DRONING IN: ON THE RED DOT
In this article, Piyush Gupta,Head of Aviation & Competition, Singapore provides a brief overview of the latest developments and regulatory changes proposed within the drone-tech space in Singapore to ensure that this ‘Little Red Dot’ becomes a drone hub within the South-East Asian region.
The last decade has seen a significant increase in innovation and commercial interest within the drone-tech space. Earlier drones were primarily used for military purposes, beginning in the early-2010s, a host of new uses were proposed for drones. As a result of their ability to reach the inaccessible places at low costs, drones are now being used by countries and governments for a number of purposes ranging from rescue operations, surveillance, delivering goods to transporting time-sensitive medical supplies.
Suffice to say that drones are being seen by the governments across the world, as an important aid in its policies, both from a commercial as well as non-commercial perspective. Not to mention the plethora of opportunities (and challenges) that are, and will be generated from the commercial usage of drones and one can see why drones are considered the “new frontier”.
Recently, we have seen Singapore taking massive strides towards becoming a pioneer in drone operations and use in a safe, commercially-savvy manner and this article dwells upon the latest developments and regulatory changes proposed within the drone-tech space in Singapore to ensure that this ‘Little Red Dot’ becomes a drone hub within the South-East Asian region.
CHALLENGES
A recent study conducted by drone research and consulting firm – Drone Analyst – identified the top three drivers for the drone industry in 2020, being:
(a)Increased Hardware Competition – Commercial users have, until recently, largely used drones for recreational purposes. Now, new manufacturers and new commercial offerings are being provided to customers with respect to the hardware of the drones. Additionally, even the open-source software companies have started taking interest in this tech space and are increasingly powering newer commercial drone solutions . For instance, the US Company – Freefly Systems – has recently announced a new multi-use enterprise drone for utility, telco, and infrastructure companies, as well as drone service providers and first responders . This means that instead of using different types / categories of drones for different uses, a ‘hybrid’ category has already been developed for multi-functional purposes.
(b)Rising Global Tensions – The U.S.-China trade war could have a major impact on the drone industry. While the Chinese manufacturers have never tried to market their drones to the U.S. defence forces, their products are typically inexpensive and customizable, making them attractive for a number of military operations. Lawmakers subsequently questioned the use of federal funds to purchase Chinese-manufactured drones that hadn’t been designed for a military level of security. Now, many new manufacturers are marketing dual-use commercial drones appropriate for both military and commercial use . This links back to the ‘hybrid’ models that have already made an appearance on the drone-tech landscape.
(c)Improved Autonomy – The ‘night-mode’ function has been around for ages now. When used on a phone, it automatically mutes all incoming calls. On a cuckoo clock, the sensor ‘senses’ night-time and automatically mutes the nightly “cuckoos”!
Similarly, with the technological advancements, the question now is not whether drones can become autonomous, rather a question of how autonomous we want them to be?
While the technology exists, for truly autonomous drones to take wings, adequate and proper regulations are needed. For instance, Remote Identification and Unmanned Traffic Management (UTM) platforms should form the absolute basis on which the implementation of autonomous drone solutions should vest on.
Singapore is pushing towards becoming the world’s first Smart Nation, one that will improve the quality of life for individuals and business opportunities for enterprises, and drones are now a part of the Republic’s Smart Nation initiative .
To establish itself as a drone-hub in the region, Singapore has introduced a slew of new regulations and policies for drone operators and manufacturers. Unsurprisingly, the Singapore Government adopted an evidence-based regulatory approach, wherein drone users were asked to provide proof-of-use of drone technology. This initiative materialised in the last quarter of the previous year (December 2019) when the Air Navigation (101-Unmanned Aircraft Operations) Regulations were introduced.
LEGAL ROAD MAP IN SINGAPORE
The operation of drones in Singapore falls under the purview of the Civil Aviation Authority of Singapore (CAAS) – the same regulator which oversees the operation of aircraft. CAAS takes a serious view of errant unmanned aircraft (UA) operations which pose threats to aviation or endanger the personal safety of others.
In May last year (2019), CAAS set up an Unmanned Aircraft Systems Advisory Panel (UASAP) to review the regulatory framework for Unmanned Aircraft Systems . Upon the recommendations of the UASAP, the Air Navigation (101 – Unmanned Aircraft Operations) Regulations (“Regulations”) were enacted [pursuant to section 3A of the Air Navigation Act (Chapter 6)]. The Regulations came into force on 2 January 2020.
The Regulations list out the regulatory requirements that are needed to be fulfilled in order to operate a drone in Singapore, including the details in respect of registration and permit requirement for drone operations, specifying the ‘no-fly’ zones, as well as providing the penalties for non-compliance with the Regulations by the drone-operators.
