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2015 FALL CONFERENCE & TRAINING SEMINAR Drone Technology, Utilization and Risks Richard A. Spiers, CPCU, ARM, ARe Vice President - Claims.

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Presentation on theme: "2015 FALL CONFERENCE & TRAINING SEMINAR Drone Technology, Utilization and Risks Richard A. Spiers, CPCU, ARM, ARe Vice President - Claims."— Presentation transcript:

1 2015 FALL CONFERENCE & TRAINING SEMINAR Drone Technology, Utilization and Risks Richard A. Spiers, CPCU, ARM, ARe Vice President - Claims

2 2015 FALL CONFERENCE & TRAINING SEMINAR Proprietary Notice Proprietary Notice The material contained in this presentation has been prepared solely for informational purposes by Genesis Management and Insurance Services Corporation. The material is based on sources believed to be reliable and/or from proprietary data developed by Genesis, but Genesis does not represent as to its accuracy or its completeness. The content of this presentation is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. The material contained in this presentation has been prepared solely for informational purposes by Genesis Management and Insurance Services Corporation. The material is based on sources believed to be reliable and/or from proprietary data developed by Genesis, but Genesis does not represent as to its accuracy or its completeness. The content of this presentation is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Disclosure Disclosure Genesis Insurance Company is licensed in the District of Columbia, Puerto Rico and all states. Genesis Insurance Company has its principal place of business in Stamford, CT and operates under NAIC Number 0031-38962. Genesis Insurance Company is licensed in the District of Columbia, Puerto Rico and all states. Genesis Insurance Company has its principal place of business in Stamford, CT and operates under NAIC Number 0031-38962. 2 Proprietary Notice and Disclosure

3 2015 FALL CONFERENCE & TRAINING SEMINAR Overview Legal Framework for UASs Drone/UAS Basics Utilization & Risks

4 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Basics What are Drones? What are Drones? Unmanned Aerial Vehicles (UAV)Unmanned Aerial Vehicles (UAV) Unmanned Aerial Systems (UAS)Unmanned Aerial Systems (UAS) Student Unmanned Aerial System (SUAS)Student Unmanned Aerial System (SUAS) Remote Piloted Aircraft Systems (RPAS)Remote Piloted Aircraft Systems (RPAS) Model AircraftModel Aircraft Less Than 55 PoundsLess Than 55 Pounds Recreational Use OnlyRecreational Use Only No RegulationsNo Regulations Unmanned Surface VehiclesUnmanned Surface Vehicles

5 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Basics Sliding Scale of Sophistication and CostSliding Scale of Sophistication and Cost MilitaryMilitary Commercial/Public EntityCommercial/Public Entity HobbyistHobbyist The ABCs of UAS

6 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Basics Different Kinds of UASs Military Military Large, Expensive Large, Expensive Highly Sophisticated Highly Sophisticated Weaponized Weaponized

7 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Basics Different Kinds of UASs Public Entity Public Entity Sophisticated Sophisticated Wide Range of Cost and Wide Range of Cost and Utility Utility

8 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Basics Different Kinds of UASs Hobbyist Hobbyist Small, Inexpensive Small, Inexpensive Relatively Simple Relatively Simple Limited Utility Limited Utility

9 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Three Spheres of Regulation Federal StateLocal

10 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Regulation Federal Aviation Administration (FAA) is Responsible for Setting and Enforcing Safety Standards in National Airspace (NAS)Federal Aviation Administration (FAA) is Responsible for Setting and Enforcing Safety Standards in National Airspace (NAS) Since 2008, FAA has been trying to Fashion Comprehensive Regulations to Govern the Use of UASs (FAR)Since 2008, FAA has been trying to Fashion Comprehensive Regulations to Govern the Use of UASs (FAR) FAA

11 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Regulation The FAA The FAA Still No Final Set of Rules: Technology Outpacing Governmental Rule MakingStill No Final Set of Rules: Technology Outpacing Governmental Rule Making Deadline was Set for September 2015, but Final Rules not Expected Until 2016 or 2017Deadline was Set for September 2015, but Final Rules not Expected Until 2016 or 2017 Testing and Researching the Use of Drones at Six Test Sites NationwideTesting and Researching the Use of Drones at Six Test Sites Nationwide

12 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Regulation FAA does not Regulate Recreational Use of Airspace below 400 feet and Within Sight of the OperatorFAA does not Regulate Recreational Use of Airspace below 400 feet and Within Sight of the Operator FAA Regulates All other Operations beyond those LimitsFAA Regulates All other Operations beyond those Limits Non-Recreational Use Regulated at All LevelsNon-Recreational Use Regulated at All Levels Scope of FAA Authority

