Using Unmanned Air Vehicles (UAV’s) in Real Estate Marketing Toke Adams, Regional Manager, Enforcement Civil Aviation RDIMS 11261141 November 19, 2015 Outline • Objective • Context – What is a UAV? – Who is Transport Canada? – Acts and Regulations • Examples of marketing with a UAV • Considerations before using a UAV • Investigation and Deterrence • Diligence 2 Objective To inform realtors on the regulations related to UAV’s, so they can exercise their due diligence when considering: – operating a UAV themselves for aerial photography and marketing, or – hiring a company to fly a UAV for aerial photography and marketing 3 What is an Unmanned air vehicles (UAV)? 4 Transport Canada, Civil Aviation • What does Civil Aviation do? • • • • We promote the safety of the national air transportation system We are responsible for advancing the safety of civil aviation in Canada. We develop policies, guidelines, regulations, standards and educational materials to advance civil aviation safety in Canada. We verify that the aviation industry complies with the regulatory framework through certifications, inspections and enforcement. • How does this apply to UAV’s? • • In Canada, UAV’s are regulated by Transport Canada. It is illegal to use UAV’s without a Special Flight Operations Certificate unless you are operating under one of the UAV Exemptions. • What does Enforcement do? • • We conduct investigations for alleged infractions to the Aeronautics Act or to the Canadian Aviation Regulations (CARs); and We take the necessary deterrent measures. 5 Acts & Regulations: Current • Aeronautics Act • UAVS are “aircraft” under the definition of the A. Act and are governed by the Canadian Aviation Regulations (CARs). • Canadian Aviation Regulations • • • CAR 101.01: Unmanned air vehicle - means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. CAR 602.41: No person shall operate an unmanned air vehicle in flight except in accordance with a special flight operations certificate or an air operator certificate CAR 603.66: No person shall conduct a flight operation …unless the person complies with the provisions of a special flight operations certificate issued by the Minister pursuant …. 6 Disclaimer The following slides are examples only. They have not been verified to determine if the operators and/or the videos were in accordance with the regulations. No-one is endorsed by Transport Canada 7 Examples of marketing with a UAV: Commercial Aerial Photography Services 8 Examples of marketing with a UAV: Realtors offering aerial photography service As part of our technology strategy and remaining as your #1 choice in Real Estate, we have purchased our very own UAV Drone (Unmanned Aerial Vehicle). This is not just an expensive toy, our drone has a 3,280 feet range a 2K resolution camcorder and requires a flight plan to be filed with transport Canada before use. We will now be able to Market our listings better than ever, creating incredible videos that evoke an emotional response like the one you see below. This is the newest and most sophisticated technology in real estate marketing today. We do not believe in keeping with trends we are creating them. 'Modern Day Marketing Techniques with Old Fashion Service". Does your Realtor Drone? 9 Examples of real estate marketing with a UAV https://www.youtube.com/watch?v=lQWYc50TVs8 https://www.youtube.com/watch?v=WUhoEJtpWNs This video was taken in South Surrey https://www.youtube.com/watch?v=I2eN7XrZNPE&feature=youtu.be 10 Considerations before using a UAV If it’s within 9km of a built-up area, a SFOC will be required 11 Considerations before using a UAV: Special Flight Operating Certificates • SFOCs contain operating conditions and restrictions. • An operator can have either: • A SFOC specific to the activity and location, processed on a case by case basis, or. • A blanket SFOC permitting them to operate for a specific purpose and duration, i.e. Aerial photography for a year, in accordance with the conditions of the certificate. They must have demonstrated competence and the ability to carry out safe operations. – The application must include: • Flight plan • Name of pilot • Security plan • Safety Checklist – Applications take at least 20 business days to process – A typical SFOC is 9 pages long and up to 70 conditions 12 Considerations before using a UAV: Exemptions • Two exemptions to the SFCO requirement have been issued to allow certain lower-risk UAV operations without an SFOC : • 2 kg or less: 37 conditions, including operating within VLOS, away from builtup areas, aerodromes, and groups of people. • 2 to 25 kg: 58 conditions, including