UAS.SPEC.050 Responsibilities of the UAS operator

OPERATIONAL PROCEDURES

(a)The UAS operator should develop procedures as required by the standard scenario (STS) or by the operational authorisation.

(b)If a UAS operator employs more than one remote pilot, the UAS operator should:

(1)develop procedures for UAS operations in order to coordinate the activities between its employees; and

(2)compile and maintain a list of their personnel and their assigned duties.

(c)The UAS operator should allocate functions and responsibilities in accordance with the level of autonomy of the UAS during the operation.

OPERATIONAL PROCEDURES The UAS operator should develop operational procedures based on the manufacturer’s recommendations, if available. When the UAS operator is required to develop an OM in accordance with point UAS.SPEC.030(3)(e), the procedures should be included in that manual.

PROCEDURES TO ENSURE THAT ALL OPERATIONS ARE IN COMPLIANCE WITH REGULATION (EU) 2016/679 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA The UAS operator is responsible for complying with any applicable European Union and national rules, in particular, with regard to privacy, data protection, liability, insurance, security and environmental protection. This GM has the purpose of providing guidance to the UAS operator to help them to identify and describe the procedures to ensure that the UAS operations are in compliance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Notes:

1.For guidance regarding the identification of the privacy risks of your operation, please check: The DR PRO online training course (the link is temporary unavailable): Module 1 — Privacy risks in context; and The DR PRO Privacy-by-Design Guide: Privacy risks and safeguards in drone manufacturing (page 10).

2.For more information about definitions of personal data, please check: The DR PRO online training course (the link is temporary unavailable): Module 2 – What is personal data? and The DR PRO Privacy Code of Conduct: 3. Glossary. ‘Data controller’ means that you make decisions about what personal data is collected and how it is collected, processed and stored. ‘Data processor’ means that you follow instructions from another entity on collecting, processing and storing personal data. For more information about your potential role as data controller or data processor, you can check: The DR PRO online training course (the link is temporary unavailable): Module 2 – Data protection Roles; and The DR PRO Privacy Code of Conduct for the responsibilities of data controllers.

3.For more information about when and how to conduct data protection impact assessments please check: The DR PRO Data Protection Impact Assessment template

4.For more information about how to inform data subjects about your activities you can check: The DR PRO Privacy Code of Conduct: 4.3.2 Act visibly and transparently; The DR PRO online training course (the link is temporary unavailable): Module 3 – Carry out your operation; and The DR PRO Pre-flight checklist (the link is temporary unavailable)

5.For more information about the data minimisation principle, please check: The DR PRO Privacy Code of Conduct: 4.3.1 Minimise the impact on people’s privacy and data protection; The DR PRO Privacy-by-Design Guide: Drone Privacy Enhancing Software Features; and The DR PRO online training course (the link is temporary unavailable): Module 3 – Risk mitigation strategies.

6.For guidance on the secure storage and access to personal data, please check: The DR PRO Privacy Code of Conduct: 4.4.2 Handle data securely; The DR PRO online training course (the link is temporary unavailable): Module 2 – How should personal data be handled? and The DR PRO Privacy-by-Design Guide: Drone Privacy Enhancing Software Features.

7.For more information about the rights of data subjects, please check: The DR PRO Privacy Code of Conduct: 4.3.3 Respect the rights of individuals; and The DR PRO online training course (the link is temporary unavailable): Module 2 – How should individuals be treated?

LEVEL OF AUTONOMY AND GUIDELINES FOR HUMAN-AUTONOMY INTERACTION The concept of autonomy, its levels and human-autonomous system interactions are currently being discussed in various domains (not only in aviation), and no common understanding has yet been reached. Guidance will therefore be provided once this concept is mature and globally accepted. Nevertheless, the risk assessment of autonomous operations should ensure, as for any other operations, that the risk is mitigated to an acceptable level. Besides, it is expected that autonomous operations or operations with a high level of autonomy will be subject to authorisation and will not be covered by STSs until enough experience is gained.

