................................................... 7
1 EXECUTIVE SUMMARY .............................................................................................................. 11
2 DOCUMENT CONTEXT ............................................................................................................... 12
3 RPAS REGULATORY FRAMEWORK .......................................................................................... 13
3.1 DEFINITIONS ................................................................................................................................... 13
3.1.1 Main components of an RPAS ................................................................................................... 13
3.1.2 RPAS Operations ....................................................................................................................... 16
3.2 ICAO PROVISIONS ......................................................................................................................... 17
3.2.1 RPAS in the Chicago Convention .............................................................................................. 18
3.2.2 ICAO Standards on RPAS.......................................................................................................... 19
3.2.3 ICAO Manual on RPAS ............................................................................................................. 20
3.3 EASA AND EU INITIATIVES ........................................................................................................... 21
3.3.1 EASA Technical Opinion ........................................................................................................... 21
3.3.2 Proposed Regulation ................................................................................................................. 23
3.4 NATIONAL REGULATIONS FOR RPAS BELOW 150 KG ................................................................... 24
3.4.1 JARUS: an initiative for harmonizing national regulations of small RPAS .............................. 24
3.4.2 RPAS Regulation in Italy ........................................................................................................... 27
3.5 INDUSTRIAL STANDARDS FOR SMALL RPAS ................................................................................. 31
3.5.1 EUROCAE, RTCA and other Standardization bodies ............................................................... 31
4 RPAS OPERATIONS IN MOMIT ............................................................................................... 33
4.1 DEFINITION OF MOMIT RPAS OPERATIONAL SCENARIOS ............................................................ 33
4.2 REGULATORY AND LEGAL ASSESSMENT OF THE OPERATIONAL SCENARIOS ................................. 34
4.2.1 Scenario 1: Demonstrator #4 .................................................................................................... 35
4.2.2 Scenario 2: Demonstrator #5 .................................................................................................... 36
4.2.3 General provisions ..................................................................................................................... 37
5 CONCLUSION AND RECOMMENDATIONS ................................................................................... 40
5.1 GUIDELINES AND RECOMMENDATIONS FOR RPAS OPERATIONS IN MOMIT ................................ 40
5.2 MONITORING THE EVOLVING REGULATORY AND STANDARDIZATION FRAMEWORK..................... 41
5.2.1 Monitoring plan ......................................................................................................................... 41
PARENT DOCUMENTS ........................................................................................................................ 44
APPLICABLE DOCUMENTS ................................................................................................................. 45
REFERENCE DOCUMENTS.................................................................................................................. 46
ATTACHMENTS .................................................................................................................................. 47
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 5 of 47
List of Tables
Table 3-1: Categorization of aircraft in ICAO ................................................................................... 14
Table 3-2: Hierarchy of ICAO documents ......................................................................................... 18
Table 3-3: simplified version of table of publications by JARUS ..................................................... 26
Table 3-4: Standardization bodies for RPAS ..................................................................................... 32
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 6 of 47
List of Figures
Figure 3-1: RLOS C2L (Picture by ICAO) ........................................................................................ 15
Figure 3-2: BRLOS C2L (Picture by ICAO) ..................................................................................... 15
Figure 3-3: VLOS Operations (Courtesy ICAO) ............................................................................... 17
Figure 3-4: The three categories of risk for RPAS operations as proposed by EASA ...................... 22
Figure 3-5: JARUS working groups (JARUS website) ..................................................................... 25
Figure 5-1: Process of monitoring of regulatory and standards changes ........................................... 43
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 7 of 47
Acronyms and Abbreviations
ACP Aeronautical Communications Panel
AGL Above Ground Level
A-NPA Advanced Notice of Proposed Amendment
AOI Area of Interest
ARP Aerodrome Reference Point
ASTM American Society for Testing and Materials
ATC Air Traffic Control
ATM Air Traffic Management
ATM/ANS Air Traffic Management/Air Navigation Services
ATS Air Traffic Services -
ATZ Aerodrome Traffic Zone
BRLOS Beyond Radio Line-Of-Sight
B-VLOS Beyond Visual Line-Of-Sight
C2L Command and Control Link
C3 Command, Control, Communication
CAA Civil Aviation Authority
CPDCL Controller Pilot Data Link Communications
CTR Controlled Traffic Region
DAA Detect And Avoid
DoA Description of Action
EASA European Aviation Safety Agency
EC European Commission
ENAC Ente Nazionale per l'Aviazione Civile (Italian Civil Aviation Authority)
EO Earth Observation
ERA Enhanced RPAS Automation
ESO European Standardisation Organisations
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 8 of 47
ETSO European Technical Standard Order
EU European Union
EUROCAE European Organisation for Civil Aviation Equipment
E-VLOS Extended Visual Line-Of-Sight
FCL Flight Crew Licensing
FSS Fixed Satellite Service
HD High Definition
ICAO International Civil Aviation Organization
IR Infrared
ISO International Standards Organization
ITU International Telecommunication Union
JARUS Joint Authorities for Rulemaking on Unmanned Systems
LUAS Light Unmanned Aeroplane Systems
LURS Light Unmanned Rotorcraft Systems
MTOM Maximum Take-Off Mass
NAA National Aviation Authority
NOTAM Notice to Airmen
PIC Pilot in Command
QE Qualified Entity
RLOS Radio Line-Of-Sight
RLP Required C2 Performance
RPA Remotely Piloted Aircraft
RPAS Remotely Piloted Aircraft Systems
RPS Remote Pilot Station
RTCA Radio Technical Commission for Aeronautics
SAR Sintetic Aperture Radar
SARPs Standards and Recommended Practices
SC Special Committee
SDR Special Drawing Rights
SORA Specific Operations Risk Assessment
TC Technical Committee
UAS Unmanned Aircraft Systems
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 9 of 47
UASSG Unmanned Aircraft Systems Study Group
UAV Unmanned Aerial Vehicle
UN United Nations
UTM UAS Traffic Management
UV Ultraviolet
VLOS Visual Line-Of-Sight
WG Working Group
WP Work Package
WRC World Radio Communication Conference
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 10 of 47
RPAS regulatory gaps/barriers
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 11 of 47
1 Executive Summary
One of the main objectives of MOMIT is the demonstration of railway infrastructures monitoring by
means of Remotely Piloted Aircraft Systems (RPAS) and satellite technologies. Recently, in the
“European Drones outlook” published by the Single European Sky ATM Research (SESAR),
commercial RPAS below 25 kg of mass, commonly referred as “drones”, are recognized as a
disruptive technology, with a rapid evolution in terms of reference market and types of application.
In official communications to the Parliament and the Council, the European Commission itself
demonstrated its engagement in fostering the RPAS industry in the Union, including both the design
and development of new technologies and innovative applications in the civil domain.
The disruptive nature of RPAS in terms of technologies and fields of application poses important
challenges to regulation and standardization, both for the authorities and for the industrial
stakeholders (manufacturers, operators). A comprehensive, uniform and stable set of rules and
standards is far to come, as regulations are continuously evolving and refining their requirements,
following the technological progresses and trying to address the most critical issues (mainly related
to safety, security, privacy and data protection). A full comprehension of the current regulatory
framework and its potential impact on operations is a precondition to build a solid business case,
when RPAS are involved.
The work done in this report aims at providing the MOMIT consortium with a common understanding
of the state-of-the art of RPAS regulation and standardization. ICAO definitions, guidelines and
provisions are covered, as well as the rulemaking initiatives of EU/EASA and other international
bodies. An in-depth analysis of the RPAS regulation in Italy is here reported, and the MOMIT
demonstration scenarios are assessed against it, as all the foreseen locations for flying demonstrators
are in Italy.
The document is concluded by guidelines and recommendations for the consortium. They address
both general considerations about a common understanding of RPAS regulation issues that may arise
during the whole project, and best practices for approaching the national aviation authorities and
getting the needed permits for the flying demonstrators.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 12 of 47
2 Document Context
A specific task of MOMIT project, i.e. WP1 - Task WP1.3 - Regulatory gaps/barriers, is aimed at
identifying the applicable regulatory framework for the envisaged RPAS operations, in order to
identify the potential gaps and issues in the overall process.
According to the Analyse/Develop/Demonstrate/Exploit approach, the task is developed in the
Analyse phase.
The output of the task, subject of the current document, will be used as input for the following
activities, in order to guide the selection of the most suitable technological solutions and to support
the Request of Authorization and/or Permission by the competent Civil Aviation Authorities in the
countries in which the demonstration scenarios will be implemented and the flights will be carried
out.
