Recreational adoption is driving the global growth of drones, and their expanding use in sectors like law enforcement, search and rescue, and emergency relief is evolving rapidly. The range of applications is growing at a remarkable pace, evident from the significant increase in patent filings, indicating new ideas and further evolution.
The exponential growth in drone usage worldwide, along with the technology supporting their capabilities and operations, necessitates the ongoing evolution of regulatory frameworks and related security and commercial arrangements, including insurance.Traditionally, drone regulation has primarily emphasized safety concerns, but there is a growing need to give greater attention to privacy and data protection laws.
The law regulating the use of Unmanned Aircrafts (UA) or drones in Rwanda is equally a tight one, requiring every user to first get authorisation from the Civil Aviation Authority (RCAA).
"Any person who operates an unmanned aircraft (UA) without authorization commits an offence," it reads, adding that upon conviction, the person is liable to a jail term ranging between three to five years, and a fine betweenRwf5million to Rwf10million
Why is the use of drones so sensitive? According to the Unmanned Aircraft System Manager at RCAA Andrew Mutabaruka, drones can pose safety risks to aircraft (planes and helicopters), people, and people's properties on the ground "if not safely operated by qualified remote pilots."
"Irresponsible use of drones can subject the public to safety risks such as collision with other aircraft in the Air, falling on people or properties on the ground, and so on. Irresponsible use of drones, including non-compliance with existing laws and regulations governing the use of drones in Rwanda, can lead to enforcement action based on the said laws and regulations to the drone operator or user such as revocation of license, fines, and other actions," he noted.
He added that licenses are required as an assurance that the pilot is qualified to fly safely and are issued based on satisfactory evidence that the pilot has acquired the required level of knowledge to fly a specific drone safely.
In a separate interview with The New Times, Irina Tsukerman, a security lawyer and geopolitical and business analyst and President of Scarab Rising Inc., a security, defence, and business strategic advisory in New York, USA, said that the risks related to drone use can go beyond physical accidents to even jeopardising cybersecurity.
"People sometimes only think about physical accidents that can result from poor maintenance of the drones or poor piloting. But, there are other challenges in cyber security. Most commercial and recreational drones interact with their base using unencrypted communication channels, and this means they could be exploited by cybercriminals who can intercept them and gain access to sensitive data," she noted.
"The cyber criminals can even hijack the drones and use them as suicide drones. Commercial and recreational drones are not quite suited for this, but anything can be turned into a weapon if it is made to crash into people or infrastructure," she added.
In Rwanda, before getting a license to use a drone, the operator may be required to present evidence of completion of any training course in Unmanned Aircraft Systems (UAS), in addition to taking an examination that showcases their knowledge level regarding Rwanda's UAS regulation.
A flight test conducted by the authority for the purposes of establishing the remote pilot's competencies may also be required for the safe operation of the applicable type of Unmanned Aircraft (UA) and its associated control station.
Before issuing the license, the RCAA may consider a number of things including UA type, its intended operations, as well as the proposed system and area of operation.
The RCCA reserves the right to require additional mitigations commensurate with the perceived risk to security, air traffic, ground infrastructure and populations.
Is tight regulation hindering business opportunities?
Drone start-ups are becoming increasingly a growing part of Africa's development and business landscape. Currently, there are a couple of drone-based businesses in Africa and across the world, in sectors ranging from agriculture to mining and tourism.
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However, the potential of drone-based businesses is not yet realised, and this is partly due to tight regulation.
Some of the businesses that are affected include videography. Christian Gakombe, a lecturer of videography in Kigali, told The New Times that the industry in which he works is finding it hard to exploit the opportunities presented by drones, because there are no schools that teach remote piloting in Rwanda, for example.
As such, since the RCAA requires such qualifications, a number of videographers who don't find it easy to travel out of Rwanda for studies, may not get the license.
Talking about the opportunities, Tsukerman said countries face a question regarding how to encourage young people to experiment and learn more about drone technology in a supervised setting where they can make the mistakes "but in a way that does not intrude on the rights of people or cause damage."
