Some Answers to my call for Drone Regulation
Drones taking off and landing at the Blanchardstown Town Centre
Since my re-election, I have been putting pressure on the new Minister for Transport to bring forward legislation to allow for the regulation of commercial airborne delivery drones. I highlighted this issue in a piece that RTE did recently.
Delivery drones have been operated by a commercial provider, Manna, across Blanchardstown and Castleknock for over a year now. Soon, they will be operating in other parts of the city. This new technology has benefits, but as it spreads to more areas, there is an urgent need for airborne delivery drones to be regulated.
Residents in Dublin West have raise a number of issues with me including:
- Noise pollution, particularly for those estates that are under ‘flight-paths’ that drone tend to travel along
- Lack of clarity about the planning status of drone bases
- Safety and risk of drones colliding, particularly if a second or more provider starts to use them in the area
- Privacy concerns linked to the fact that these drones do have cameras in place to assist with deliveries
I have raised these concerns with the Minister for Transport, and have received a response from him which I include below. While there is a lot of discussion of EU legislation in his response, the key part is his statement that the new Government are “commitment to finalising and implementing a policy framework to guide high-level strategic planning and development of the drone sector in Ireland through supporting growth and innovation while ensuring safe and secure operations and addressing environmental and other concerns”. He also stated that this policy framework will be published “in the coming months”.
I will keep pressure on the Minister about both the timeline for this policy framework and what is actually in it. With commercial drones now being rolled out to other parts of Dublin, it is really important that a regulatory system is put in place for them.
To ask the Minister for Transport if he will commit to bringing forward primary legislation to require the regulation of the commercial operation of airborne drones by private companies for delivery purposes; and if he will make a statement on the matter.
REPLY
The regulation of both the recreational and commercial use of unmanned aircraft systems (UAS - drones) is provided for under European Union regulations that are directly applicable in Ireland.
The primary regulations that govern the use drones are made under Regulation EU 2018/1139 on common rules in the field of civil aviation (known as the Basic Regulation). There are two UAS-specific regulations made under the Basic Regulation namely: Commission Implementing Regulation (EU) 2019/947 on the procedures and rules for the operation of unmanned aircraft and Commission Delegated Regulation (EU) 2019/945 on unmanned aircraft and on third country operators of unmanned aircraft systems.
Regulation (EU) 2019/947 sets operational rules that apply to both professional drone operators and those flying drones for leisure.
Regulation (EU) 2019/945 sets the common EU-wide technical requirements for drones, the features and capabilities that drones must have in order to be flown safely and, at the same time, help foster investment and innovation in this sector, through a harmonised framework across the European Union.
These EU drone regulations are operation centric and focus on the risk of operations, i.e. the requirements for low risk operations are less onerous than for higher risk operations. Under the EU regulatory regime, drones are categorised under three broad types – Open, Specific and Certified - with different regulatory considerations applied across each type.
There is also a European regulatory framework (Regulations (EU) 2021/664, 2021/665, and 2021/666) that allows for the safe development of the drone services market, including drone delivery, and the integration of drones into our airspace. The U-space Regulation (Regulation (EU) 2021/664) emerged to support commercial operations with drones, especially those entailing greater complexity and automation, to provide for the safe integration of a number of drone flights in a volume of airspace. Essentially, U-space is an area of airspace where drone operations may only occur with the support of U-space services. At a minimum these must include network identification, traffic management, flight authorisation and geo-awareness. U-space full services are not envisaged until 2030.
At a national level, S.I. No. 24 of 2023 (Irish Aviation Authority (Unmanned Aircraft Systems (Drones)) Order 2023) came into force on 2 February 2023. It replaces S.I. No. 563 of 2015 (Irish Aviation Authority (Small Unmanned Aircraft (Drones) and Rockets) Order 2015). It restates the investigative and enforcement powers of the Irish Aviation Authority (IAA), the competent authority responsible for the safety oversight of drone activities and operations in the State. It also provides for arrangements between an Garda Síochána and the IAA in relation to enforcement of drone regulations.
In addition to complying with EU drone regulations, drone operators must also comply with national laws, including environmental, planning and privacy laws.
The Programme for Government includes a commitment to finalising and implementing a policy framework to guide high-level strategic planning and development of the drone sector in Ireland through supporting growth and innovation while ensuring safe and secure operations and addressing environmental and other concerns. It is envisaged that the policy framework will be published in the coming months.