Drones What Could Possibly Go Wrong? - Builders' … PDFs/MCSC...g\unit_shea\2015\drones.pptx\#7007...

$Page 1: Drones What Could Possibly Go Wrong? - Builders' … PDFs/MCSC...g\unit_shea\2015\drones.pptx\#7007 You need to register your aircraft if it weighs between 0.55 lbs. (250 grams) and$
L O C K T O N C O M P A N I E S

Drones—What Could Possibly Go Wrong?

A Discussion of the Legal and Liability Aspects of Operating Drones by Commercial Entities

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What is a “DRONE”

Fixed Wing:

Longer Range

Aerial Mapping

More Expensive

Quad (Multi)-Copter:

Most Common

More Payload

Most Inexpensive

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://www.heliguy.com/blog/2014/11/13/dji-inspire-1-released/&ei=xy13VaycNMGKsAXSp4CwBQ&psig=AFQjCNHdwas9NXjwIkahWJmTqfYawCGpiA&ust=1433960242227342

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Why use a Drone (UAS)?

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https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwj8iPegh57MAhUEVT4KHWaeA9EQjRwIBw&url=https://laraquiphotography.wordpress.com/2015/03/20/ban-of-the-drones/&psig=AFQjCNEpY8g3cZbJiWII0pCPg5HfWnyb7w&ust=1461270548301053

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Practical Uses of a Drone

Three D’s—Work That is Dangerous, Dull or Dirty

Inspections of flare stacks at factories

Bridge inspections

Powerline/pipeline patrol

Security at large facilities

Wildlife conservation/fire patrol

Search and rescue

Cost Effective Aerial Mapping/ Photography

Commercial helicopter = $1,500 per hour

Drone = $1,500 one-time purchase


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Top Industries Using Drones

Agriculture

Film Production

News Media

Real Estate

Construction

Mining

Utilities

Energy


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Legal Timeline of Drones


Oct 2011 The FAA fined a filmmaker $10,000 for “careless or reckless UAS operation” (Pirker) Univ of Virgina

March 2014 NTSB ALJ Dismisses FAA’s $10,000 Civil Penalty Against UAS Operator “No Enforceable FAR” (Pirker)

Dec 2014 FAA announces “333 Exemption” and “Certificate of Authorization (COA)” Process for commercial drone operators as a “Stopgap” measure until the FAA can develop specific UAS rules/regulations.

August 2016 FAA Rules (Part 107) for Business Use of Small UAS operations

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Legal drone operations


https://cmgajcradiotvtalk.files.wordpress.com/2015/01/drone.jpg

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SECOND – The aircraft must be registered with the FAA.


Operating Drones under the FAA rules (Part 107)

FIRST – Operator must obtain a “Remote Pilot Airman Certificate” from the FAA and pass a TSA background Check

THIRD– Must operate in accordance with FAA Rules (Part 107)

October 6 2015 – FAA Fined SkyPan International Inc., $1.9 million penalty for reported 65 illegal flights between March 2012 and Dec. 2014 in Class B Airspace.

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How do you secure a “Remote Pilot Airman Certificate” from the FAA?

Be at least 16 years old

Be vetted by TSA

Passing an initial aeronautical knowledge test at an FAA-approved knowledge testing center (approximately $150 )

Sample Questions:


What is the floor of the Savannah Class C airspace at the shelf area (outer circle)? A)1,300 feet AGL B) 1,300 feet MSL C)4,100 feet MSL

What are characteristics of a moist, unstable air mass? A)Turbulence and showery precipitation B) Poor visibility and smooth air C)Haze and smoke

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Register Your Drone with the FAA


You need to register your aircraft if it weighs between 0.55 lbs. (250 grams) and up to 55 lbs. (25 kg) You will be subject to civil and criminal penalties if you meet the criteria to register an unmanned aircraft and do not register.

$5.00 registration fee

Online Process: https://registermyuas.faa.gov/register You must use the paper (N-number) registration process if • Your unmanned aircraft is 55 pounds or greater • You want to qualify a small unmanned aircraft for operation outside the United

States • You hold title to an aircraft in trust • The small unmanned aircraft owner uses a voting trust to meet U.S. Citizenship

requirements

https://registermyuas.faa.gov/register

https://registermyuas.faa.gov/register

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Operations under Part 107 (Summary)

Unmanned aircraft must weigh less than 55 lbs. (25 kg).

Visual line-of-sight (VLOS) only - unaided

Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.

Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.

No careless or reckless operations.

No carriage of hazardous materials.

Maximum groundspeed of 100 mph (87 knots).

Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure.

Minimum weather visibility of 3 miles from control station.