THEORETICAL KNOWLEDGE SUBJECTS FOR THE TRAINING OF THE REMOTE PILOT AND ALL PERSONNEL IN CHARGE OF DUTIES ESSENTIAL TO THE UAS OPERATION IN THE ‘SPECIFIC’ CATEGORY

(a)The ‘specific’ category may cover a wide range of UAS operations with different levels of risk and a wide range of UAS designs, in particular in terms of level of automation. The following guidelines may, therefore, have to be adapted considering the level of automation and the level of involvement of the remote pilot in the management of the flight. The UAS operator is, therefore, required to identify the competency required for the remote pilot according to the outcome of the risk assessment. This AMC covers the theoretical knowledge subjects while AMC2 UAS.SPEC.050(1)(d) covers the practical knowledge subjects applicable to all UAS operations in the ‘specific’ category. In addition, for both theoretical and practical knowledge subjects, the UAS operator should select the relevant additional modules from AMC3 UAS.SPEC.050(1)(d), as applicable to the type of the intended UAS operation. The UAS operator should achieve a level of robustness consistent with the assurance integrity level (e.g. SAIL) of the intended UAS operation.

(b)Additional topics to cover areas under national competence, such as national regulations for security, privacy and data protection, may be added by the national competent authority. In case of operations conducted in a MS other the State of registration, these additional topics may be defined as local conditions required by the MS of operation.

(c)When the UAS operation is conducted according to one of the STSs that are listed in Appendix 1 to the Annex of the UAS Regulation, the UAS operator should ensure that the remote pilot has the competency that is defined in the STSs. In all other cases, the UAS operator should propose to the competent authority, as part of the application, a theoretical knowledge training course for the remote pilot based on the elements that are listed in AMC1 UAS.OPEN.020(4)(b), in UAS.OPEN.040(3), in AMC1 UAS.OPEN.030(2)(c) and in Attachment A to the Annex of the UAS Regulation, which are relevant for the intended operation, complemented by the elements listed below. The UAS operator may use the same listed topics to propose also for the personnel in charge of duties essential to the UAS operation a theoretical knowledge training course with competency-based theoretical training specific to the duties of that personnel.

(1)Aviation safety:

(i)remote pilot records;

(ii)logbooks and associated documentation;

(iii)good airmanship principles;

(iv)aeronautical decision-making;

(v)ground safety;

(vi)air safety;

(vii)air proximity reporting; and

(viii)advanced airmanship:

(A)manoeuvres and emergency procedures; and

(B)general information on unusual conditions (e.g. stalls, spins, vertical lift limitations, autorotation, vortex ring states).

(2)Aviation regulations:

(i)introduction to the UAS Regulation with focus on the ‘specific’ category;

(ii)risk assessment, introduction to the SORA; and

(iii)overview of the STSs and the PDRA.

(3)Navigation:

(i)navigational aids (e.g. GNSS) and their limitations;

(ii)reading maps and aeronautical charts (e.g. 1:500 000 and 1:250 000, interpretation, specialised charts, helicopter routes, U-space service areas, and understanding of basic terms); and

(iii)vertical navigation (e.g. reference altitudes and heights, altimetry).

(4)Human performance limitations:

(i)perception (situational awareness in BVLOS operations);

(ii)fatigue:

(A)flight duration within work hours;

(B)circadian rhythm;

(C)work stress;

(D)vision problems; and

(E)commercial pressure;

(iii)attentiveness:

(A)eliminating distractions; and

(B)scan techniques;

(iv)medical fitness (health precautions, alcohol, drugs, medication, etc.); and

(v)environmental factors such as vision changes from orientation to the sun.

(5)Airspace operating principles:

(i)airspace classifications and operating principles;

(ii)U-space;

(iii)procedures for airspace reservation;

(iv)aeronautical information publications (AIPs); and

(v)NOTAMs.

(6)General knowledge of UASs and external systems that support the operation of UASs:

(i)differences between autonomy levels (e.g. automatic versus autonomous operations);

(ii)loss of signal and system failure protocols — understanding the condition and planning for programmed responses such as returning to home, loiter, landing immediately;

(iii)equipment to mitigate air and ground risks (e.g. flight termination systems);

(iv)flight control modes;

(v)the means to monitor the UA (its position, height, speed, C2 link, systems status, etc.);

(vi)the means of communication with the VOs; and

(vii)the means to support air traffic awareness.

(7)Meteorology:

(i)obtaining and interpreting advanced weather information:

(A)weather reporting resources;

(B)reports;

(C)forecasts and meteorological conventions appropriate for typical UAS flight operations;

(D)local weather assessments (including sea breeze, sea breeze front, and urban heat island);

(E)low-level charts; and

(F)METAR, SPECI, TAF;

(ii)regional weather effects — standard weather patterns in coastal, mountain or desert terrains; and

(iii)weather effects on the UA (wind, storms, mist, variation of wind with altitude, wind shear, etc.).

