In the field of SAPR - Remote Piloting Aircraft Systems in the last two years there has been an important regulatory production activity at European level and partly also at national level.
In particular, with the entry into force, on 11.09.2018, of the EU Reg. N. 1139/2018, laying down common rules in the field of civil aviation, establishing an EU agency, the European legislator has invested the European Commission with the power to carry out implementing acts (art.57) and delegated acts (art.58), respectively concerning the operation of remotely piloted aircraft and their design, production and maintenance activities.
La DAST - Drones Association for Safety and Training - analyzed the problem through a report in which he carried out the legal analysis of the problem, limited to the exegesis of the implementing act adopted, as well as the relationships between the regulatory act, EU Reg. No. 1139/2018 and the ENAC Reg. APR Ed.3 of 11 November 2019.
With reference to the European implementing legislation, the individual provisions that have aspects have been highlighted do not comply with the full and unconditional respect for the safety principle, as a value transversal to all aeronautical matters.
In terms of national legislation, with a view to preparing a transitional and preparatory regulation with respect to the date of entry into force of European regulation no. 947/2019, ENAC, was adopted on 11 November 2019, edition no. 3 of the Remote Pilot Aircraft Regulation, published on November 14, 2019 and entered into force on December 15, 2019, but with temporal efficacy limited to 30 June 2020.
In the DAST report, a detailed examination was made of the significant safety provisions, verifying the application scope of art. 56 co. VIII EU Reg. 1139/2018 and the effective adoption by the national legislator of measures derogating from the European legislation on the basis of the protection of citizens' security and confidentiality.
The report analyzed the legislation currently in force on remotely piloted aircraft, both at national and supranational level, as well as, from an eminently technical aspect, of the proposed modifications formally presented, although not yet adequately detailed, by the relevant Bodies. with the dual purpose of identifying the most suitable and functional legal and technical path to respect, protect and promote the safety principle, as the cardinal principle of all aeronautical matters in general.
All in line with the now consolidated orientation aimed at introducing the risk management as an essential and preventive element of administrative and legislative action.
In particular, the report specifies, a correct approach to the work aimed at correcting the current legislation must foresee and apply the precepts deriving from the theory of risk in the dual aspect of the history of risk (establish context and identify risks) and del risk governance (treat the identified risks, assess the risks, control the risks): any regulation lacking this necessary support would present pathological elements capable of determining its illegitimacy or ineffectiveness, with consequent obligation to review.
As amply demonstrated and argued in the conduct of the report, the violation of the principle of competence and the reduction of its application extension entails an aggravation of the risk of the occurrence of events detrimental to safety and, consequently, the violation of the rules that positivize the relative principle.
Therefore, in order to achieve an appropriate assessment of the competences of the remote pilots, it could be adopted, analogically, specifies the relationship, the mechanism already provided for the management of vehicles on the ground, through the use of decentralized structures of the Motorization Civil.
In fact, the location of structures throughout the national territory ENAC, where the aspiring remote pilots can perform the theoretical exam online, correctly identified, or carry out practical training sessions within protected areas and with the assistance of qualified instructors equipped with a dual radio control system, would allow the Authority responsible for adequately ascertaining the theoretical and practical skills of the candidates and, at the same time, preserving the safety and confidentiality of the third parties not involved.
Waiting for the realization of a public system of Civil “Aeronautical” engine, the mechanisms used to ascertain the aeronautical skills of the remote pilot of unmanned aircraft, could be restored by relocating the theoretical and practical training activity within the Training Centers, such as decentralized private entities approved by ENAC and deemed suitable for the purpose, as well as through the implementation and implementation, by the competent Authority, of the inspection and periodic verification of the existence of the legitimating requirements of the Training Centers in terms of the suitability of the available facilities and the level of quality of the proposed teaching.
Finally, the report is hoped that the considerations made can be evaluated by the competent Authorities in order to stimulate an urgent and essential legislative amendment activity that is able to fully grasp the important and positive innovations present in European legislation and incorporate them into our legal system. , such as valuable opportunities for the creation and development of a Italian SAPR system.
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https://www.prpchannel.com/wp-content/uploads/2020/04/DAST_Relazione-EURISPES.pdf.pdf