Drone Certification: the New Regulatory Focus

The time is near when drone operators will no longer dread the topic of regulation and will instead focus on optimizing their drone certification applications. To be clear, the topic of regulation will never be “easy”, and the certification process is still time-consuming. But those who work with drones or at least follow the industry’s development have long been waiting for necessary regulations to be approved and take effect. Considering the latest and upcoming regulatory advancements, the focus will finally begin shifting toward drone certification to carry out advanced operations.

A certification asserts the airworthiness of a particular category of an aircraft/drone or component, according to its manufacturing design and based on national standards. In the grand scheme of things, drone certification has only recently played a role in drone legislation. Before, there were only general rules for the operation of drones (or worse: no defined rules). However, after the development of stricter regulations as well as the introduction of risk classes, drone certification has become an important step for carrying out any advanced drone operation.

 

Today, the certification of drones varies between different operational risks. Generally, low-risk drone operations do not require any drone certification. But the higher the risk, the more likely it is that certification(s) is required. By and large, aviation authorities around the globe tend to follow the lead of either or both the Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA). For low-risk operations in the US, the FAA Part 107 does not require any certified drones because its operational limits are basic. Meanwhile, in Europe, the EASA “open category” requires class-certified drones according to (EU) 2019/945.

 

Nevertheless, most [commercial] drone operations are higher than small risk and therefore do require certification of drones (i.e. type certification), operations, and/or pilots. Interestingly, certification of drone operators and drone pilots themselves is less at the forefront of efforts than drone certification, though operators often still need to at least be registered in some way.

The infographic above describes the path for drone certification in both the US and the EU. Small drones, typically under 25kg, operating within visual line of sight (VLOS), and at an altitude of less than 120 meters, adhere to foundational rules such as the FAA’s Part 107 in the US and the Open Category under EASA regulations in the EU. In the US, these regulations require that the drone fulfill the Remote ID rule and in Europe, they must obtain a certification according to (EU) 2019/945 for classes C0 to C4. Once operations surpass these basic limitations, a comprehensive risk assessment that scrutinizes both air and ground risks associated with the drone’s use is mandated (e.g. SORA).

 

Drone operations are then stratified by risk level. Low-risk activities include VLOS and controlled settings (remote and controlled areas, segregated airspace, etc). In the EU, drones classified as C5 and C6 would require drone class certification according to (EU) 2019/945 if they fall under Standard Scenarios or Predefined Risk Assessments. Unless determined by the competent authority (on a case-by-case basis) low-risk operations do not require additional certification processes beyond remote identification (for both the US and the EU). Note that in many cases the drone and/or pilot will still need to be registered, which is not the same as drone certification.

 

Medium-risk operations often expand the scope to heavier drones (over 25kg/55 lbs.), BVLOS activities, or those that involve flying over people or carrying goods, necessitating additional drone certifications. EASA requires a design verification process (SAIL III and IV) where it also applies the Special Conditions for Light UAS Medium-Risk. Meanwhile, in the US, compliance with the Operation Over People Rule and the D&R (durability and reliability) process are essential. Through the D&R process, applicants demonstrate [with drone type specific airworthiness criteria] that their drone is reliable, controllable, and safe, and provide the FAA basic assurance that the aircraft will operate as intended.

 

High-risk operations, which could involve the transportation of people or hazardous materials, call for even more stringent regulations including “21” design requirements rooted in traditional commercial aviation. These then dive into much more extensive regulatory requirements and paperwork. The infographic provides an overview of requirements for high-risk operations for both EASA and the FAA, though it is always imperative to stay up to date on changes and verify which case may apply to a particular drone or operation.

 

In summary, the evolution of drone regulation over the past 4-5 years shows that the operation of drones would only be possible with classic aviation regulation. In theory, this promises a higher level of safety, but conversely also significantly more organizational and administrative effort (paperwork) for drone manufacturers and operators. Simple and adequate “Means of Compliance” as well as proactive authorities are the keys to success in the drone industry for the near future.