(8)Technical and operational mitigation measures for air risks:

(i)operations for which airspace observers (AOs) are employed; and

(ii)principles of detect and avoid (DAA).

(9)Operational procedures:

(i)mission planning, airspace considerations, and site risk assessment:

(A)measures to comply with the limitations and conditions applicable to the operational volume and to the ground risk buffer for the intended UAS operation;

(B)UAS operations over a controlled ground area;

(C)BVLOS operations;

(D)use of UA VOs;

(E)importance of on-site inspections, operation planning, pre-flight and operating procedures;

(ii)multi-crew cooperation (MCC):

(A)coordination between the remote pilot and other personnel (e.g. AOs) in charge of duties essential to the UAS operation;

(B)crew resource management (CRM):

(a)effective leadership;

(b)working with others.

(10)Managing data sources regarding:

(i)where to obtain the data from;

(ii)the security of the data;

(iii)the quantity of the data needed; and

(iv)the impact on the storage of data

(c)emergency response plan (ERP) — the UAS operator should provide its personnel with competency-based theoretical training covering the ERP that includes the related proficiency requirements and recurrent training.

(d)Both the training and the assessment should be appropriate to the level of automation of the intended UAS operation.

PRACTICAL-SKILLS TRAINING FOR THE REMOTE PILOT AND ALL PERSONNEL IN CHARGE OF DUTIES ESSENTIAL TO THE UAS OPERATION IN THE ‘SPECIFIC’ CATEGORY

(a)Regarding the practical-skills training and assessment for the remote pilot, the UAS operator should consider the competencies that are defined in AMC2 UAS.OPEN.030(2)(b), complemented by the items listed below. The UAS operator should adapt the practical-skills training to the characteristics of the intended UAS operation and the functions available on the UAS. The UAS operator may use the same listed topics and may provide a practical training course also for all other personnel in charge of duties essential to the UAS operation. Appropriate simulators may be used to conduct some or all the tasks.

(1)Preparation of the UAS operation:

(i)implement the necessary measures to comply with the limitations and conditions applicable to the operational volume and to the ground risk buffer for the intended UAS operation in accordance with the OM procedures;

(ii)follow the necessary procedures for UAS operations in controlled airspace, including a protocol to communicate with the ATC and obtain clearance and instructions, if necessary;

(iii)confirm that all necessary documents for the intended UAS operation are on-site;

(iv)brief all participants on the planned UAS operation;

(v)perform visual airspace scanning; and

(vi)if AOs are employed, place them appropriately and brief them on the deconfliction scheme that includes phraseology.

(2)Preparation for the flight:

(i)ensure that all safety systems and functions, if installed on the UAS, including its height and speed limitation systems, flight termination system, and triggering system, are operational; and

(ii)know the basic actions to be taken in the event of an emergency, including issues with the UAS, or a mid-air collision hazard arising during the flight.

(3)Flight under abnormal conditions:

(i)manage a partial or a complete power shortage of the UA propulsion system, while ensuring the safety of third parties on the ground;

(ii)manage a situation of a non-involved person entering the operational volume or the controlled ground area, and take appropriate measures to maintain safety; and

(iii)react to, and take the appropriate corrective actions for, a situation where the UA is likely to exceed the limits of both the flight geography (contingency procedures) and of the operational volume (emergency procedures) as they were defined during the flight preparation.

(4)In general, emphasis should be placed on the following:

(i)normal, contingency, and emergency procedures;

(ii)skill tests combined with periodic proficiency checks;

(iii)operational experience (with on-the-job training counting towards proficiency);

(iv)pre-flight and post-flight procedures and documentation;

(v)recurrent training (UAS / flight training device (FTD)); and

(vi)remote pilot incapacitation.

(b)The practical-skills training may be conducted with the UAS or on an FTD. Scenario-based training (SBT) with highly structured, real-world experience scripts for the intended UAS operation should be used to fortify personnel’s learning in an operational environment and improve situational awareness. SBT should include realistic normal, abnormal, and emergency scenarios that are drafted considering specific learning objectives.

(c)The practical-skills training is checked during the assessment and can be provided using the actual UAS or an FTD appropriate to the intended UAS operation.

(d)Initial and recurrent training

(1)The UAS operator should ensure that specified minimum requirements regarding the time of the initial and recurrent training (e.g. duration and number of flight hours) are provided for in a manner that is acceptable and approved by the competent authority.

