Communique Feb 2018

Droning On

Peter Marshall, NZACS Board Member and MD at Warren & Mahoney, offers the following notes based on W&M’s experience:Architects have begun to adopt the new technologies that are afforded by unmanned aircraft, commonly known as drones and in NZ officially known as Remotely Piloted Aircraft Systems (RPAS).Their main purpose is to provide high-quality aerial site photographs, allowing for visualising proposed building designs within an up-to-date and realistic context. The range of operations and services is significant and can include:

• Aerial footage (used for animated fly-throughs and fly-arounds)
• Aerial 360s
• Short movies of completed projects
• Walk-throughs for realised interior design projects
• Building technical inspections
• 3D site surveys based on matrix of photographs

As expected there are significant rules and regulations surrounding the use of drones. After all they are aircrafts. Most operations that are envisaged are exercised under the Part 101 of CAA regulations, but these are under constant review. Safety considerations include the need to ensure the drone is safe, everyone else in the air space is safe and those on the ground are safe.Rules include:

• Being able to see the drone with your own eyes.
• Being able to fly the aircraft so it is not a hazard to anyone else.
• Drones have to be flown in daylight hours only.
• Drones have to give way to all other aircraft.
• Drones can only fly to a maximum of 120 metres above ground level.
• You cannot fly any closer to an airfield than 4 kilometres.

There are websites with more detailed information such as:

• http://www.caa.govt.nz/rpas/
• www.airshare.co.nz
• http://www.aucklandcouncil.govt.nz/en/parksfacilities/sportrecreation/pages/drones.aspx

From US sources, here are some potential risk management issues to consider:

• Contracted use of drone: does the contract isolate you from adverse risks, is that adequately set out in the contract with the drone operator, do you assume any vicarious liability.
• What regulatory approvals are relevant, and have they been addressed adequately: area of use, operator requirements, health and safety issues.
• Insurance coverage for drone use: potential calamities, consequential effects, specific issues relating to aircraft coverage, adequacy of cover, exposure to uninsured risks, who is the insured, appropriate levels of Public Liability cover.
• Noise and/or invasion of privacy – especially in respect of non-target properties
• Trespass into private or controlled air space
• Who owns the information gathered. Who is responsible for scope, sufficiency, accuracy, digital format and software issues, distribution, interpretation, negligent use, ambiguities and discrepancies.

Footnote:The NZACS Professional indemnity policy has provision for the use of any aircraft that is deemed a ‘Drone, UAV or Model Aircraft’, where used as part of the accepted practice of the profession. Provided it is not used to carry cargo of any nature other than camera equipment; and does not exceed an individual gross weight of 20kg; and is operated by the Insured from a ground based controller.