DRONES
Can I fly a drone over nearby superyachts or in a marina?
• Depending on the jurisdiction, it may be possible to bring a claim against the drone operator for trespass or nuisance if your right to quiet enjoyment is violated by an intentional or reckless act of a drone user. • Drone security companies can also provide practical solutions to prevent drones flying over your superyacht. Don’t attempt to disable the drone or interfere with any equipment on it, such as cameras or recording devices, as doing so is likely to amount to criminal damage.
The use of drones on and around superyachts has increased dramatically in recent years. The location of the superyacht (whether it is in international waters or territorial waters) as well as the flag of the superyacht determines the laws and regulations a drone operator should comply with.
• Again, you should check the latest rules that apply in the jurisdiction you will be operating the drone. • In the EU and the UK, even low risk flights are subdivided into further categories which have their own set of requirements, ranging from permitting drones to fly over people, but not over assemblies of people, to permitting drones only to fly far from people. It is important to identify the sub- category of operation your activities will fall under, to determine which rules apply to you and the type of training the remote pilots need to take. • The FAA rules permit drone users in the US to fly drones over people in limited circumstances depending on the level of risk presented to people on the ground.
Are there rules that apply to using a drone on a superyacht?
• You can fly a drone in the UK provided that you follow all the rules set by the Civil Aviation Authority (CAA). The rules changed on 31 December 2020 to align the UK with the European Aviation Safety Agency with the idea of creating a free circulation of drones with Europe. For drones between 250g and 25kg, the CAA requires you to take an online safety test and to register as an operator in order to fly. Drones must be labelled with your operator ID number. • In the US, the Federal Aviation Administration (the FAA) rules apply to drone users in the US or on US flagged superyachts in international waters. If the drone is used for commercial purposes, it must be registered with the FAA and the pilot must pass an aeronautical knowledge test at an FAA approved centre. There are specific rules for recreational drone users (i.e. where flights are purely for fun or personal enjoyment) and recreational flyers are still encouraged to take and pass a recreational safety test.
• You should always check the latest rules that apply in the jurisdiction you will be operating the drone. • Within the EU, EU Regulations 2019/947 and 2019/945 apply to the operation of drones in European skies. The rules do not distinguish between leisure or commercial activities but take into account the weight and specifications of the drone and the operation it is intended to undertake. For low risk usage, no authorisation is required before starting a flight however for riskier operations the drone operator may require an operational authorisation from the national competent authority before starting the operation and certification of the drone operator and the aircraft may be required.
How can I stop a drone flying over my superyacht?
• In the first instance, report the incident to the relevant authorities. If the drone operator has not complied with the relevant rules and regulations regarding drone use the authorities should address this.
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