GM1 Article 2(18) Definitions

DEFINITION OF ‘UNINVOLVED PERSONS’ Due to the huge variety of possible circumstances, this GM only provides general guidelines. An uninvolved person is a person that does not take part in the UAS operation, either directly or indirectly, and that could be potentially affected by the UAS operation. Persons protected by a shelter (e.g. a roof) are not considered to be affected by the UAS operation nor exposed to direct risks if the MTOM of the UA is below 25 kg or if the UA complies with the conditions defined in criterion #2 of mitigation M1 of the SORA (refer to point B.2 of Annex B to the SORA). People that sit at a beach or in a park, or walk on a street or on a road, are also generally considered uninvolved persons. A person may be considered to be ‘involved’ in the UAS operation when the following conditions are met. Before the flight, the person:

(a)has given explicit consent (it may be verbal) to the UAS operator or to the remote pilot to be part of the UAS operation (even indirectly as a spectator or just accepting to be overflown by the UAS); and

(b)has received from the UAS operator or from the remote pilot clear instructions and safety precautions to follow in case the UAS exhibits any unplanned behaviour. UAS operators are responsible for ensuring that all persons involved are able to follow in a timely manner the emergency procedures. In principle, in order to be considered a ‘person involved’, one:

(a)is able to decide whether or not to participate in the UAS operation;

(b)broadly understands the risks involved;

(c)has reasonable safeguards during the UAS operations, introduced by the site manager and the aircraft operator; and

(d)is not restricted from taking part in the event or activity if they decide not to participate in the UAS operation. The person involved is expected to follow the directions and safety precautions provided by the UAS operator or the remote pilot, and the UAS operator or the remote pilot should check by asking simple questions to make sure that the directions and safety precautions have been properly understood. It should be reminded that UAS operations over assemblies of people (e.g. sport activities or other mass public events) are never allowed in the ‘open’ category. These operations may be classified as falling into the ‘specific’ or ‘certified’ category, depending on the risk involved. Spectators or any other people gathered for sport activities or other mass public events for which the UAS operation is not the primary focus are generally considered ‘uninvolved persons’. An example: when filming with a UAS at a large music festival or public event, it is not sufficient to inform the audience or anyone present via a public address system, or via a statement on the ticket, or in advance by email or text message. Those types of communication channels do not satisfy the points above. In order to be considered a person involved, each person should be asked for their permission and be made aware of the possible risk(s).