Legal aspects of drone use in the agriculture

In the previous article, we introduced the two main fields of drone use within precision agriculture. Now, it is time to show what regulatory issues arise when one wants to deploy their drone for mapping/monitoring and spraying. 

Aerial mapping and monitoring

In the case of monitoring, the new EU regulatory framework provides a relatively easy entry to the market as flying over rural areas below 120 meters above ground level (AGL) with a drone lighter than 25 kg (most of the monitoring drones are under this weight limit) allows flying in the so-called open category if you keep the drone in visual line-of-sight (VLOS). In general, the limit of VLOS is 1 km in Europe, but there might be exceptions. 

What you need – besides a drone fit for the purpose – are registration as a UAS operator, the remote pilot proof of examination according to UAS.OPEN.020 (or sometimes a certificate of remote pilot competency due to UAS.OPEN.030), and professional liability insurance compliant with EU law. If the above conditions are not met, the operation will require either operational authorization (OA) or a Light UAS Operator Certificate (LUC).

The above limits of the open category are regulatory standards in the global drone industry, and the FAA uses the same limits (400 feet for altitude and 55 lbs. for maximum take-off weight (MTOM)). A significant difference in the US is that the drone, not the operator, shall be registered.

Spraying with drones

In the case of spraying, the story becomes more complex. As Adam Gittins, General Manager at HTS Ag noted in the Beyond Part 107 podcast: monitoring was “the low-hanging fruit” so far, thanks to the lower regulatory barriers to entry into the market. This regulatory complexity stems from two factors: the spraying drones – in most cases – exceed the 25 kg weight limit, and spraying includes dropping materials from the drone that is possible only in the specific category. So, the operator needs either an OA or a LUC. The former is valid for a limited time and a particular number of operations. At the same time, a LUC is valid indefinitely, and the operator is entitled to authorize as many processes as he wants as long as the operation complies with the LUC. Therefore, a safety management system is also required when applying for a LUC. EASA, the European Aviation Safety Agency, disclosed so-called PDRAs (pre-defined risk assessments) that provided for the risk level of spraying and some support to ease the preparation of OA and LUC documentation. 

Simultaneously, an agricultural EU directive poses strict rules on the plausibility of aerial spraying, resulting in different national regulations throughout the European Union. In Germany, for instance, spraying with drones is allowed only in vineyards, and the speed (13 km/h), drone altitude (2 meters), and usable type of pesticides are limited. In Hungary, while spray drones are not limited to vineyards, the drone pilot requirements are rigorous: you must pass two exams besides the UAS.OPEN.030 to be registered as an agricultural drone pilot and obtain eligibility for operating.

Switzerland introduced a standard scenario for the agricultural use of drones. In addition, FOCA’s website provides information on the drone types and pesticides UAS operators can use within a standard scenario that offers a fast-track authorization process.

In the US, the regulation is like the EU but different in structure. The US legislation has identified the three main factors: drone, pesticide, and crew. For the crew, you will need a Part 107 remote pilot certificate and waiver if the operation so requires. For spray drones (or drones used for plant nourishing and soil treatment), an exemption under Part 137 must be acquired (in the case of drones heavier than 55 lbs., you must comply with Parts 61 and 91 too). This rule is necessary because the law treats pesticides as poison, and carrying dangerous goods falls outside generally approved drone operations. Finally, the grant of exemption from the FAA is like the European OA as it includes limitations on the operational volume and weight of the drone. After the acquisition of exemption, the UAS operator shall further apply for an Agricultural Aircraft Operator Certificate (AAOC). After retrieving these documents, the operation may be started. 

The chart below shows the main rules for both spray and monitoring drones in the EU and US separately.

Summary

Operators and farmers did not accidentally start using drones mainly for monitoring. However, participants in the industry tend to use drones to fight against deceases, for irrigation, and for dropping crop seeds. This growth can be seen in the Commercial Drone Industry Barometer data for 2021 and 2022 on Droneii.com. While the legislation of monitoring drones can be considered sufficient in light of delays in standardization processes, regulatory issues still play a crucial role in the spread of spray drones; not only aviation but agricultural legislation is still ahead.