a notification requirements and a prohibition on certain payloads, and more prescriptive pilot knowledge requirements. • UAV operators that cannot meet the conditions must apply for an SFOC. 13 Exemption Requirements: UAV’s 2kg or less • Be safe, well trained and know the rules of the sky • Be 18 years old, or at least 16 years old to conduct research under academic supervision • Have at least $100,000 liability insurance • Be alert – not tired or under the influence of alcohol or drugs • Inspect your UAV and site before flight to ensure they are safe • Get permission before you go onto private property • Keep you aircraft in direct line of sight and always be able to see it with your own eyes • Verify that radio frequencies/transmissions won’t affect control of your UAV http://www.tc.gc.ca/media/documents/ca- • standards/Infographic_Permission_to_fly_a_U Have an emergency plan ahead of time Carry a copy ofAV_Print_English.pdf your UAV exemption, proof of liability insurance, contact information, and • aircraft system limitations • Respect laws from all levels of government • Stay at least 30 metres away from people, animals, buildings, structures and vehicles not involved in the operation. • Do not fly closer than 9km from airports, heliports, aerodromes, or built-up areas • Do not fly over military bases, prisons or in controlled or restricted airspace. 14 Lower Mainland Airspace & Aerodromes Restricted airspace http://www3.telus.net/cschwab/viewer/canadian_airspace.html Areas that aren’t shaded are Class G uncontrolled airspace 15 Built-up areas Can you think of a location that is more than 9km from a built-up area? 16 An easy example of Built-up area 17 An example of non-built-up area? http://www.walkerrealestate.ca/showlisting/7145/17911-0-AVENUEHazelmere-South-Surrey-White-Rock/ 18 Investigation & Penalties Investigations: • We investigate UAV activities primarily based on complaints – • We currently have 16 investigations under way We will contact realtors for copies of invoices Penalties: • Oral Counselling: A discussion between an investigator and an individual or entity for educational and awareness purposes • Monetary penalty • • – CAR 602.41 up to $5000 for a person and $25000 for a corporation – CAR 603.66 up to $3000 for a person and $15000 for a corporation Three sanctions have been issued in the last month, one against a realtor. Penalties are published: http://www.tc.gc.ca/eng/civilaviation/standards/standards-enforcementpublications-menu-2963.htm 19 Diligence: What Can You Do? • • • Become familiar with the regulatory requirements and guidance before using a UAV for any marketing purposes Discuss the specific requirements with the homeowner and the operator you are considering hiring If you plan on hiring a person or company to take aerial photography or video with a UAV; • • • • • • • Ask to see a copy of their SFOC and insurance: Be familiar with the conditions of their SFOC, so you know what to expect. Confirm that they will keep the UAV in line of sight, or their SFOC permits a spotter Ask how they will ensure that the safety of persons and property on the ground and other airspace users is not jeopardized If you plan on using a UAV to take aerial photography or video: • Ensure you can meet all of the conditions of the exemption or apply for a SFOC Confirm that you have notified the neighbour’s if it’s likely to fly over their property, due to their potential privacy and safety concerns. Confirm that you meet all other federal and provincial laws, and the City or Municipality bylaws permit the activity 20 Diligence Would you conduct a house inspection yourself? Consider hiring an operator who has a SFOC, who meets all of the current requirements and has the ability to keep up with and address the pending regulatory changes. Do your diligence before operating a UAV. 21 Awareness • New rules are coming in 2017 • Transport Canada will work in collaboration with other agencies and stakeholders (presentations, support,) to increase awareness of the regulations and guidance • Transport Canada’s site www.tc.gc.ca/safetyfirst contains all the information and documents discussed today. • Table /checklist /Frequently Asked Questions: o https://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uav2265.htm o https://www.tc.gc.ca/eng/civilaviation/standards/standards-4179.html 22 Transport Canada Contacts Enquiries • Transport Canada, Civil Aviation Pacific (central email) • CAOPac-OACPac@tc.gc.ca • Transport Canada Enforcement, Pacific • 604-666-5586 (please leave voice mail) • Regional Manager, 604-666-5668, or • Toke.Adams@tc.gc.ca 23