Photo: 123RF
The Transport Accident Investigation Commission is calling for tighter rules and standards after a drone nearly collided with a passenger plane.
Investigators have been looking into a near-collision between an Air New Zealand passenger flight and what was likely a drone in April, 2024, after a close call at 2000 feet on the approach to Auckland Airport.
The plane was flying to the city from Christchurch.
The commission found the drone was in breach of rules prohibiting drones from within four kilometres of airports, excluding limited and approved circumstances.
It said neither the drone nor its operator could be identified.
Manager Air Investigations Jim Burtenshaw said the Ministry of Transport and the Civil Aviation Authority should look at fully integrating drones into the aviation system and develop rules to reflect developments and best practice.
"Most drone users comply with civil aviation rules, but some either don't know the rules or choose to disobey them due to an expectation they won't face consequences," he said.
"The onus is on drone operators to avoid aircraft. People buying and flying a drone should first know how to operate it safely, and where they can't fly."
Photo: 123RF
Three issues identified
Air investigator Ian McClelland said they identified three safety issues from the investigation.
"From the top, it's an educational process, informing pilots of their requirements," he said.
"Secondly, there's a disciplinary aspect to it, that if they continue to break the rules that there are consequences, and thirdly bringing them into the system and treating drone pilots as another aviation operator."
Section 40 of the Civil Aviation Act 2023 said operating an aircraft in a careless manner was an offence, and was punishable by fines of up to $30,000 for individuals, and up to $100,000 for a company.
Responding to the recommendations, the Ministry of Transport said it agreed, but was not able to fully accept the recommendations as there were no overseas best practice regarding drone use.
Countries like the United States and Canada, as well as Europe, have established requirements for drone operators, the commission report said.
Online training and a competency certificate was required to operate a drone in Europe, while a safety test and proof of completion was required in the US.
Drone registration was also required in some countries.
New Zealand does not require either of these under part of the Civil Aviation rules, and for drones weighing under 15 kilograms.
The ministry said it was working with the Civil Aviation Authority on a number of drone related projects, and that the recommendations were partially accepted.
"All regulators are grappling with the challenge and working collaboratively to find solutions," it said.
Unmanned Aerial Vehicles NZ chair Dr Isaac Henderson said the situation could have been much worse.
"The most likely situation would be a very expensive repair job, but if it got into the engine, you could have an engine fire," he said. "If it hit the cockpit's windshield, you could have it breaking glass and injuring pilots,
"It certainly has the potential to put people's lives at risk and it's a bit like a game of 'Russian Roulette' - the chances are you're not going to get hurt, but there is the potential you could."
Henderson said a licensing system would have many benefits.
"We could restrict more what you could do with a drone, if you don't have a license," he said. "You could trust someone to buy a drone, they watch some video which they have to do, and they know how to fly in a shielded area and a few other basic things.
"Maybe we call that a basic pilot qualification and it comes with a registration from the user."
The next step would be a move to licensing for those wanting to operate in different types of airspace or fly larger drones, Henderson said.
"Then you have the high-risk stuff as reserved for certification, which is when an organisation gets approved to conduct certain types of operations under certain types of procedures, like training, risk assessment, all of that stuff."
Henderson said doing so would bring drones in line with the rest of aviation, benefiting legitimate operators and cracking down on bad-actors.
Research quoted in the TAIC report and co-authored by Henderson found about 1.3 percent of drone operators broke three or more civil aviation rules.
"Those are probably your rogue operators that really need the enforcement, like giving some people speeding tickets to remind them they actually have to follow the speed limit," he said. "The same should be applying to the civil aviation rules.
"The only unique thing with drones, compared to other types, is there's no barrier to entry, all you need is a credit card and a trip to Noel Leeming, and there you go - you can be a commercial drone operator."
He said, while it couldn't be certain it was a drone, it was helpful for the Commission to make findings under that assumption. The low public acceptance of drone operations has been a concern for some time.
"There can be legitimate operations in controlled airspace, in close proximity to airports and aerodromes, and those are routinely done across the country almost everyday of the week," he said.
"It's about doing them correctly."
Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