Since both the regulatory and standardization framework are currently at an evolutionary stage of
their development, as widely explained in Section 3, in order to minimize the impact of any regulatory
changes that could occur in a relatively short time-frame, a monitoring activity of the evolution of
regulatory and standardization framework will be carried out. Further revisions of the current
document are so envisaged during the first phase of the project, before the beginning of WP4 -
Application cases demonstration, in order to allow the Consortium to face the potential changes in
regulatory constraints.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 13 of 47
3 RPAS Regulatory Framework
3.1 Definitions
Aircraft that are not controlled (during the all flight or parts of it) by a pilot on-board are called
Unmanned Aircraft. The inherently distributed nature of such configuration includes several
components, so the international community has agreed to refer them as Unmanned Aircraft Systems
(UAS, See Section 3.2). A sub-category of UAS is composed by the configurations where the remote
pilot (typically on the ground) has a direct control of the flight during all its phases. They are called
Remotely Piloted Aircraft Systems (RPAS). UAS with the ability to perform an autonomous flight
(or part of it) are not included in the category of RPAS.
This document mainly refers to RPAS, as the current international regulatory framework do not cover
autonomous UAS (See Section 3.2), and their integration in the civil aviation system is not foreseen
on the short term.
An in-depth analysis of all the subsystems and technologies composing an RPAS is out of the scope
of this document, but a preliminary overview of its functioning and structure, together with some
definitions, has a certain importance for understanding the following sections. Different definitions
and descriptions of RPAS and their component have been provided in the past years, and the
terminology itself may slightly differ from a source to another (e.g. military and civil terminology are
not always aligned). In order to provide the MOMIT consortium and the readers with a common
understanding and a uniform terminology, the following definitions adhere as strictly as possible to
ICAO taxonomy, as provided in the UAS Circular and in the RPAS Manual (See Section 3.2).
3.1.1 Main components of an RPAS
The remotely-piloted aircraft system comprises a set of configurable elements including an RPA (the
flying part), its associated remote pilot station(s), the required C2 links and any other system elements
as may be required, at any point during flight operation. Other features might include, inter alia,
software, health monitoring, ATC communications equipment, a flight termination system, and
launch and recovery elements.
3.1.1.1 Remotely Piloted Aircraft
The RPA is the flying part of the system. It is properly considered as an “aircraft” by ICAO, so all
the definitions, rules and general provisions about aircraft are applicable (See Section 3.2). The table
below reports the categorization of aircraft, following ICAO Annex 7.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 14 of 47
A
ircr
aft
Lighter than air Non power driven
Free balloon
Captive balloon
Power-driven Airship
Heavier than air
Non power driven Glider
Kite
Power-driven
Aeroplane
Landplane
Seaplane
Amphibian
Rotorcraft Gyroplane
Helicopter
Ornithopter
Table 3-1: Categorization of aircraft in ICAO
All the classes of aircraft mentioned in the table may have their own unmanned (remotely piloted)
version. In the ICAO classification, the category of multi-copters falls under the definition of
helicopters (“a heavier-than-air aircraft supported ... by ... one or more power-driven rotors on
substantially vertical axes”).
3.1.1.2 Remote pilot station
The remote pilot station (RPS) is defined as “…the component of the remotely piloted aircraft system
containing the equipment used to pilot the remotely piloted aircraft.” As a general principle, the RPS
behaves, or functions, in the same manner as the cockpit/flight deck of a manned aircraft and should,
therefore, offer the remote pilot with an equivalent capability to command/manage the flight.
There are no common standards for the design of RPS and they may vary significantly in terms of
size, functionalities, Human Machine Interface (e.g. joystick, knobs, touch screen), flight control
modalities (e.g. fully manual vs. partly automated flight). In general, complexity of the ground station
is proportionate to the size and weight of the RPAS and the type of operations to be conducted.
3.1.1.3 Command and Control link
The Command and Control Link (C2L) is the data link between the remotely-piloted aircraft and the
remote pilot station for the purposes of managing the flight. Accordingly, the C2L has two main
functions:
to allow the pilot to modify the behaviour of the RPA:
o Control the RPA’s flight (Aerodynamics, Propulsion, etc.);
o Control Detect and Avoid systems on the RPA (execute manoeuvres);
o Control on-board tools and equipment (Transponder, ADS-B1, Radar, etc.)
to allow the pilot to retrieve info about the RPA status:
1 Automatic Dependent Surveillance – Broadcast is a surveillance technology in which an aircraft determines its position via satellite navigation and
periodically broadcasts it
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 15 of 47
o RPA health and status (Speed, Attitude, Warnings, etc.);
o Monitor Detect and Avoid system on RPA (Target tracks, Advisories etc.)
o Monitor Flight Data Recording and other data sources.
C2 link architectures are usually classified as radio line-of-sight (RLOS), or beyond radio line-of-
sight (BRLOS), which reflect both the type of architecture and the timeframe within which
transmissions are completed:
RLOS refers to the situation in which the transmitter(s) and receiver(s) are within mutual radio
link coverage and thus able to communicate directly or through a ground network provided
that the remote transmitter has direct radio line-of-sight to the RPA and transmissions are
completed in a comparable timeframe;
Figure 3-1: RLOS C2L (Picture by ICAO)
BRLOS refers to any configuration in which the transmitters and receivers are not in RLOS.
BRLOS thus includes all satellite systems and possibly any system where an RPS
communicates with one or more ground stations via a terrestrial network which cannot
complete transmissions in a timeframe comparable to that of an RLOS system.
Figure 3-2: BRLOS C2L (Picture by ICAO)
No international standards have been currently defined on frequencies and channels for RPAS C2L.
This led to a situation where different countries adopt different rules on the topic, so the manufacturers
and operators do not have unambiguous references to follow. International Telecommunication Union
(ITU), the United Nations specialized agency for information and communication technologies, is in
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 16 of 47
charge to define and promote a worldwide uniform allocation of communication bands. In current
ITU Radio Regulation (2012) following bands are candidates for C2 links:
960 - 1164 MHz for RLOS
1545 – 1555 / 1646.5 – 1656.5 MHz and 1610 - 1626.5 MHz for BRLOS
5030 – 5091 MHz for RLOS and BRLOS
Other frequency bands, with suitable technical and regulatory provisions, are under consideration.
Work is underway in Aeronautical Communications Panel (ACP) WG-F to develop a band plan to
allow sharing between the terrestrial and satellite RPAS users of the 5030 – 5091 MHz allocation.
Significant interest has been shown in using 12/14 GHz and 20/30 GHz Fixed Satellite Service (FSS)
bands.
3.1.2 RPAS Operations
In remote piloted operations, the pilot (and the crew in general) is not “co-located” with the aircraft,
so it emerged the necessity to define new categories of operations, with regard to the respective
position of the pilot (at his/her RPS) and the RPA (the aircraft).
3.1.2.1 VLOS
Operating within VLOS (Visual Line-Of-Sight) means that the Remote Pilot is able to maintain
direct, unaided (other than corrective lenses) visual contact with the RPA, and is able to monitor the
whole flight in relation persons, other airspace users and/or fixed obstacles, including ground.
Following the above definition, it is not easy to determine precise boundaries or a definite volume
for VLOS operations: it strongly depends on the size, colour and shape of the RPA, weather and light
conditions, orography, presence of obstacles. As a general provision, ICAO outlined some maximum
limitations to VLOS operations:
Max RPA distance from the pilot: 500 m;
Max altitude: 500 ft Above Ground Level.
These limitations should be taken into account by the competent National authorities, when defining
operating limits in their regulation. More restrictive limitations may be defined by the National
authorities, and some of them have already done so (see Section 3.4).
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 17 of 47
Figure 3-3: VLOS Operations (Courtesy ICAO)
3.1.2.2 E-VLOS
Extended Visual Line of Sight (E-VLOS) relates to the operations whereby the Remote Pilot in
Command (PIC) relies on one or more Remote Observers to keep the unmanned aircraft in visual
sight at all times, relaying critical flight information via radio and assisting the Remote Pilot in
maintaining safe separation from other airspace users and/or fixed obstacles, including ground.
3.1.2.3 B-VLOS
Beyond Visual Line of Sight (B-VLOS) operations are the ones conducted in conditions where the
VLOS between pilot and RPA is not maintained.
3.2 ICAO Provisions
The International Civil Aviation Organization (ICAO) is a UN specialized agency, established by
States in 1944 to manage the administration and governance of the Convention on International Civil
Aviation (Chicago Convention) [RD3].
ICAO works with the Convention’s 191 Member States and industry groups to reach consensus on
international civil aviation Standards and Recommended Practices (SARPs) and policies in support
of a safe, efficient, secure, economically sustainable and environmentally responsible civil aviation
sector. These SARPs and policies are used by ICAO Member States to ensure that their local civil
aviation operations and regulations conform to global norms, which in turn permits more than
100,000 daily flights in aviation’s global network to operate safely and reliably in every region of the
world.
In addition to its core work resolving consensus-driven international SARPs and policies among its
Member States and industry, and among many other priorities and programmes, ICAO also
coordinates assistance and capacity building for States in support of numerous aviation development
objectives; produces global plans to coordinate multilateral strategic progress for safety and air
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 18 of 47
navigation; monitors and reports on numerous air transport sector performance metrics; and audits
States’ civil aviation oversight capabilities in the areas of safety and security.