Set out below, is an overview of the basic provisions under the Regulations:
(a)At the onset, a person who is 16 years of age and above and who desires to fly a drone, is required to register the drone with the CAAS if the drone weighs over 250 grams and if the intent is to fly the drone in and over Singapore.
(b)For registration of the drone, a person needs to obtain a registration label. Each registration label will contain a unique identification number (UIN) which will be tagged to the respective drone(s) and needs to be stuck at a clear place on the drone.
(c)Effective 1 February 2021, operating a drone weighing from 1.5kg up to 7kg requires the operator to hold a UA Basic Training Certificate issued by CAAS-approved UA Basic Training organisations.
(d)Additionally, with effect from 1 February 2021, to operate drones weighing more than 7kg or for any commercial purpose, the operator shall be required to pass a theory test (administered by CAAS at the Singapore Aviation Academy) and practical test (conducted by an Authorised Flight Examiner within a UA training and assessment organisation (UATO)) and obtain a UA Pilot License.
(e)For entities, groups of individuals found to be in breach of the Regulations shall be penalised with a fine of up to SGD 50,000, or imprisonment not exceeding 2 years, or both for a first offence and up to SGD 100,000, or imprisonment not exceeding 5 years, or both for a second or subsequent offence.
(f)The Regulations also set out certain parameters in respect of ‘No Fly Zones’ in / around Singapore. For instance, flying drones is not allowed within 5kms of an airport or a military base, nor is drone photography permitted in ‘protected areas’. For ease of reference for the drone operators, CAAS has developed an app called “One Map” which shows the map of Singapore and distinguishes the no-fly zones wherein users are not allowed to operate their drone if they do not hold the requisite permits.
Introducing user-friendly laws is one thing. Such laws, however, must go alongside educating the growing base of drone users on the need to follow regulations for safety’s sake. Singapore has a very good track record re legal advocacy. New laws, rules and policies are not just enforced overnight. Rather, users are provided with time and opportunity to understand the implications of any new law and only the repeated violations occurring thereafter, are severely punished.
LATEST DEVELOPMENTS
In recent times, Singapore has seen a surge in the use of drones, primarily for leisure / recreational purposes. The ‘commercial’ drone industry in Singapore is also on the ascent with more companies turning to drones and UAVs for purposes like infrastructure inspection and deliveries.
In March of this year, the Berlin-based food delivery giant – Food Panda – signed an agreement with Singapore Technologies (ST) Engineering to use ST Engineering’s drone network system to test the delivery of “light food items” over distances of up to 3km. This pilot project fructified in August when Food Panda actually used a drone to deliver a fried chicken dish from the Marina South Pier to a ship located 3km offshore .
In fact, at the onset of the pandemic in April, Singapore started deploying drones in remote operations for monitoring crowds, broadcasting warnings, measuring temperatures, remote deliveries of PPE and lab tests. In May, the Singapore Police Force announced that they would use drones to patrol industrial estates during the country’s “circuit breaker” period .
In order to address the impending misuse of drone-tech and to provide transparency and ease of reference to legitimate drone operators, Singapore has reviewed the logistics of drone operation and, in consultation with the requisite stakeholders, established a viable and commercially workable legal roadmap for this sector and has to be commended for its efforts.
For instance drone operations in Singapore shall (from Feb 2021) require users to obtain a license. Such an initiative by the Singapore Government will streamline the entire drone-based regulatory policies and to ensure that the unmanned aerial vehicles can be operated safely and in compliance with the various regulatory conditions.
IN CONCLUSION
As the global effects of Covid-19 persist, drone-driven techniques are being increasingly matched across the agriculture, infrastructure, construction, public safety, and energy industries. Companies throughout those industries have no choice but to maintain the reliability of vast and complex systems, even as they grapple with the health and safety issues imposed on them by the coronavirus. Drones offer them the ability to do highly efficient data gathering, including taking video and photos and using artificial intelligence to do some on-board analysis.
Finally, in conclusion, it may be stated that as with any big disruptive innovation, it is still early days for the drone-tech industry. However, with the plethora of opportunities that this space has the potential of throwing up, a lot more can be done with the objective of making it economically viable in the near future and Singapore is intrinsically placed, both in terms of its geographical location as well as its track record of innovation backed by practical legal and regulatory policies, to not only ‘go where the path may lead, but to forge a new path and leave a trail’ for others to follow within this domain space.
The Author is an aviation expert and heads the aviation and competition practice at Incisive Law LLC in Singapore. Views expressed are of the author he has sourced few information from various media platforms.)