No operations from a moving aircraft.

No operations from a moving vehicle unless the operation is over a sparsely populated area.


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Operations under Part 107

Most of the restrictions discussed above are “waivable” if the applicant demonstrates that his or her operation can safely be conducted under the terms of a certificate of waiver.


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What about the “333 Exemption” and “COA”? Do those go away?


What happens to my “333 exemption” now that Part 107 rules are in force?

Your Section 333 exemption remains valid until it

expires. You may continue to fly following the conditions

and limitations in your exemption or you may choose to

operate under Part 107 and comply with its requirements.

.

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State/Local Laws


More than THIRTY municipalities have passed their own ordinances/laws regarding the use of drones including: Miami/Chicago/Seattle/Pittsburgh/Los Angeles

• Los Angeles passed an ordinance that approximately mirrors FAA recreational drone guidelines with a punishment for violators of up to $1,000 and six months in jail

FAA RESPONSE: “If municipalities enacted ordinances regulating UAS in the navigable airspace and a significant number of municipalities followed suit, fractionalized control of the navigable airspace could result. In turn, this ‘patchwork quilt’ of differing restrictions could severely limit the flexibility of FAA in controlling the airspace and flight patterns, and ensuring safety and an efficient air traffic flow. A navigable airspace free from inconsistent state and local restrictions is essential to the maintenance of a safe and sound air transportation system.”

Know and understand “Federal Preemption” for the first lawsuit

challenging State/Local law is coming…

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Potential Legal Battle Brewing???


States control Privacy Issues

FAA Controls Airspace

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Safety & Risk Management


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Safety and Risk Management

Select aircraft right for your mission

Size

Flight Duration

Fixed Wing: 40-50 Minutes Per Flight

Rotor Wing: 20-25 Minutes Per Flight

Type of Images to be gathered

Camera

LIDAR

Heat

Operator training

Documented and recurrent

Manufacturer approved (if possible)


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Development of Safety Management System (SMS)

Pre- and post-flight checklists

Logbooks

Weather minimums (wind and visibility)

Operational guidelines (spotter/safety line, etc.)

Flight Tracking Software

Understand FAA Airspace

Corporate policy for handling images captured

Maintenance

Documented

Scheduled


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Lockton Training and Safety Manual – Phantom 3 Professional

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Be a good ambassador for Safe Drone Operations

In public settings , try to inform others you’ll be taking pictures or video of them before you do.

If you believe someone has a reasonable expectation of privacy, secure their permission prior to taking pictures, video, or otherwise gathering sensitive data.

Don’t fly over private property without permission if you can easily avoid doing so.

Don’t gather personal data for no reason, and don’t keep it for longer than you think you have to.

If someone asks you to delete personal data about him or her that you’ve gathered, do so.

If anyone raises privacy, security, or safety concerns with you, try to educate them with what you are doing and how the information will be used. Listen to their concerns as long as they’re polite and reasonable about it.

Treat drones a business tool, not as a toy.


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Drone insurance


http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwih0pnSyqLMAhXJWj4KHclAC38QjRwIBw&url=http://www.droneinjurieslawyer.com/read-me/&psig=AFQjCNG1M8zo9Xn1Pfal6HQmhJ2xCYaaRg&ust=1461426062801393

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Frequently Asked Questions Regarding Drone Insurance

Do I need insurance for my drone?

Do I need to be approved by the FAA to obtain drone insurance?

What would commercial drone insurance cover/not cover?

How much does drone insurance cost?

Does the FAA require we have insurance?


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Do I Need Insurance For My Drone?

Yes; aviation has been and always will be a litigious environment – and the first BIG claim is waiting to happen…


April 17, 2016 -Airbus A320 landing at Heathrow Airport strikes small drone operating near airport.

More than 426,000 people have registered their drones from December 2015

to July 2016. The FAA estimates small, hobbyist UAS purchases may grow

from 1.9 million in 2016 to over 4 million by 2020.

2014 (Feb – Dec) FAA Reported UAS

Encounters

2015 FAA Reported UAS

Encounters

213 1148

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If I need insurance - Where can I find Coverage?


Employee Owned Drones

• Home Owner/ Hobbyiest Policies EXCLUDE coverage for commercial operations (NOT a viable solution)

Hire a Commercial Drone Operator

• Secure evidence of insurance from the commercial operator.

• Treat drone operator just as any other sub-contractor you may hire for your business.

Establish In-House Drone Operations

• Look to GL policy for drone coverage.

• Purchase drone specific liability coverage.

Primary types of Drone Operations

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Where can I find Coverage?