ICAO has a structure composed of three main bodies, with different responsibilities, duties and
functions: the Assembly, the Council and the Secretariat. A detailed description of the bodies is
provided in the ICAO website, while for the aims of this document a very schematic representation
of the structure is sufficient.
The following table summarizes some useful information about the hierarchy of documents issued
and published by ICAO. It can be used as a reference for a better understanding of the information
provided in the next sections.
Document Adopted by Status
Convention States (Assembly) Legally binding for States
Annexes Council Standards legally binding (SARPs)
PANS Council (for approval) Recommendation
Manuals (Doc) Secretary General Guidance material
Circulars Secretary General Info
Table 3-2: Hierarchy of ICAO documents
3.2.1 RPAS in the Chicago Convention
Remotely piloted aircraft are one type of unmanned aircraft. All unmanned aircraft, whether remotely
piloted, fully autonomous or combinations thereof, are subject to the provisions of Article 8 of the
Convention on International Civil Aviation (Doc 7300), signed at Chicago on 7 December 1944 and
amended by the ICAO Assembly.
The development of the legal framework for international civil aviation started with the Paris
Convention of 13 October 1919. The Protocol of 15 June 1929 amending the Paris Convention refers
to pilotless aircraft in a subparagraph of Article 15 as follows:
“No aircraft of a contracting State capable of being flown without a pilot shall, except by special
authorization, fly without a pilot over the territory of another contracting State”.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 19 of 47
The Chicago Convention of 7 December 1944 replaced the Paris Convention. Article 8 of the Chicago
Convention entitled “Pilotless aircraft” provides that:
“No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory
of a contracting State without special authorization by that State and in accordance with the terms
of such authorization. Each contracting State undertakes to ensure that the flight of such aircraft
without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil
aircraft”.
Uncontrolled (autonomous) aircraft were already in existence at the time of the First World War,
operated by both civil and military entities. “Aircraft flown without a pilot” therefore refers to the
situation where there is no pilot on board the aircraft, as stated by the 35th Session of the ICAO
Assembly in 2004.
3.2.2 ICAO Standards on RPAS
In 2006, the first ICAO exploratory meeting on UAVs agreed that, although there would eventually
be a wide range of technical and performance specifications and standards, only a portion of those
would need to become ICAO Standards and Recommended Practices (SARPs). It was also
determined that ICAO was not the most suitable body to lead the effort to develop such specifications.
However, it was agreed that there was a need for harmonization of terms, strategies and principles
with respect to the regulatory framework and that ICAO should act as a focal point.
The second informal ICAO meeting (2007) concluded that work on technical specifications for UAV
operations was well underway within both RTCA Inc. and the European Organisation for Civil
Aviation Equipment (EUROCAE) and was being adequately coordinated through a joint committee
of their two working groups (see section 3). The main issue for ICAO was, therefore, related to the
need to ensure safety and uniformity in international civil aviation operations. The meeting had also
suggested that from this point onwards, the subject should be referred to as UAS, in line with RTCA
and EUROCAE agreements. Finally, it was concluded that ICAO should serve as a focal point for
global interoperability and harmonization, to develop a regulatory concept, to coordinate the
development of UAS SARPs, to contribute to the development of technical specifications by other
bodies, and to identify communication requirements for UAS activity.
In the same year, the Unmanned Aircraft Systems Study Group (UASSG) has been established, with
the following Terms of Reference:
a) serve as the focal point and coordinator of all ICAO UAS related work, with the aim of
ensuring global interoperability and harmonization;
b) develop a UAS regulatory concept and associated guidance material to support and guide the
c) regulatory process;
d) review ICAO SARPs, propose amendments and coordinate the development of UAS SARPs
with other ICAO bodies;
e) contribute to the development of technical specifications by other bodies (e.g., terms,
concepts), as requested; and
f) coordinate with the ICAO Aeronautical Communications Panel (ACP), as needed, to support
development of a common position on bandwidth and frequency spectrum requirements for
command and control of UAS for the International Telecommunication Union (ITU)/World
Radio Communication Conference (WRC) negotiations.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 20 of 47
The UASSG introduced the term “remotely piloted”, after reaching the conclusion that only
unmanned aircraft that are remotely piloted could be integrated alongside manned aircraft in non-
segregated airspace and at aerodromes. The study group therefore decided to narrow its focus from
all UAS to those that are remotely piloted.
The UASSG developed the Unmanned Aircraft Systems (UAS) (Cir 328) which was published in
March 2011. The circular provided States with an overview of issues that would have to be addressed
in the Annexes to ensure remotely piloted aircraft system(s) (RPAS) would be compliant with the
provisions of the Chicago Convention. In March 2012, the first significant package of SARPs related
to RPAS was adopted for Annex 2 — Rules of the Air and Annex 7 — Aircraft Nationality and
Registration Marks.
While amendments to Annex 7 do not have a significant impact on RPAS operations, Amendment
43 to Annex 2 is worthy of analysis. The basic principles underlying such an amendment are that:
1. the RPAS has to be airworthy (or at least safe enough for sustained flight), otherwise no flight
operation can be initiated in line with Article 31 of the Chicago Convention;
2. the remote pilot shall be competent and, where required, licensed, in accordance with Article
32 of same Convention; and
3. the RPAS operator shall be certified (or hold other form of authorisation) in line with the
modern approach to aviation safety (e.g. enshrined by ICAO Annex 19);
4. only after 1, 2 and 3, the RPAS operator may request to access non-segregated airspace.
In summary, the ICAO standards require that RPAS are inserted in the ‘total aviation system’ and not
just ‘into the airspace’ or Air Traffic Management (ATM).
On 2014, ICAO established the Remotely Piloted Aircraft Systems Panel (RPASP) which was tasked
with progressing the work begun by the UASSG and given the following objectives:
serve as the focal point and coordinator of all ICAO RPAS-related work, with the aim of
ensuring global interoperability and harmonization;
develop an RPAS regulatory concept and associated guidance material to support and guide
the regulatory process.
3.2.3 ICAO Manual on RPAS
In March 2015 ICAO published the first edition of Doc10019 – Manual on Remotely Piloted Aircraft
Systems. This document aims at collecting the state-of-the-art of RPAS integration in the
international civil aviation system. Where standards are already available (see previous section) they
are included in the Manual, while for the areas where such standards are still under development,
general technical guidelines and common definitions are provided. Doc 10019 is made of 15 chapters
covering the following topics:
ICAO regulatory framework and scope of the manual (Chapter 1);
introduction to RPAS (Chapter 2);
special authorization (Chapter 3);
type certification and airworthiness approvals (Chapter 4);
RPA registration (Chapter 5);
responsibilities of the RPAS operator (Chapter 6);
safety management (Chapter 7);
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 21 of 47
licensing and competencies (Chapter 8);
RPAS operations (Chapter 9);
detect and avoid (DAA) (Chapter 10);
command and control (C2) link (Chapter 11);
ATC communications (Chapter 12);
remote pilot station (RPS) (Chapter 13);
integration of RPAS operations into ATM and ATM procedures (Chapter 14); and
use of aerodromes (Chapter 15).
A detailed discussion of the Manual is out of the scope of this document, anyway most of the
considerations, evaluation and analysis here contained have been conducted and elaborated in
compliance with its content.
3.3 EASA and EU Initiatives
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008
on common rules in the field of civil aviation and establishing a European Aviation Safety Agency,
or “EASA basic regulation”, states that “unmanned aircraft with an operating mass of no more than
150 kg” are not under the responsibility of the Agency (Annex II). As a consequence, the regulation
of this category of aircraft and their operations is delegate to the National Aviation Authorities
(NAAs).
In the last years, the number of small RPAS flying in Europe has seen a significant increasing,
following the development of a promising market for civil applications. Many countries have
adopted, or are about to adopt, rules on some aspects of civil RPAS with an operating mass of 150
kg or less (See next Section). However, the extent, content and level of detail of the rules differ, and
conditions for mutual recognition between EU countries have not been reached. This condition
impacts cross-border operations directly as RPAS operators have to apply for a separate authorisation
in each country. In addition, the opinion of the European Commission is that different rules across
the EU may lead to a situation where a number of key safeguards (e.g. safety) are not addressed in a
coherent way. As a consequence, the Commission gave the mandate to EASA to start a regulatory
initiative, that includes the extension of its mandate to all classes of RPAS.
On 31 July 2015 EASA launched a consultation process on a new regulatory framework for RPAS
with MTOM<150 kg. This document (A-NPA, Advanced Notice of Proposed Amendment) presented
the new regulatory approach for safely operating remotely piloted aircraft. This flexible approach,
(based on the ‘Concept of Operations’ [RD4]), provides a set of rules which are proportionate and
risk based. In other words, safety requirements are in relation to the risk an activity poses to the
operator and to third parties (e.g. general public). The greater the risk the higher the requirements.