13 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Regulation Operational LimitationsOperational Limitations Operator Certification & ResponsibilitiesOperator Certification & Responsibilities Aircraft RequirementsAircraft Requirements Prohibition of Model Aircraft in NASProhibition of Model Aircraft in NAS Scope of FAA Authority

14 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Regulation General rule: the FAA Does Not Allow UASs to Operate in the National AirspaceGeneral rule: the FAA Does Not Allow UASs to Operate in the National Airspace Significant Exceptions, HoweverSignificant Exceptions, However Governmental Agencies Must Apply for a Certificate of Authorization (COA) or an Exemption (Section 333)Governmental Agencies Must Apply for a Certificate of Authorization (COA) or an Exemption (Section 333) If it Does Not Have a COA, a Public Entity Should Not be Operating a UASIf it Does Not Have a COA, a Public Entity Should Not be Operating a UAS Scope of FAA Authority

15 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Certification Application for a CAO Online ApplicationOnline Application Complicated, Technical and Comprehensive Review ProcessComplicated, Technical and Comprehensive Review Process May Take Several MonthsMay Take Several Months Public Entity Must Identify Specific Purpose of the UAS and Area UsePublic Entity Must Identify Specific Purpose of the UAS and Area Use

16 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Certification Application for a CAO Operation of UAVOperation of UAV Pilot CertificationPilot Certification Crew CertificationCrew Certification TrainingTraining Medical CertificationMedical Certification Airworthiness of UAVAirworthiness of UAV ReportingReporting

17 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Certification Additional FAA Requirements UAS Must Be Registered and Marked within 45 days of approvalUAS Must Be Registered and Marked within 45 days of approval Trained Pilot; Sometimes an FAA Pilot CertificateTrained Pilot; Sometimes an FAA Pilot Certificate Specific Purposes of UseSpecific Purposes of Use Specific Geographic AreaSpecific Geographic Area Specific Time PeriodsSpecific Time Periods Coordination with Air Traffic Control FacilitiesCoordination with Air Traffic Control Facilities Line of SightLine of Sight

18 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Certification COAs Permitted 24 COAs for Commercial Use out of more than 300 Applications Over 1000 COAs for Public Entities Section 333 Over 1,400 Submitted in 2015 1,111 Granted 310 rejected

19 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAS Federal Certification 10% Colleges & Universities10% Colleges & Universities 45% Military & Federal Government45% Military & Federal Government 45% State & Local Government45% State & Local Government COAs

20 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAVs State Regulation State Regulation Varies Over 20 States have Enacted Laws Addressing UAVsOver 20 States have Enacted Laws Addressing UAVs Some Allow UAVs, Some Do NotSome Allow UAVs, Some Do Not In 2015, 45 States have considered 154 bills related to DronesIn 2015, 45 States have considered 154 bills related to Drones

21 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAVs State Regulation State Regulation Varies Most Deal with How Law Enforcement can Use UAVsMost Deal with How Law Enforcement can Use UAVs Other Issues include: Hunting, Traffic Enforcement, Data Retention, Privacy and Disclosure of Information to 3 rd PartiesOther Issues include: Hunting, Traffic Enforcement, Data Retention, Privacy and Disclosure of Information to 3 rd Parties Likely to Find Conflicts with FAA RegulationsLikely to Find Conflicts with FAA Regulations

22 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAVs State Regulation In 2013, First State to Enact UAS LegislationIn 2013, First State to Enact UAS Legislation Established a Moratorium on all UAS by any State or Local Law Enforcement AgencyEstablished a Moratorium on all UAS by any State or Local Law Enforcement Agency Exceptions include Amber Alerts or Specified Search/Rescue OperationsExceptions include Amber Alerts or Specified Search/Rescue Operations Does not Prohibit UAS Use Solely for Research and Development Purposes by Higher Education InstitutionsDoes not Prohibit UAS Use Solely for Research and Development Purposes by Higher Education Institutions Requires Development of Protocols for Community Engagement, System Requirements and Operation ProceduresRequires Development of Protocols for Community Engagement, System Requirements and Operation Procedures Example: Virginia

23 2015 FALL CONFERENCE & TRAINING SEMINAR California California Introduced Many Bills In 2015 Assembly Bills 37/56 + 14 Senate Bills 142 + 271 Legal Framework for UAVs State Regulation

