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From rule-based to risk-based: what does the EASA legislation mean for the drone industry?

Since Dec. 31, 2020, drones in the Netherlands must comply with European Aviation Security Agency (EASA) legislation. There was a transition period until January 2022 to regulate this. We would like to tell you what the transition to EASA legislation means for Aeroscan.

‍Whatdid Aeroscan have to regulate to comply with EASA legislation?

For starters, all pilots had to get a European pilot's license and the Dutch PH registrations of the drones expired. Instead, we as a company had to apply to the RDW for an Operator Number, which allows us to fly throughout Europe.

In addition, Dutch laws were rule-based: these are the rules and you stick to them. EASA laws are risk-based: there are not many elaborate, specific rules, but you have to describe how you conduct your operation with special attention to all the associated risks and the measures you take to mitigate those risks. We have therefore completely updated and expanded our operations manual (OH).  

However, we describe even more in this than EASA requires. The more you describe procedures and situations in the OH, the safer the operation becomes. We have prepared extensive risk analyses and many scenarios have been worked out.  

The training for pilots has been modified. Everything you describe in your risk analyses must be offered in the training; the training must correspond to reality. This ties in with risk-based: simulate the risk you may encounter in real life and train accordingly. This goes further than under Dutch law. However, we go one step further and train not only the pilots, but also the payload operators and observers: in other words, the entire teams.

What was difficult about the transition?

Because EASA legislation is risk-based and not black and white, only the basics describe exactly how to comply with EASA legislation. But we conduct non-standard operations, such as in urban areas. That's not spelled out concretely, so you have to do your own interpretation of that. Then it's not clear when exactly you comply.

But, during the transition period, EASA itself had not even finished drone legislation. It was dynamic and changed frequently. So, what we had to adhere to was not only unclear, but was constantly changing. At Aeroscan, we were already working at the EASA level and based on that, we worked out ideas. There were times when we couldn't pursue an idea because EASA suddenly thought differently about it. Then we were able to start all over again.

What opportunities does working under EASA legislation offer?

As the drone industry has gone from rule-based to risk-based, many restrictions have been removed. This has created new opportunities for us. For example, the inner ring of Schiphol's CTR (the stretch of airspace directly around the airport), there are a lot of interesting objects there for surveying: this used to be forbidden territory, but under EASA legislation it is accessible.

The new license also allows us to cross borders and fly in all EASA countries. This allows us to accept foreign assignments, which ensures growth of our knowledge and business.

What does Aeroscan think of the new legislation?

In the Netherlands, everything for the drone industry was already well and strictly regulated and that cost a lot of money. Huge costs were involved in the transition and that felt sour at times.

We also found the lack of clarity from EASA annoying, because sometimes we took a path that turned out to be unnecessary: we were working toward a goal and halfway through the process the requirements changed. We threw away a lot of work and time - thus money - because of this. Sometimes something was even blocked completely, because EASA wanted a say in the procedure, but did not yet know how to give them that say. So then we couldn't move forward.

But: we do welcome this transition. The introduction of overarching EASA legislation ensures that all level differences between the separate countries are leveled at a high level, improving safety throughout the EASA area. Also, the transition ensures integration between all EASA countries, making it easy to fly in another country. Third, integration with manned aviation is easier to achieve, allowing drones to fly in the airspace of aircraft and thus fly higher and farther. Our operation will again have more opportunities as a result.

What does working under EASA legislation mean for the future of Aeroscan?

We want to remain a leader in drone operations, so we need to continue to professionalize and develop. Thanks to the EASA legislation, this is possible. There are fewer restrictions than under Dutch legislation and therefore operations are possible that were not possible before. We can fly further and with heavier sensors and even multiple sensors simultaneously. So we can serve more customers and do more for our customers, both in the Netherlands and abroad.  

In addition, we are evolving into a one-stop shop: in whatever way you want help in gathering, processing and presenting data for your customers, we are your partner. Those ways are:

Full outsourcing

You can outsource the complete process to us: from data collection to delivering the final product, a digital twin of your object(s) in our software program Aespect.  

Software as a Service

‍Wehave now developed Aespect so well that we can offer it to you as Sofware as a Service (SaaS) to use yourself. You acquire and process the data, we provide the license to use Aespect. This gives you access to the digital twin of your object(s), which you can use for inspection, sizing and maintenance plans.

Gathering your own data

You can also come to us for equipment to do your own data collection: a drone with a camera, a laser scanner and tablets. The drone can autonomously collect photogrammetry, which makes the process of collection easier and faster. We process your collected data and present it as a digital twin in Aespect.

Aeroscan Academy

In addition to providing you with the equipment, we make sure you get your operator number and can get your EASA certificate. This certificate shows that you have followed the theory on flying drones. But, we also launch the Aeroscan Academy: our practical training for photogrammetric surveying of a property. With this training we teach you how to fly a drone and collect data in practice, so you can do it yourself and no longer have to outsource.  

What is the advantage of these different ways?

Very basic, very simple: money. The technology of gathering data with drones and laser scanners, and eventually having a digital twin - making inspection, sizing and maintenance plans easier and safer - has tremendous value, but is a hefty investment for many companies. The more companies can do themselves, the less cost.  

So thanks to the transition to EASA legislation, Aeroscan has all sorts of opportunities to match what customers need and can invest in, and our customers ultimately reap the benefits.

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