This is done in order to ensure there is no compromise in safety, but there is a flexible environment
for this promising industry to grow. The consultation process ended in September 2015 and the
outcome of the consultation process is a Technical Opinion.
3.3.1 EASA Technical Opinion
The EASA opinion “Introduction of a regulatory framework for the operation of unmanned aircraft”
[RD5] lays down the foundation for all future work for the development of rules, guidance material,
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 22 of 47
as wells as, safety promotion to ensure unmanned aircraft are operated safely and their impact on the
safety of the aviation system is minimised. The opinion includes 27 proposals for a regulatory
framework for low risk operations of all unmanned aircraft irrespective of their mass. The proposals
are operations centric, focusing on how the RPAS will be used rather than their physical
characteristics. It establishes 3 categories of operation, as follows:
‘Open’ category (low risk): Safety is ensured through compliance with operational
limitations, mass limitations as a proxy of energy, product safety requirements, and a
minimum set of operational rules.
‘Specific’ category (medium risk): Authorisation by an aviation authority, possibly assisted
by a qualified entity (QE2), following a risk assessment performed by the operator. A manual
of operations lists the risk mitigation measures.
‘Certified’ category (higher risk): Requirements comparable to those for manned aviation.
Oversight by NAA (issue of licences and approval of maintenance, operations, training,
ATM/ANS and aerodromes organisations) and by EASA (design and approval of foreign
organisations).
This report does not go into the details of the Technical Opinion, while a general view of the three
categories and respective duties and requirements for the operators is provided in the below chart:
Figure 3-4: The three categories of risk for RPAS operations as proposed by EASA
In general, the operations falling in the Open category are regarded as non-aviation and the safety is
demanded to the manuals provided by the vendors (as for any other consumer technology). In the
Specific category, an approval to the Authorization is needed by the competent authority (i.e. National
Aviation Authorities or EASA itself), while in the Certified category, where the risk is higher for the
society, a full total system aviation approach is needed (Remote Operator Certification, Certificate of
Airworthiness, Pilot License, etc.).
2 The “Basic Regulation” for EASA defines a qualified entity as follows: ‘qualified entity’ shall mean a body which may be allocated a
specific certification task by, and under the control and the responsibility of, the Agency or a national aviation authority.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 23 of 47
The Technical Opinion does no still provide with well-defined and “ready-to-use” thresholds to
classify RPAS operations, but some of the evaluation factors are there listed, among the others:
Mass
Speed
Size
Kinetic Energy
Airspace
Altitude
Exposure (Density of population; density of air traffic)
Proximity to Critical Infrastructure
Second order factors (above or below obstacle protection surfaces; frangibility; energy
absorption; flight termination; etc.).
The Technical Opinion comes out with a set of proposed amendments to EASA Basic Regulation,
including the extension of EASA’s mandate to RPAS with a MTOM below 150 kg.
3.3.2 Proposed Regulation
In December 2015, the Commission introduced a proposal to adopt EU rules on drones3 and to repeal
Regulation 216/2008 [RD6]. The main objective of the proposed Regulation is to establish and
maintain the same civil aviation safety standards for manned and unmanned aviation throughout the
EU, and at the same time to ensure a high and uniform level of environmental protection (Art. 1). It
also seeks to expand the EASA’s competence to include RPAS with a mass below 150 kg. The
proposed Regulation would apply, inter alia, to:
“the design, production, maintenance and operation of unmanned aircraft, their engines, propellers,
parts and non-installed equipment, as well as the equipment to control unmanned aircraft remotely,
where such aircraft are operated within the Single European Sky airspace by an operator established
or residing within the territory to which the Treaties apply.” (Art. 2).
In particular, the following articles of the proposed regulation are of interest for this document:
[45] Requirements for Unmanned Aircraft: the design, production, maintenance, and
operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment,
and equipment to control them remotely would need to comply with the essential requirements
set out in Annex IX.
[46] Compliance of Unmanned Aircraft: The Commission would be given the authority to
adopt delegated acts concerning the specifications for the design, production, maintenance,
and operation of unmanned aircraft. Drones would be subject to certifications and declarations
that they comply with such specifications. A drone’s certificate would specify its safety-
related limitations, operating conditions, and privileges.
Market Surveillance Mechanisms: Mass-produced unmanned aircraft that pose a very low risk
would be subject to the existing market surveillance mechanisms provided in Regulation
765/2008 [RD7] and Decision No. 768/2008 [RD8].
3 The European Commission and EASA tend to use the word drone in some high level communication, as this word is easier to understand by the
general public.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 24 of 47
[47] Delegated Acts: For the design, production, maintenance and operation of unmanned
aircraft and their engines, propellers, parts, non-installed equipment and equipment to control
the aircraft remotely, the Commission shall be empowered to adopt delegated acts
(implementing rules) in to lay down detailed rules with regard to:
a) conditions and procedures for issuing, maintaining, amending, suspending, or revoking
the certificates for the design, production, maintenance, and operation of unmanned
aircraft;
b) conditions for situations in which, with a view to achieving the objectives of the
Regulation and while taking account the nature and risk of the particular activity
concerned, such certificates must be required or declarations must be permitted;
c) conditions and procedures under which an operator of an unmanned aircraft must rely
on the certificates or declarations issued in accordance with airworthiness and
environmental standards, and other essential requirements;
d) conditions under which the requirements concerning the design, production, and
maintenance of unmanned aircraft and their engines, propellers, parts, non-installed
equipment, and equipment to control them remotely shall not need to meet certain other
specifications in the Regulation;
e) marking and identification of unmanned aircraft; and
f) conditions under which operations of unmanned aircraft must be prohibited, limited, or
subject to certain conditions in the interest of safety.
The Regulation outlined here is being discussed in the European Parliament, and it will be presumably
promulgated during the year 2018.
3.4 National Regulations for RPAS below 150 kg
As seen, a legislative process aiming at defining a common EU Regulation for all categories of RPAS
is under progress and it will take years to be fully accomplished, as it will include all the implementing
rules mentioned in the previous section. In the meantime, Member States are recommended to take
into considerations the ideas and concepts contained in the Technical Opinion, when developing and
amending their own National Regulations. This shall facilitate a smooth transition from national to
common rules in the next future.
Within and beyond EU, National Aviation Authorities (including European ones) are currently
involved in the definition of a harmonised approach to the regulation, with an international
perspective. Among the several initiatives currently on-going, JARUS (Joint Authorities for
Rulemaking on Unmanned Systems) is worthy of attention in this document.
3.4.1 JARUS: an initiative for harmonizing national regulations of small RPAS
JARUS is a group of experts from the NAAs and regional aviation safety organizations (including
EASA and EUROCONTROL). Its purpose is to recommend a single set of technical, safety and
operational requirements for the certification and safe integration of UAS into airspace and at
aerodromes. The objective of JARUS is to provide guidance material aiming to facilitate each
authority to write their own requirements and to avoid duplicate efforts.
Participation in JARUS is on voluntary basis and JARUS does not develop law or mandatory
standards, while National Aviation Authorities and regional authorities decide how to use harmonised
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 25 of 47
provisions from JARUS. At the moment, more than forty countries are represented in JARUS,
including almost the totality of RPAS market worldwide.
The group is organized into several working groups, with a competence over the most important
topics and areas of interest.
Figure 3-5: JARUS working groups (JARUS website)
JARUS website (http://jarus-rpas.org/) hosts a ‘Publications’ section, where all the already published
deliverables are available for download and a Schedule for the forthcoming publication is updated.
Although the material produced by JARUS is not legal for the operators, so a direct impact on
MOMIT operations is not foreseen. Anyway, JARUS may (and probably will) have influence on the
future regulations made by EASA and NAAs, so its activities will be monitored by the Consortium
during the project (See Section 5).
At the time when this document is being written, the following deliverables have been developed,
refined and finally published in their stable version by JARUS:
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 26 of 47
Title Description Date published
Certification Spec
for LURS
Certification Specification for Light Unmanned
Rotorcraft Systems
30/10/2013
RPAS C2 Link RCP Guidance material to explain the concept of C2 link
RCP and identify the requirements applicable to the
provision of C2 communications. (See UPGRADED
C2 Link RLP document JAR-doc-13)
10/10/2014
FCL
Recommendations
The document aims at providing recommendations
concerning uniform personnel licensing and
competencies in the operation of RPAS
09/09/2015
AMC RPAS 1309
(package)
Document developed as an integral part of a type-
certification process. It is a means of compliance to a
1309 airworthiness requirement.
01/11/2015
CS-LUAS It provides recommendations for States to use for their
own national legislation, concerning Certification
Specification for Light Unmanned Aeroplane
Systems. (See JARUS Work Plan)
23/12/2016
SORA (Package) The document recommends a risk assessment
methodology to establish a sufficient level of
confidence that a specific operation can be conducted
safely. Along with the document there are two
Annexes; Annex A - Guidelines on collecting and
presenting system and operation information for a
specific UAS operation and, Annex I - Glossary of
Terms
28/07/2017
CPDLC The Controller Pilot Data Link Communications
document is meant to summarize the most relevant
information about CPDLC and the supported ATS
services, and to associate them with RPAS operations.
