On November 28, the International Organization for Standardization (ISO) released the first ever draft global standard for unmanned aircraft systems (UAS) operations. The standard, titled Draft International Standard for Unmanned Aircraft Systems Operations, represents an important step in standardizing UAS operations around the world. Although ISO will publish the standard for global adoption starting in 2019, compliance is not mandatory. The standard is nevertheless important because the Federal Aviation Administration (FAA) and sister agencies worldwide will likely use it as a foundation for future rulemaking. Operators, service providers, and manufacturers should thus strongly consider early adoption of the standard in preparing for forthcoming regulation.

The draft, ISO 21384-3, is the first in a four-part series of UAS standards that ISO is currently developing. The next three draft standards are to address general specifications, manufacturing, and unmanned traffic management. This maiden draft addresses operational procedures, making it particularly relevant to anyone who operates UAS for commercial purposes. The draft standard covers safety, autonomous operations, data protection, and overall operational etiquette.

The standard, not surprisingly, first directs UAS operators to follow the existing statutes and regulations of the operators’ jurisdictions. But it also provides guidance for use in the absence of specific regulations. For instance, for commercial operators in the United States flying under the FAA’s Small UAS Rule (Part 107), the standard includes recommendations for properly logging flights, implementing a safety management system, employing training and maintenance standards, and updating UAS hardware and software. Many commercial UAS operators agree that those subjects are valuable and important for the continued development of the UAS industry, but the FAA has not yet addressed them in a formal rulemaking. The ISO draft standard may prompt reconsideration of the value of (or need for) formal rules in these areas and others it covers.

The ISO has invited drone professionals, academics, businesses, and the general public to submit comments on the draft standard. Those comments are due by January 21, 2019. Given the likelihood that the draft standard will influence upcoming FAA rules, among others, businesses that utilize UAS technology would be well-advised to review the draft standard and consider what comments they might contribute. Even businesses that do not yet employ UAS technology would be well served to focus, since new applications for UAS are rapidly emerging in a host of industries, including in the agricultural, maritime, insurance, construction, and energy sectors.

 

Safe drone implementation is transforming businesses and municipalities, resulting in significant cost savings, improved workplace safety, and more reliable work product. A standards-led adoption of drone technology promises to allow commercial operators to integrate drone operations into their business models safely and confidently.

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Photo of Scott L. Winkelman Scott L. Winkelman

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s…

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s New York office and its Regulatory initiative.

Scott represents clients in class actions, force majeure and other contract disputes, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.

Scott represents clients in agency proceedings before the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and related product regulatory bodies, including in connection with four of the largest automotive recalls in United States history.

Scott conducts product and business risk assessments; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.

Scott is a certified “black belt” in Six Sigma methodology and brings project efficiencies to his client engagements.

Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events, they stand tallest.”

Since 1997, Scott has been selected by his peers for inclusion in The Best Lawyers In America as a “Best Lawyer” in the area of product liability litigation, and has been ranked in Super Lawyers.

Scott served as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.

Photo of Cheryl A. Falvey Cheryl A. Falvey

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with…

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children’s Online Privacy Protection Act, the FTC’s Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal’s 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm’s D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

Photo of Mary-Caitlin Ray Mary-Caitlin Ray

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation…

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation challenges. She has significant experience advising clients on the impacts of and solutions for emerging technologies in the aviation sector, including uncrewed aircraft systems (UAS or drones) and electric vertical takeoff and landing (eVTOL) aircraft.

Mary-Caitlin’s practice spans the crewed and uncrewed side of the aviation world.

She has advised Fortune 500 flight departments, high net worth individuals, and manufacturers and suppliers on regulatory concerns related to the operation and production of aircraft, including complex issues related to permitted compensation, pilot licensing, operating structures such as dry leasing, timesharing and fractional ownership agreements, and emergency and Letter of Investigation response related to quality escapes and incidents. She also represents clients in the acquisition and sale of business aircraft, including cross-border transactions requiring the export or import of aircraft.

Mary-Caitlin counsels drone and eVTOL manufacturers, operators, and owners on all aspects of FAA regulatory compliance, including the business impacts of the evolving global regulatory framework for emerging aviation technologies. She also advises drone manufacturers and operators developing internal aviation-related corporate policies and best practices.

Mary-Caitlin has significant experience advising investors on the regulatory implications of investment into a wide array of aviation-related businesses, including MROs, manufacturers (including eVTOL manufacturers), and businesses that own and/or operate aircraft.