t was recently reported that one U.S. retailer had been ordered to pay a fine of nearly $3 million in connection with the marketing of drone transmitters that operated in unauthorized radio frequency bands. The severity of the fine demonstrates why manufacturers and retailers of drones need to be certain that the products they place on the market are safe and comply with relevant legislation.
One area that has shown considerable promise in recent years has been the expanded use of unmanned aircraft systems (UAS), more commonly known as drones. Until recently, commercially available drones were little more than toys. But that has all changed. By the time the COVID-19 lockdown began, drone technology had advanced to a point where it could successfully and safely deliver life-saving medicines to hospitals while allowing the operators to maintain strict social distancing rules.
Utilizing drones in this way is not just a response to the COVID-19 Pandemic. Indeed, these developments have been in the works for a number of years. One multinational company is so keen to exploit the potential of drones for delivering packages that they already have drone development sites operating in the U.S., United Kingdom, Austria, France and Israel.
Companies are keen to exploit the utility and cost-effectiveness of drones in a number of different theaters. Photography was the initial commercial use because it allowed companies to take photographs in places that would have previously been either prohibitively expensive or impossible. Since then, commercial drone use has expanded to include surveying and mapping, inspecting pipelines, gathering data, search and rescue, tracking criminals, and for checking insurance claims. The agricultural sector has been particularly keen to exploit this technology, using it to monitor animal health, determine weight and movement, survey crops, plan irrigation schemes, and manage pasture and hydration.
Demonstrative of the growth of commercial drone use is the fact that the U.S. Federal Aviation Authority (FAA) originally estimated it would take until 2022 to reach 450,000 commercial drones in the U.S. a number that was actually matched and exceeded by 2019. Contributing factors towards the exponential growth of this emerging technology include:
- Rapid technological advances mean drone users have been able to quickly exploit different commercial opportunities;
- Compactness and relative simplicity make them an attractive option for businesses operating in a wide variety of environments; and
- Cost-effective – analysts have estimated cost savings could easily reach $100 billion.
There are several ways drones have been misused, including spying, flying contraband over borders or into prisons, and damaging property. What really brought drone misuse to the attention of the public, however, was the threat they present to commercial airplanes. Stories of drones being used to disrupt airports have appeared in newspapers all over the world, for example, Newark Airport (U.S.) in January 2019 and Heathrow Airport (UK) in September 2019.
In response to this threat, several countries have introduced, or are preparing to introduce, regulations to curb this misuse. In June 2019, the European Union (EU) became the first region to publish a comprehensive set of rules for ensuring the safe, secure and sustainable use of drones. Regulation (EU) 2019/945 and Implementing Regulation (EU) 2019/947 cover both commercial and leisure use. And, while they do cover product safety, they are equally concerned with the operational use of the drone.
This is something that we see in a number of markets – the conjunction of regulations to control use with additional safety and performance requirements. Perhaps this is a characteristic of all emerging technologies as advances in capability initially outstrip the ability of jurisdictions to regulate them. In many ways, what we are seeing is that these concerns are not related to technology but rather to how the technology is being used. Rather than abandon the technology, we need to rewrite the instruction manual!
It is clear that the authorities drafting regulations have been unable to match the fast rate of growth in the drone sector. For manufacturers of drones looking to operate in these markets, it should be understood that any review of the current regulatory landscape is just a snapshot. As the technology transforms and advances, we can expect new regulations to be introduced to define what is a safe product, and what represents safe and sustainable use.
In the U.S., workplace health and safety are controlled and monitored by the Occupational Safety and Health Administration (OSHA). OSHA has the right to enter any business and can if its inspectors deem the workplace to be unsafe, close it with immediate effect.
When OSHA investigates a business, among the things they will want to see is whether all electrical products are certified by a Nationally Recognized Testing Laboratory (NRTL). However, while the U.S. does have a standard for drones – UL 3030 – it has not yet been adopted by OSHA.
Further, drones do not currently fall under the scope of the Consumer Product Safety Commission (CPSC). However, it is a salutary lesson for drone manufacturers and suppliers to remember that, until a few years ago, hoverboards were also not covered by the CPSC. It then began to emerge that hoverboards were the cause of multiple incidents, including burns and, in one particularly awful incident, a house fire that caused the death of a young girl. It is now a mandatory requirement of the CPSC that all hoverboards supplied in the U.S. must conform to UL 2272.
Therefore, it is not impossible to imagine that the CPSC may require compliance with UL 3030 at some point in the future. At the moment, though, this seems unlikely because much of the debate surrounding drones relates to usage and not product safety.
- Flying safely
- Minimum visibility when flying
- Maximum speed
- Maximum height
Part 107 also covers drone registration, but it does not include requirements that are directly relevant to manufacturers, beyond the limitations it places upon operators in terms of maximum and minimum capabilities.