20/06/2016
FCL GM Guidance material to the JARUS FCL
Recommendation
11/04/2017
Required C2
Performance (RLP)
concept
RCP acronym has been modified to RLP to avoid
confusion between current RCP supporting ATM
functions and the required C2 Link performance in
support of the command and control functions.
30/05/2016
Table 3-3: simplified version of table of publications by JARUS (original: http://jarus-rpas.org/publications)
It is important to recall that JARUS is an informal working group, based on voluntary participation,
therefore published guidelines and recommendation are not legally binding until their possible
adoption by Civil Aviation Authorities.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 27 of 47
3.4.2 RPAS Regulation in Italy
The main purpose of this document is feeding the demonstration phase of MOMIT project with useful
information about the regulatory environment for RPAS operations. MOMIT demonstrations are
foreseen in Italy, so this section will go into the details of the Italian regulatory framework.
In Italy, the primary aviation legislation is the Italian Civil Aviation Act or Air Navigation Order. All
aviation comes under the jurisdiction of the Ente Nazionale per l'Aviazione Civile, the Italian Civil
Aviation Authority (ENAC).
The First Edition of the Italian “Regulation on Remotely Piloted Aerial Vehicle” (No. 42/2013) was
signed by ENAC on 16th December 2013. It was published on the website on 28th February 2014
and came in force the sixtieth day after the publication, on 30th April 2014.
The first version was made of 27 Articles, divided into six sections. It explained some general
provisions for Remotely Piloted Aircraft Systems, which are divided into two categories:
1. RPAS with MTOM < 25 kg
2. RPAS with MTOM ≥ 25 kg
A second version of the Regulation made of 37 Articles has been issued in July 2015 (with three
reviews, last on March 2017), in order to better address and specify some of the aspects covered in
the first version, including some new considerations. It is available in Italian and in a courtesy English
translation on the ENAC website (www.enac.gov.it), looking at the section “Sistemi aeromobili a
pilotaggio remoto” (Remotely Piloted Aircraft Systems).
This Regulation, pursuant to art. 743 of the Italian Navigation Code and the Regulation of the
European Parliament and of the Council (EC) No 216/2008, states that «RPAS of maximum take-off
mass not exceeding 150 kg and those designed or modified for research, experimental or scientific
purposes are under ENAC responsibility».
This regulation is not applicable to:
State RPAS (Art. 744, 746 and 748 of the Italian Navigation Code);
Indoor RPAS operations (albeit some safety requirements for indoor flights over crowds are
outlined);
Balloons used for scientific observations or tethered balloons.
According to this Regulation, the RPAS can be used for specialized operations or research and
development activities. In any case, the operator is required to have an appropriate statement by
ENAC or provide a self-declaration in accordance with the Regulation.
In case of special operations carried out for third parties, moreover, an agreement must be signed
between the RPAS operator and the client, by which the parties define their respective responsibilities
and agree on the suitability of RPAS for the planned operation and any relevant limitation.
The operations are divided into VLOS, EVLOS and BVLOS.
Hereinafter the focus will be on Section II of the Regulation, covering Remotely Piloted Aircraft with
operating take-off mass of less than 25 kg, in line with the expected categories of aircraft operated in
MOMIT.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 28 of 47
3.4.2.1 General provisions
Article 8 of the Italian Regulation provides the RPAS operators with a set of rules, worthy of being
mentioned here to provide the MOMIT consortium with a common understanding of the legal
framework of the envisaged operations:
1. The RPAS shall be identified by a plate installed on the RPA showing the identification of
the system and of the operator. An identical plate shall be installed also on the remote ground
pilot station.
2. As of the 1st of July 2016, in addition to plates required by the Art 8.1, any RPAS shall be
equipped with an Electronic Identification Device that allows the transmission of RPA real
time data, its owner/operator and basic flight parameters, as well as the recording of these
data. Electronic Identification Device performances and characteristics are defined by ENAC.
3. RPAS shall be supplied with a Flight Manual or equivalent manual.
4. Specialized Operations shall comply with the provisions regarding procedures in air
navigation and airspace use.
5. RPAS shall be equipped with systems/equipment necessary to carry out intended operations
in compliance with the applicable rules of the air and according to the airspace class
engagement. They shall be equipped with systems/equipment intended to indicate the RPA
height above ground so to enable a positive check during flight.
6. For VLOS operations within un-controlled airspace, ENAC reserves the right to require the
installation of lights or other means to augment the RPA visibility by the remote pilot or by
other airspace users.
7. RPAS shall be piloted by a pilot with recognized competences and skills.
8. During VLOS operations, pilot shall be clearly visible and immediately identifiable by proper
means. Pursuant to this Regulation, the pilot shall wear a high visibility vest with the sign
“RPA pilot”.
9. RPAS in the scope of this section are operated for specialized operations either “non-critical”
or “critical”.
10. RPAS operations with purpose “research and development” are subject to ENAC
authorization.
3.4.2.2 Critical and non-critical operations
Article 8 introduces a categorization of RPAS operations into critical and non-critical, basing on their
associated risk. Such categorization has a considerable impact on prescribed safety requirements and
on the process to be setup by the operator when applying to ENAC for a request to operate. Article
11 of the Regulation describes such requirements and the processes for both critical and non-critical
operations into details, while for the sake of this document the following specification is sufficient:
For critical operations, the capability of the RPAS operator to comply with obligations laid
down in this Regulation is recognized by ENAC authorization;
For non-critical operations, the said capability is declared by the operator in a form and
manner established by Art 9.
Critical operations have to be authorized in advance by ENAC, so an explicit request of authorization
has to be made to the competent office. Therefore, the operations can be performed only after the
formal approval by ENAC.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 29 of 47
In the case of non-critical operations, the provision of a self-made risk assessment and a declaration
of responsibility by the operator to ENAC are sufficient. This distinction implies different procedures,
quantity and complexity of documentation and in general a significant difference in the effort to be
put in place to comply with the Regulation. It impacts also the safety requirements and operational
limitations (e.g. redundant on-board equipment or a very limited area of operations may be mandate
when performing critical operations).
The classification in critical or non-critical category may have a significant impact on the MOMIT
operations, in terms of commitment, costs and time (obtaining an authorization from ENAC requires
about twice the time of having a declaration accepted). Therefore, in the following the legal definition
of the two category is provided (Article 9 and 10 of the Regulation):
“Non-critical” operations are VLOS operations which do not over fly, even in case of
malfunctions and/or failures:
o Congested area, gathering of persons, urban areas;
o Critical infrastructures.
Critical operations are operations that do not respect, even partially, such conditions.
A special provision on RPAS lighter than 2 kg have been adopted (Article 12) as follows:
operations with RPAS whose maximum take-off mass is less than or equal to 2 kg are always
considered non-critical, provided that the RPAS’ design characteristics are of an inoffensive
nature, as assessed by ENAC. To overfly gathering on persons during parades, sports events or
different forms of entertainment or anyhow areas where there is an unusual concentration of
people, is still prohibited.
In addition to that specialized operations with RPA with operating take-off mass of less than or
equal to 0.3 kg with rotating parts safeguarded against impacts and having maximum speed less
than or equal to 60 km/h are to be considered non-critical for any operative scenario.
In the guidance material published by ENAC (not directly in the Regulation) a third situation beyond
critical and non-critical has been defined in May 2017, under the name of standard scenarios for
critical operations.
3.4.2.3 Standard scenarios
The so called standard scenarios have been defined by ENAC for RPAS below 25 kg of mass. The
definition of such scenarios has a twofold rationale: one hand it helps to simplify and standardize the
process of authorization for the most common critical operations, and on the other it contributes to
move the Italian regulation closer to the European rulemaking process currently under development
(see Section 3.3.).
Getting an authorization for critical operations may be an onerous process for an operator to carry out
(and for the authority to assess), as a target level of safety has to be guaranteed and it may be
complicate to understand whether certain mitigation barriers actively contribute to reach such level.
The standard scenarios identify accurate technical specification and operational limitations for some
specific situations, so leading to a substantial simplification in the process of authorization for critical
RPAS operation. Anyway, it is important to notice that operating in a standard scenario do not relieve
the operator from any of the legal obligations defined in the Regulation.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 30 of 47
The following scenarios have been defined and published by ENAC in May 2017:
S01 – RPAS with a maximum take-off mass (MTOM) below or equal to 2 kg, with an
inoffensive nature (art. 12), operated in an urban are;
S02 – RPAS with a MTOM in between 2 and 4 kg, operated in an urban area;
S03 - RPAS with a MTOM in between 4 and 10 kg, operated in an urban area;
S04 – RPAS with a MTOM below or equal to 4 kg, without an inoffensive nature (art. 12),
operated in extra-urban areas and over construction sites or linear infrastructures, e.g.
highways, power lines, railways, gas pipelines;
S05 – RPAS with a MTOM in between 4 and 25 kg, without an inoffensive nature (art. 12),
operated in extra-urban areas and over construction sites or linear infrastructures, e.g.
highways, power lines, railways, gas pipelines;
S06 – RPAS with a MTOM below or equal to 4 kg, without an inoffensive nature (art. 12),
operated in extra-urban areas for filming;
S07 – RPAS with a MTOM in between 4 and 25 kg, without an inoffensive nature (art. 12),
operated in extra-urban areas for filming.