(2)Depending on the training course, each of the topics shown in Table 1 below may require only overview training or in-depth training. In-depth training should be interactive and should include discussions, case-study reviews, and role play, as deemed necessary to enhance learning. In case of change or update of the SW/HW of the UAS, depending on the size of the changes, the UAS operator should define the level of training.

Table 1 — Level of the practical-skills training in several topics depending on initial training, recurrent training, or change of UAS / remote pilot / remote crew

UAS OPERATION-SPECIFIC ENDORSEMENT MODULES Depending on the type and risk of the intended UAS operation, the UAS operator may propose, as part of the application for an operational authorisation, additional theoretical knowledge training in combination with the practical-skills training that is specific to the intended UAS operation as described in the OM. The practical-skills training should at least contain the practical competencies that are described in AMC2 UAS.OPEN.030(2)(b) ‘UAS operations in subcategory A2’, which may include relevant emergency and contingency procedures. However, the UAS operator may adapt that training to the level of automation of the UAS. During the practical-skills training, the remote pilot should list the relevant emergency and contingency procedures, which are defined in the OM and are peculiar to flight over known populated areas or over assemblies of people or increased air risk, in a given area of operation, and should describe the basic conditions for each kind of emergency as well as the related recovery techniques to be applied during flight for the emergencies that are defined in the OM. Depending on the criticality of the situation and on the available time to react, the remote pilot should memorise some procedures, while for other procedures, they may consult a checklist. The emergency and contingency procedures may involve also other personnel; in that case, the UAS operator should define the practical-skills training needed for them. The remote pilot only needs to complete the relevant operation-specific endorsement modules that reflect the intended UAS operation. For example, in case of transport of cargo, the remote pilot should complete the related training module ‘Transport and/or dropping of cargo’; however, if the cargo contains dangerous goods, then the remote pilot should also complete the training module ‘Transport of dangerous goods’. The assurance level of the operation-specific endorsement modules is determined by the related assurance integrity level (e.g. SAIL) according to the respective specific operational risk assessment. Relevant UAS operation-specific endorsement modules should be reflected in the documentation of the remote pilot’s competencies. The following UAS operation-specific endorsement modules and the areas to be covered are recommended:

(a)night operations;

(b)overflight (flight over known populated areas or over assemblies of people);

(c)BVLOS operations;

(d)low-altitude (below 500 ft) operations;

(e)flights in non-segregated airspace;

(f)transport and/or dropping of cargo;

(g)transport of dangerous goods;

(h)operations with multiple UASs and swarms;

(i)UA launch and recovery using special equipment;

(j)flying over mountainous terrain. Note: The ‘Rationale’ in grey-font italics under the ‘Learning objectives’ column is provided for explanatory purposes and does not form part of the proposed rule text.

COORDINATION OF THE UAS OPERATOR WITH THE DESIGNATED ENTITY(IES) For UAS operations that require an operational authorisation, the training of the remote pilots must be provided in coordination with the entity(ies) that is (are) designated by the competent authority, only if the competent authority has nominated entities that meet the applicable criteria to provide the required training. If the competent authority has not designated any entity, then such coordination is not required.

LOGGING OF FLIGHT ACTIVITIES AND RECORD-KEEPING

(a)An acceptable means to log and record the flight activities is to use a logbook, which may be electronic.

(b)The information to be recorded should be indicated in the declaration or in the operational authorisation, which may include the following:

(1)the identification of the UAS (manufacturer, model/variant (e.g. serial number); NOTE: if the UAS is not subject to registration, the identification of the UAS may be done using the serial number of the UAS.

(2)the date, time, and location of the take-off and landing;

(3)the duration of each flight;

(4)the total number of flight hours/cycles;

(5)in the case of a remotely piloted operation, the name of the remote pilot responsible for the flight;

(6)the activity performed (add the reference to the STS or the authorisation number, as applicable);

(7)any significant incident or accident that occurred during the operation;

(8)a completed pre-flight inspection;

(9)any defects and rectifications;

(10)any repairs and changes to the UAS configuration; and

(11)the information required to comply with UAS.SPEC.100.

(c)Records should be stored for 2 years in a manner that ensures their protection from unauthorised access, damage, alteration, and theft.

(d)The logbook can be generated in one of the following formats: electronic or paper. If the paper format is used, it should contain, in a single volume, all the pages needed to log the holder’s flight time. When one volume is completed, a new one will be started based on the cumulative data from the previous one.