In that case, the FCC found that the video link between the drone and the operator functioned outside of the frequency bands designated for amateur use. The FCC’s investigation found that the company had marketed at least 65 different transmitter models, none of which had been certified. These products were found to be operating in restricted frequencies, which could cause interference with critical FAA systems. In addition, some models were also found to operate at power levels that exceeded FCC limits, meaning they could interfere with FAA terminal doppler weather radar.
The FCC prohibits drones from using the following radio frequency technologies:
- 6 GHz U-NII devices (a new frequency band, similar to WLAN 5 GHz)
- Ultra-wideband and wideband transmission systems
- 57-71 GHz and 92-95 GHz frequency bands
- ISM bands: 915 MHz, 2.4 GHz, 5.8 GHz
- GPS
- Wi-Fi (WLAN 2.4 GHz and 5 GHz)
- Bluetooth and other 2.4 GHz technologies
However, manufacturers should consider two important points when trying to predict the future direction of regulations in relation to this emerging technology. First, much of the growth in this sector is related to commercial operations and this brings it closer to being adopted by OSHA. Second, as the example of the hoverboard demonstrates, it is not without precedent that the CPSC will mandate a standard if it should prove necessary to protect consumers. In either of these scenarios, it is easy to see that UL 3030 (a standard we currently recommend to clients) might well become mandatory.
UAS, or drones, are defined in the standard as being:
- For outdoor use;
- Less than 55 lbs. (24 kg);
- Provided with an internal lithium ion battery that is charged from an external source; and
- Operating at a voltage of no greater than 100 V dc
- Search and rescue applications
- Video applications for the film industry or news broadcasts
- Agricultural applications
- Scientific or research applications
- Government or local police applications
UL 3030 does not cover:
- Model or hobby UASs which are marketed to and intended to be operated by the general public;
- Aspects of control associated with the human pilot (pilot error), UAS handling, contact or impact of the UAS with external objects, people or structures, adverse weather conditions such as high winds that may affect operation, or the general airworthiness of the aircraft;
- The ability of the UAS to correctly or adequately perform its intended operation;
- The ability of the UAS to land safely if the battery is discharged in flight;
- Physiological effects associated with the use of UASs;
- Devices intended for use in hazardous (classified) locations, which are subject to additional requirements to mitigate risks of fire and explosion;
- UASs used for any military or similar tactical operations;
- The efficacy of UAS communications or the effects of the loss of UAS communication during flight.
- Section 17.2.2 – Individual lithium ion or other lithium-based cells must comply with the requirements for secondary lithium cells in UL 2580, Standard for Batteries for Use in Electric Vehicles, or UL 1642, Standard for Lithium Batteries
- Section 17.2.3 – Battery packs must conform to one of the following:
- UL 2580 – Standard for Batteries for Use in Electric Vehicles
- UL 2271 – Standard for Batteries for Use in Light Electric Vehicle (LEV) Applications
- UL 62133 – Standard for Secondary Cells and Batteries Containing Alkaline or Other Non-Acid Electrolytes – Safety Requirements for Portable Sealed Secondary Cells, and for Batteries Made from Them, for Use in Portable Applications
UL 3030 states that motors located in hazardous voltage circuits must comply with the requirements of both of the following standards:
- UL 1004-1 – Standard for Rotating Electrical Machines – General Requirements
- CSA C22.2 No. 100 – Motors and Generators
Motors that are located in low voltage circuits should either comply with the requirements of UL 3030 or either of the above standards.
In addition to these provisions, UL 3030 also covers a wide range of other construction criteria, including:
- Metallic and non-metallic materials
- Enclosures
- Assembly
- Internal wiring and terminals
- Chargers
- Insulation levels and protective grounding
- Protection circuits and safety analysis
- Printed wiring boards
- Spacings and separation of circuits
- Fuses
- Temperature test (charging and flying)
- Dielectric voltage withstand
- Isolation resistance
- Capacitor discharge
- Vibration
- Strength of enclosures
- Water exposure
- Motor overload
The U.S., like other countries, may soon find that their current legislation is inadequate for this growing market. Its mandatory FAA and FCC requirements only relate to operation and radio frequency technology, but it is possible to see that, as the market expands and new suppliers come online, product safety may become an issue that requires more comprehensive regulation.
UL 3030 is currently only a recommended standard for manufacturers operating in the United States. But there is a real possibility that growth in commercial drone use may lead to its adoption by OSHA. If this happens, then all drones used in the workplace would require NRTL certification.
In theory, this would not affect the sale of non-commercial drones because OSHA has no jurisdiction over the home or the retailer. However, the boundaries between home and workplace are increasingly becoming blurred and electrical products sold in the high street can often be found in both settings. If a non-commercial drone is accidentally supplied for commercial use, then it would need to be NRTL certified and it does not matter where it was purchased.
Manufacturers are therefore advised to consider adopting the UL 3030 standard as part of a pre-emptive risk management strategy to avoid possible future legislative non-compliance.