Going into the details of the operational and technical limitations associated to each scenario is out
of the scope of this document, anyway the scenarios most relevant for MOMIT are analysed and
detailed in Section 4.
3.4.2.4 Access to the airspace
Provisions about access to the airspace are mainly collected in Article 24 of the Regulation as follows:
VLOS operations are permitted in daylight, up to maximum height of 150 m AGL, within maximum
horizontal distance of 500 m, and shall be carried out safely, without causing damages to third parties.
Higher distances and heights may be evaluated and authorized by ENAC as appropriate, following
submission of an appropriate risk assessment by the RPAS operator.
In case of loss of visual contact with the RPA, either horizontally or vertically, the pilot shall terminate
the flight as soon as possible
RPAS operations shall not be conducted:
a) Within ATZ and beneath take-off and landing paths or at a distance less than 5 km from the
airport (ARP or published geographical coordinates) where ATZ is not established;
b) Within CTR (see below);
c) Within active restricted areas and prohibited areas.
Operations within CTR are permitted only to RPA with operating take-off mass less than 25 kg, up
to maximum height of 70 m AGL and within maximum horizontal distance of 200 m. Beneath take-
off and landing paths, beyond ATZ boundaries and up to 15 km from the airport, maximum height
shall be 30 m AGL.
The special provision about CTRs is important because the Italian territory is crowded of minor
airports, therefore a complete interdiction of flights within CTRs might results in significant
limitations to RPAS operations.
An assessment on the MOMIT operations based on the processes and provisions described in this
Section is provided in Section 4 of this document.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 31 of 47
3.5 Industrial Standards for Small RPAS
The analysis of the regulatory framework for light RPAS (<25 kg) highlighted the current lack of
technical standards already adopted by the competent authorities for civil aviation. This has a negative
impact on the market, since investors and industrial players are discouraged by a fragmentary
business, where products that are suitable for one market do not comply with the requirements needed
by others, and where technological interoperability is not assured.
Certification bodies and aviation authorities are putting a joint effort on the topic, in order to fill the
gap in the next future. In the following section an overview of such activities is provided.
3.5.1 EUROCAE, RTCA and other Standardization bodies
EUROCAE is the only European organisation exclusively dedicated to the development of technical
standards in support of the aviation community and is recognised by:
The European Commission as the competent body to collaborate with the European
Standardisation Organisations (ESOs) in the preparation of European Standards4.
The European Aviation Safety Agency (EASA) as a major European stakeholder in the
development of Technical documents concerning Aviation safety (i.e. ETSO “European
Technical Standard Order”).
Within EUROCAE one specific working groups is involved in developing standard for RPAS,
namely Working Group 105, that supersedes the former Working groups 73 (Medium and Large
RPAS) and 93 (Small RPAS). The work of WG-105 is organised in six Focus Teams working in a
specific area. The current Focus Areas are:
UAS Traffic Management (UTM)
Command, Control, Communication (C3)5
Detect and Avoid (DAA)
Design and Airworthiness Standards
Specific Operations Risk Assessment (SORA)
Enhanced RPAS Automation (ERA)
One of the main tasks of the group is to liaise with other standardization bodies working to the same
topic or to related technologies, aiming at assuring a global interoperability of the proposed solutions.
The following tables resumes the activities conducted by various working groups at a global level.
4 Article 4.1 of the Interoperability Regulation (EC) 552/2004.
5 Note that the term C3 link is used here to include communication (with Air Traffic Control or other airspace users).
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 32 of 47
Organization/Scope Working Group(s) Competences
ISO (International Standards
Organization)/Global
Technical Committee (TC) 20
(Aircraft and space vehicles) –
Special Committee (SC) 16
Requirements, terms and
definitions, classification,
materials and components,
radio frequencies.
RTCA (Radio Technical
Commission for
Aeronautics)/United States
SC-228 Minimum Operational
Performance Standards for
Unmanned Aircraft Systems
ASTM (American Society for
Testing and Materials)/United
States, Global
F38 – Unmanned Aircraft
Systems
Airworthiness, Flight
Operations, Personnel
Training, Qualification and
Certification
Table 3-4: Standardization bodies for RPAS
Going into details of all the standards proposed by such organizations is out of the scope of this
document, also because no one of them has still been adopted by National and International civil
aviation authorities. Anyway, the consideration in this section, together with the technical provisions
given by International and National regulations, contribute to the definition of the current state-of-
the art of standards for RPAS below 150 kg of mass. Section 5 of this documents outlines the potential
impact of the evolution of the state-of-the art on the MOMIT project.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 33 of 47
4 RPAS Operations in MOMIT
4.1 Definition of MOMIT RPAS operational scenarios
The purpose of MOMIT is supporting the maintenance process of railway infrastructures with a solution
based on RPAS and satellite technology. This section outlines the main operational scenarios where
MOMIT solution will be demonstrated, aiming at defining the regulatory framework applicable to
the foreseen RPAS operations. The MOMIT demonstration will be carried out in Italy, so the main
reference in analyzing the associated legal and regulatory aspects is the Italian regulation.
The following tables recall the MOMIT demonstrators where RPAS are actively involved, namely
demonstrator #4 and #5:
DEMONSTRATOR #4
Electrical system monitoring
User RFI
Monitoring challenge
Inspecting all components of the railway electrification system with traditional techniques
is a costly and dangerous activity. The challenge is to enable RPAS-based accurate, rapid
and cost-effective inspections, eliminating risks to personnel.
Demonstrator
description
A multicopter RPAS equipped with suitable visible light, UV and IR cameras will be able
to take short-distance footage of all elements of the electrical infrastructure, with special
focus on detecting hot spots and corona effects.
Demonstrator
parameter
AOI Type: electrical infrastructure (conductors, steel towers, insulators, etc.)
Size: 1km long test line
Data Source EO Data: HD video with UV/IR overlay for hot spots and corona detection
Monitoring
specification Frequency depending on data source type
Output Georeferenced data with detected hot spots and corona overlay
Expected benefits,
improvements
a) COST REDUCTION, as no personnel walking along the line or on helicopters
b) ELIMINATING RISKS TO PERSONNEL No need for personnel to stay close to power
line
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 34 of 47
DEMONSTRATOR #5
Civil engineering structures monitoring
User RFI
Monitoring challenge
Inspecting structural damage to civil engineering structures such as bridges with traditional
techniques is a resource-intensive task involving service disruption and some risk to
personnel. The same goes for indoor inspections to galleries, maintenance buildings, etc.
The challenges are:
to develop a highly efficient RPAS infrastructure inspection system and protocol,
reducing costs and risks to personnel
integration of data from different sources, importing into a common model of the
infrastructure the different measurements and evaluate the structural status.
Demonstrator
description
A multicopter RPAS, equipped with state-of-the art anti-collision and indoor autonomous
navigation systems, and a HD video camera capable of filming from a short distance all
critical parts of the bridge, gallery, building
PSP-IFSAR technique applied to satellite HR SAR data will allow measuring eventual
differential deformation occurring on the monitored infrastructure, collecting several
measurements over the same infrastructure and precisely relocating the measurement
points in the 3D space.
Some critical infrastructures will be modelled using finite elements methods (FEM)
importing the PSI measurements as input, in order to evaluate the structural state.
Demonstrator
parameter
AOI Type: Bridge, gallery, maintenance building
Size: tens or hundreds of meters long
Data Source High-definition video
Satellite HR SAR
Monitoring
specification Frequency depending on data source type
EO data sources Multicopter drone equipped with HD video camera
Satellite
Output
a) HD, georeferenced video footage and 3D model of the infrastructure.
b) PSP-IFSAR analysis
I. Delivery of Ground deformation analysis (PSP-IFSAR product), including:
PS positions
PS mean velocities
PS temporal evolutions
II. Technical report
Expected benefits,
improvements
a) SAFETY No personnel working at height or in unsafe areas.
b) COST SAVINGS
c) IMPROVED ACCESS some areas of the infrastructure cannot be thoroughly
inspected with standard techniques due to the difficulty of safe access.