24 2015 FALL CONFERENCE & TRAINING SEMINAR California Last Week Senate Bills Approved Unanimously SB271-Public Schools SB170-State Prisons Final Vote Pending Legal Framework for UAVs State Regulation

25 2015 FALL CONFERENCE & TRAINING SEMINAR California Last Week Assembly Bills Approved AB856-Picture Taking Trade Associations Seeking Governor’s Veto SB142 Vetoed Legal Framework for UAVs State Regulation

26 2015 FALL CONFERENCE & TRAINING SEMINAR California ISO’s Recommended Endorsements Are Now Approved for Use in California For Commercial General Liability Legal Framework for UAVs State Regulation

27 2015 FALL CONFERENCE & TRAINING SEMINAR Legal Framework for UAVs Local Regulation Local Regulation Also Varies Multiple Municipalities have Passed Resolutions Banning Use of DronesMultiple Municipalities have Passed Resolutions Banning Use of Drones Charlottesville, Va.; Evanston, Ill.; Northampton, Mass.; and Syracuse, NYCharlottesville, Va.; Evanston, Ill.; Northampton, Mass.; and Syracuse, NY

28 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks Some Key UAS Features Live-Feed CameraLive-Feed Camera Infrared CameraInfrared Camera RadarRadar Weaponization?Weaponization?

29 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks UAS Usage Department of Homeland Security – Patrolling BordersDepartment of Homeland Security – Patrolling Borders NASA/U.S. Forest Service – Real- Time Imaging and Mapping of Forest FiresNASA/U.S. Forest Service – Real- Time Imaging and Mapping of Forest Fires

30 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks UAS Usage Police – Photographing Accident Sites; Assists in Reconstructing Accident Sites;Police – Photographing Accident Sites; Assists in Reconstructing Accident Sites; Birds Eye View of Emergency SituationsBirds Eye View of Emergency Situations Michigan State Police – Seeking State- Wide COAMichigan State Police – Seeking State- Wide COA

31 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks UAS Usage Police – Tracking Criminals + Missing PeoplePolice – Tracking Criminals + Missing People North Dakota – Tracked Down Three Fugitives in a Cornfield, at NightNorth Dakota – Tracked Down Three Fugitives in a Cornfield, at Night Medina, Ohio – Tracked Down a Missing Alzheimer's PatientMedina, Ohio – Tracked Down a Missing Alzheimer's Patient

32 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks UAS Usage Fire – Eye in the SkyFire – Eye in the Sky Connecticut – Saw How Close a Fire had Come to a Cache of ExplosivesConnecticut – Saw How Close a Fire had Come to a Cache of Explosives

33 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Utilization & Risks UAS Usage Search and RescueSearch and Rescue Barricaded SuspectsBarricaded Suspects Fugitive ApprehensionFugitive Apprehension Detection of Drug Growth Operations on Public LandsDetection of Drug Growth Operations on Public Lands

34 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks UAS Usage SportsSports Utility InspectionUtility Inspection Infrastructure InspectionInfrastructure Inspection Environmental ScanningEnvironmental Scanning Weather ReviewWeather Review Disaster Analysis Disaster Analysis

35 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks Safety Collisions with PeopleCollisions with People Collisions with Objects/BuildingsCollisions with Objects/Buildings Collision with Other AircraftCollision with Other Aircraft Drones Impeded Firefighting Efforts in CaliforniaDrones Impeded Firefighting Efforts in California Issues of Concern

36 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks Privacy Public BacklashPublic Backlash ACLU Worried About Invasion of PrivacyACLU Worried About Invasion of Privacy Cameras Tracking Individuals Without a WarrantCameras Tracking Individuals Without a Warrant Entrepreneurial LitigationEntrepreneurial Litigation Issues of Concern

37 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks Insurance Possible Types of Exposure Property DamageProperty Damage Bodily InjuryBodily Injury Invasion of PrivacyInvasion of Privacy Cyber-AttackCyber-Attack Operators & Public OfficialsOperators & Public Officials

38 2015 FALL CONFERENCE & TRAINING SEMINAR UAS Utilization & Risks Insurance Underwriting Considerations AircraftAircraft Owners LiabilityOwners Liability Non-Owners LiabilityNon-Owners Liability

39 2015 FALL CONFERENCE & TRAINING SEMINAR Contact Information: Contact Information: Richard A. Spiers Genesis Management and Insurance Services 1 N. Wacker Drive Suite 1750 Chicago, Illinois (312) 526-7566 richard.spiers@gumc.com


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