Hire a Professional Contractor to operate it for you.

Require a current and valid certificate of insurance be issued to your business.

The certificate should specifically name your business as an additional insured with respect to liability coverage.

Minimum limits of $1M each occurrence are easily secured. Your specific exposure may require higher limits of liability and should be reviewed closely.

The certificate should specifically include “personal injury” coverage.

The certificate should specifically include “premises liability” coverage.


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Where can I find Coverage?

General Liability Policy Standard coverage only applies while aircraft “is operated per the procedures and

practices specified in the FAA Small UAS Rules”

Liberty Mutual: “When used in compliance with all FAA rules and regulations, unmanned aircraft usage”

AIG: Bodily injury or property damage arising out of the operation of an unmanned aircraft system which (i) is remotely controlled by an operator, (ii) is operated per the procedures and practices specified in the FAA Part 107, (iii) has an airworthiness certificate or an exemption under Section 333 of the FAA Modernization and Reform Act of 2012, and (iv) does not weigh more than ten (10) pounds (hereinafter referred to as Unmanned Aircraft Systems).


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Do I Need to be Approved by the FAA To Obtain Aviation Specific Drone Insurance?

Standard underwriter data needed:

Confirmation your operators maintain “Remote Pilot in Command” certificate and drones are registered with FAA.

Make and model name of drone including size and weight?

Description of area of operation (urban/rural).

Use of operation: mapping; agriculture; law enforcement; aerial survey?

Operators experience level and pilot ratings (if any) & training information

Description of corporate policy for handling of images captured. Are images kept in secured server/password protected laptop? Images reviewed prior to publishing to public (editing images you don’t have authority to make public).


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What Would Aviation Specific Drone Insurance Cover?

Physical Damage

Some insurers willing to provide physical damage on values as low as $1,000.

Standard Rates (10% Rate / 10% Deductible)

Explore adding to Corporate Property Insurance Program (flight coverage excluded)

Liability—Bodily Injury and Property Damage

Drone Liability – arising out of the ownership/operation/use of Drone

Premises Liability – arising out of the operator

Personal Injury - includes: Oral or written publication, in any manner, of material that violates a person’s right of privacy

Up to $10M readily available for any operator

$10M to $25M for available for operators with documented training procedures.


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What Would Commercial Drone Insurance Cover?

Additional Coverages:

Medical Payments

Worldwide Territory

Fire Damage Liability

Coverage includes “All Operations of the Named Insured”

Non-Owned Drone Liability Coverage

Contractual Liability


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Standard Drone Liability Policy Exclusions

Expected or intended injury

Workers compensation (or similar laws) & Employers Liability

Damage to property owned by or in the Care, Custody and Control of the insured -some insurers will remove this exclusion

Discharge of any munitions

Dispensable Loads (releasing anything from the drone)

Consequential Loss

Fines or Penalties from Government Agencies

October 6 2015 – FAA Fined SkyPan International Inc., $1.9 million penalty for reported 65 illegal flights between March 2012 and Dec. 2014 in Class B Airspace. FAA Penalties range from $100 for small entities or individuals to $25,000 per violation for large businesses.


http://skypanintl.com/



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How Much Does Drone Insurance Cost?

Recent Example of Aviation Specific Policy

DJI S1000 (13lbs /purchase price $20,000 / 20 Min Flight Time)

Engineering Firm

Aerial survey

Liability $5MIL

Physical Damage—$20,000

Annual Premium

Liability $5M : $2,500

Hull $20K: $1,500.

Total Premium: $4,000


http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRxqFQoTCNL7o66kn8gCFcpsPgodqloOjA&url=http://www.dji.com/product/spreading-wings-s1000&psig=AFQjCNHUzgrluGkBJGTCvTkLIOQzGS0JOA&ust=1443720564931172

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How Much Does Drone Insurance Cost?

History of Drone Liability Pricing


$-

$1,000

$2,000

$3,000

$4,000

$5,000

$6,000

$7,000

$8,000

$9,000

2014 2015 2016 2017

$1MIL $5MIL $10MIL

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Does the FAA Require We Have Insurance?

No - FAA does not require Drone aircraft operators to maintain insurance.

No mention of insurance requirements within Part 107.

Very likely that operators who are “operating UAS for hire” will need to secure some type of liability coverage (just a commercial aircraft operator is currently required to maintain).


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Resources


Association for Unmanned Vehicle

Systems International

Questions?

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Our Mission

To be the worldwide value and service leader in insurance brokerage, employee benefits, and risk management

Our Goal

To be the best place to do business and to work

www.lockton.com

© 2015 Lockton, Inc. All rights reserved.

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