4.2 Regulatory and legal assessment of the operational scenarios
In this section, an assessment of the aforementioned scenarios is provided, taking into account the
information and considerations described in Section 3.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 35 of 47
4.2.1 Scenario 1: Demonstrator #4
The assessment of the operational scenario outlined by the Demonstrator #4 is quite straightforward:
looking at the standard scenarios defined by ENAC (see section 3.4.2.3), the foreseen operations fits
almost perfectly with S04 and S05 (depending on the mass of the RPAS). Being at the moment not
yet defined the RPAS model to be used in demonstrator #4, this section will illustrate technical
prescriptions and operational limitations for the two mass categories: less or equal to 4 kg and up to
25 kg.
Standard Scenario S04: RPAS with a MTOM below or equal to 4 kg, without an inoffensive
nature (art. 12), operated in extra-urban areas and over construction sites or linear infrastructures,
e.g. highways, power lines, railways, gas pipelines
Technical prescriptions: RPAS on-board lights: front-right green light, front-left red light, rear
white light (in the case of night VLOS)
Operational limitations
Flight conditions: VLOS
Maximum Altitude: 150 m in daylight VLOS / 50m in night VLOS
Maximum distance from the pilot: 500 m from the pilot in daylight VLOS / 100m in night VLOS
Maximum speed: 5 m/s
Maximum wind speed: 5 m/s
Minimum buffer size: 30 m (from other buildings/infrastructures)
Minimum buffer size when “geofencing6” function available: 15 m
Minimum buffer size for tethered operations: 5 m
Conditions
Operations should be conducted:
In accordance with the operations manual defined by the operator and the flight manual
provided by the manufacturer
By a pilot with adequate qualification
In accordance with the flight rules and access to the airspace
The operator is responsible to check whether flight limitations are in place in the area of the
operations.
6 A functionality (e.g. on-board software) able to define a fixed area for the operations, preventing the RPA from infringing a predefined volume
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 36 of 47
Standard Scenario S05: RPAS with a MTOM in between 4 and 25 kg, without an inoffensive
nature (art. 12), operated in extra-urban areas and over construction sites or linear infrastructures,
e.g. highways, power lines, railways, gas pipelines
Technical prescriptions
RPAS on-board lights: front-right green light, front-left red light, rear white light (in the
case of night VLOS)
Independent flight termination system, other than the command and control system
Command and control system with geofencing and data link recovery functionalities
Operational limitations
Flight conditions: VLOS
Maximum Altitude: 150 m in daylight VLOS / 50m in night VLOS
Maximum distance from the pilot: 500 m from the pilot in daylight VLOS / 100 m in night VLOS
Maximum speed: 5 m/s
Maximum wind speed: 5 m/s
Minimum buffer size: 50 m (from other buildings/infrastructures)
“Geofencing7” function: active
Command and control link recovery function: active
Minimum buffer size for tethered operations: 5 m
Conditions
Operations should be conducted:
In accordance with the operations manual defined by the operator and the flight manual
provided by the manufacturer
By a pilot with adequate qualification
In accordance with the flight rules and access to the airspace
The operator is responsible to check whether flight limitations are in place in the area of the
operations.
Based on the RPAS chosen for the demonstrator #4, the MOMIT consortium shall be in charge to
verify the compliance with the requirements of the reference standard scenario (respectively S04 or
S05) and initiate the authorization process with ENAC in due time and with adequate resources. If
one or more requirements are not met, the operation will be considered critical and the whole
authorization process, as defined in Art. 10, has to be conducted.
4.2.2 Scenario 2: Demonstrator #5
The demonstrator #5 is quite similar to demonstrator #4 from a regulatory point of view. Anyway, it
is worth to make some considerations specific to this operational scenario, based also on a distinction
between outdoor and indoor operations.
7 A functionality (e.g. on-board software) able to define a fixed area for the operations, preventing the RPA from infringing a predefined volume
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 37 of 47
4.2.2.1 Outdoor operations (bridges)
The case of inspecting electric railway bridges with an RPAS is identical to the demonstrator #4, as
the bridge itself may be considered a critical infrastructure. Therefore, in general, all the
considerations made for that case still apply here. Anyway, an additional consideration may be done
by assuming that the operation is conducted:
under the bridge or over a non-electric railway bridge,
in a non-urban area,
with no possibility to overfly other critical infrastructures, even in case of malfunctions and/or
failures,
with no vehicular/train traffic over/under the bridge.
In the aforementioned case, the operation may be considered non-critical (by Article 9 of the Italian
Regulation), as no critical infrastructure is being overflown. Falling under the category of non-critical
operations instead of standard scenarios for critical operations do not have a substantial impact on the
declaration/authorization process, as most of the documents to be produced and requirements to be
met for the two cases are quite similar, and most of the technical conditions to be met are already
“standard” equipment for professional RPAS (e.g. command and control link recovery, geofencing).
A difference may be found in the requirements for the pilot, as the qualification for critical (even in
standard scenarios) and non-critical operations are different, with different training and proficiency
requirements (Art. 21).
4.2.2.2 Indoor operations (tunnels)
As already recalled by section 3.4.2, RPAS operating inside indoor space, unless what arranged in
art. 10, point 7 the Regulation, are not covered by ENAC. Art. 10, point 7 states that: “to overfly
gathering on persons during parades, sports events or different forms of entertainment or anyhow
areas where there is an unusual concentration of people, is prohibited”.
MOMIT do not foresee any operation over crowds, so there are no regulatory bindings for the indoor
operations. Nevertheless, the development of a risk assessment and its observance during such
operations are strongly recommended. The reference materials to perform such risk assessment is the
same as for the outdoor case.
4.2.3 General provisions
There are some general provisions that apply to all the identified operational scenarios (and to all the
RPAS operations). In the following the ones relevant to MOMIT demonstrators are highlighted:
4.2.3.1 Access to the airspace
The provisions about access to the airspace (art. 24, see 3.4.2.4) imply that the planning of RPAS
operations in MOMIT should include an assessment of the nature of the airspace where the flight will
be conducted. In the case of a controlled airspace (ATZ and CTR are relevant for the considered
altitude) or special areas (restricted or prohibited), some additional procedures are needed, like a
request to access the airspace and/or coordination with the local Air Traffic Service.
The procedures to access the controlled airspaces are defined by ENAC (ref. Circular ATM-05A -
EVENTI E ATTIVITA' SPECIALI INTERESSANTI IL TRAFFICO AEREO) and include, under certain
conditions, the necessity to issue a NOTAM (NOtice To AirMen). NOTAMs are advisories
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 38 of 47
distributed by Aviation Authorities by means of telecommunication that contain information
concerning the establishment, conditions or change in any aeronautical facility, service, procedure or
hazard, the timely knowledge of which is essential to personnel and systems concerned with flight
operations. Procedures, timing and responsibilities related to the issue of a NOTAM in Italy are as
well provided in Circular ATM-05A
4.2.3.2 Urban areas
One of the assumptions made in 4.2.1 and 4.2.2 is the non-urban nature of the overflown area. If the
same operations are envisaged in an urban environment, the requirements become substantially more
stringent (standard scenarios S01 and S02, see section 3.4.2.3). First of all, the maximum allowed
take-off mass drops to 4 kg, then the maximum distance from the pilot drops to 100 m. Keeping in
consideration also the buffer area (30m for S01, 50m for S02) that often results in major limitations
for urban environments, the recommendation for MOMIT is to plan the demonstrators out of urban
areas.
A potential alternative is the use of RPAS with a MTOM of less than 300 gr, as stated by the
Regulation, in Art. 12 (see also 3.4.2.2):
“Specialized operations with RPA with operating take-off mass of less than or equal to 0,3 kg with
rotating parts safeguarded against impacts and having maximum speed less than or equal to 60 km/h
are to be considered non-critical for any operative scenario, without prejudice to provisions laid
down in art 12.2 (gathering of people).”
In practice, very small toy-like RPAS are allowed to be flown in urban areas. Obviously, such small
mass is not compatible with almost any professional payload/sensor. Anyway, in some operational
scenarios where the use of a simple camera8 is enough, this solution may help.
4.2.3.3 E-VLOS
The operations in MOMIT are assumed to be conducted exclusively in VLOS (see section 3.1.2.1).
In the case of operations where the pilot is supported by one or more observers in the duty of avoiding
collisions with obstacles and other airspace users, E-VLOS operations may be envisaged (see section
3.1.2.2). Art. 25 of the Italian Regulation on RPAS provides that “EVLOS operations shall be
authorized by ENAC”, meaning that flying E-VLOS is not permitted in neither standard scenarios,
nor noncritical operations. The possible involvement of observers directly involved in the collision
avoidance has to be carefully evaluated and pondered, as it may lead to an impact on authorization
processes.
4.2.3.4 Insurance
Currently, in Italy (and in the EU), no RPAS shall be operated unless it has in place a third-party
insurance, adequate for the operations and not less than the minimum insurance coverage of the table
in Art. 7 of Regulation (CE) 785/2004 is in place for the operations. For aircraft below 500 kg of
mass, the European Regulation provides for a minimum coverage of 750,000 SDR (special drawing
8 At the day when this report is written, a resolution of 1080 pixel with 30 frames for second is the best performance on the market for such category of
weight.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 39 of 47
rights, a standard currency used in international agreements), that is around 900,000€ the day this
document is being written.
4.2.3.5 Privacy and Data protection
Art. 34 of the Italian RPAS Regulation refers to privacy and data protection, with the following
provisions:
“1. When operations carried out by a RPAS could lead to necessity of the treatment of personal data,
this fact shall be referred to in the documentation submitted for the application of the authorization.
2. Personal data shall be processed pursuant to Decree 30 June 2013 No 196, as amended (Italian
Data Protection Code), with regard to the use of modalities that allow the identification of a person
only upon necessity, pursuant to Art. 3 of the referred Code, as well as in accordance with the
measures and precautions to protect people concerned as prescribed by the Authority in charge of
the protection of personal data.”
Other provisions to be considered about collection, storage and use of personal data protection are
included in the EU Regulation 679/2016 “Protection of natural persons with regard to the processing
of personal data and on the free movement of such data”.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 40 of 47
5 Conclusion and Recommendations
5.1 Guidelines and recommendations for RPAS operations in MOMIT
One of the main objectives of this document is to provide the MOMIT consortium with some
guidelines and recommendations about the regulatory and standardization aspects. They are intended
to feed the design, development and deployment of the solutions, as expected in Work Packages 2, 3
and 4. Some recommendations are also provided to the management and communication activities,
respectively addressed by Work Packages 6 and 5.
The following recommendations and guidelines have been identified during the execution of task
WP1.3, that led to the preparation of the present document:
Use the definitions in Section 3 of this document as a common glossary for the next phases
of the project
Plan RPAS operations in coordination with railway and vehicular traffic in order to minimize
the risk of collision with trains or other vehicles
Consider the regulatory aspects and their evolution during all the design, implementation and
deployment phases of MOMIT
Initiate all the authorization processes in due time (at least two or three months prior to the
foreseen operation)
Allocate adequate resources for the authorization process (around one person/month)
Albeit the analysis of the MOMIT demonstrators in this document (section 4.2) has been
based on the Italian Regulation, most of the considerations remain valid for other EU member
States as European CAAs are moving towards a uniform approach to Regulation of drones
below 150 kg (see section 3.3 and 3.4.1). Nevertheless, in the case of operations conducted
outside Italy, a detailed gap analysis of legal and regulatory requirements should be
conducted, as authorization processes may substantially vary from State to State.
Carry out and keep update a safety risk assessment of all the proposed operations. The
preparation of a suitable and convincing risk assessment is a fundamental safety enabler and
it is mandatory when applying to the competent authorities for an authorization to operate or
a permit to fly. This assessment should be conducted in accordance with the ICAO Doc 9859
Safety management Manual (Chapter 5). Some of the National Civil Aviation Authorities
have issued their own guidelines for safety risk assessment, granting in any case the alignment
with Doc 9859.
Establish and consolidate a process and adequate documentation to support the preparation of
declarations and/or requests for an authorization from the Competent Authority (i.e. ENAC,
Italian CAA).
When communicating and disseminating project activities and results, some emphasis should
be put on regulatory aspects and on the compliance of the proposed solutions to the current
regulations/standards. It will increase project’s visibility (as many European initiatives are
currently focusing on such topic) and will provide convincing evidences of the robustness of
the proposed solutions. Nevertheless, it will demonstrate a certain attention to the aspects of
safety, legality and responsibility, with a positive impact on the public perception of the
project.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 41 of 47
Consider the information provided by this document when analysing project risks and
opportunities, and when defining mitigation actions to tackle the risks and strategies to get the
identified opportunities.
Keep this document alive and establish a process to continuously monitor the evolving
standardization and regulation framework, following the guidelines provided in the next
section.
5.2 Monitoring the evolving regulatory and standardization framework
Sections 3 of this document provided with a general overview of the on-going regulatory and
standardization processes and initiatives related to RPAS. Section 4 provides with a demonstration
of how these aspects may have an impact on MOMIT, in terms of operational feasibility and
requirements. As widely discussed in this document, both the regulatory and standardization
framework are currently at an evolutionary stage of their development, where sudden and remarkable
changes may occur in a relatively short time-frame, with a short advice and with a substantial impact
on the rules of the game. The integration of RPAS within the civil aviation socio-technical system is
made of complex mutual interaction with the other components of such system, therefore changes
and new provisions in fields other than RPAS, may anyway have an impact (e.g. new provisions on
security of satellite communications, new ATM rules and procedures, electromagnetic bands
allocation, etc.).
This section describes the strategy put in place by MOMIT to tackle the challenges and take the
opportunities posed to the project by the evolution and modification of the regulatory and
standardization environment.
5.2.1 Monitoring plan
The MOMIT consortium has defined a process to deal with the evolution of regulatory and
standardization framework.
First of all, a preliminary list of institutions, working groups and initiative worthy of being monitored
has been defined. The list is not meant to be fully exhaustive and fixed for the whole project duration,
rather it is an alive document to be amended, refined and integrated by the consortium to keep it in-
line with the current situation.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 42 of 47
Institution/Group/Initiative Activity - Expected date Relevance for the project
ICAO Completion of ICAO SARPs on
RPAS – 2019?
Very relevant
ICAO Publication of other material (e.g.
2nd version of the RPAS Manual) –
Non-predictable
Relevant
NAAs Amendment of national rules in
the countries of interest – Non-
predictable
Very relevant
ITU Provision of standards about C2L
frequencies – Non-predictable
Relevant
JARUS Publication of new deliverables-
Non-predictable
Relevant
EU, EASA Extension of EASA mandate to
RPAS<150 kg – 2018?
Very Relevant (if
accomplished before end of
the project)
EUROCAE Deliverables of WG-105 Relevant
RTCA, ISO, ASTM New Standards – Non-predictable Maybe relevant
The process is made of three main activities:
1. To monitor all the items in the list, mainly by means of:
official websites and social network accounts of the reference organizations;
specialized newsgroups and newsletters.
2. To assess and evaluate the impact of new (or amended) provisions, rules or standards on
MOMIT operations, using the same approach proposed in Section 3;
3. To propose new (or amended) guidelines and recommendation to the project, as described in
Section 4 e 5.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 43 of 47
Figure 5-1: Process of monitoring of regulatory and standards changes
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 44 of 47
Parent Documents
The parent documents establish the criteria and technical basis for the existence of this document.
[PD1] Shift2Rail Joint Undertaking (S2R JU) – Multi-Annual Action Plan (MAAP) – Rev. 3 –
26/11/2015
[PD2] Shift2Rail Joint Undertaking (S2R JU) – Annual Work Plan 2017 – Version 1.1–
23/12/2016
[PD3] MOMIT – Description of Action (DoA) – GA 777630
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 45 of 47
Applicable Documents
Applicable documents are those documents whose content are considered to form a part of this
document. The specified parts of the applicable documents carry the same weight as if they were
stated within the body of this document.
n.a.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 46 of 47
Reference Documents
Reference documents are those documents that, although not a part of this document, serve to amplify
or clarify its contents, or dictate work policy or procedures.
[RD1] ICAO Doc 10019 – Manual on Remotely Piloted Aircraft Systems
[RD2] ICAO Circular 328 on UAS
[RD3] ICAO Doc 7300 – Chicago Convention
[RD4] EASA Concept of Operations for Drones.
https://www.easa.europa.eu/system/files/dfu/204696_EASA_concept_drone_brochure_we
b.pdf
[RD5] EASA Introduction of a regulatory framework for the operation of unmanned aircraft.
https://www.easa.europa.eu/document-library/opinions/opinion-technical-nature
[RD6] European Commission, Proposal for a Regulation of the European Parliament and of the
Council on Common Rules in the Field of Civil Aviation and Establishing a European Union
Aviation Safety Agency, and Repealing Regulation (EC) No. 216/2008 of the European
Parliament and of the Council (Commission Proposal), COM (2015) 613 final (Dec. 17,
2015), http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A52015PC0613,
archived at https://perma.cc/8YBW-VFNJ
[RD7] Regulation (EC) No. 765/2008 of the European Parliament and Council of 9 July 2008
Setting Out the Requirement for Accreditation and Market Surveillance Relating to the
Marketing of Products and Repealing Regulation (EEC) No. 339/93, 2008 O.J. (L 218) 30,
archived at https://perma.cc/4RYJ-FLSA
[RD8] Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on
a Common Framework for the Marketing of Products, and Repealing Council Decision
93/465/EEC, 2008, O.J. (L 218) 82, http://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX%3A32008D0768, archived at https://perma.cc/PH37-
UGVR.
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Page 47 of 47
Attachments
No attachments
MOMIT - Multi-scale Observation and Monitoring of railway Infrastructure Threats GA No: 777630
Project co-funded by the European Union’s under the H2020 – S2R Programme
D1.3 – RPAS regulatory gaps/barriers – v1.0 Attachments
End of the document