Jetrader - Summer 2016 - 39

Amazon, the world's most popular e-commerce
company, announced that a future delivery
system from Amazon has been designed to
safely get packages into customers' hands in
30 minutes or less using small size UAVs.
permissions. The Directive imposes limits
on where drones can operate. Flying a drone
in the following airspaces are restricted
if no special authorization is granted by
DGCA: (i) flying a drone within the radius
of 9 km of an airport, regardless of its
altitude; (ii) flying a drone over heavily
crowded places, without limitation for
drones under UAV0 and UAV1 drones and;
(iii) flying a drone within military zones.
The Directive sets forth different rules
for different categories of drones in obtaining flight permissions. Under UVA0 and
UVA1 categories, drone owners must apply
for flight permission five working days
prior to the scheduled flight at the latest. On the other hand, under UVA2 and
UVA3, drone owners must apply within 15
working days prior to their flight at the
latest. It should be born in mind that for
UVA2 and/or UVA3 to be operated, (i) an
airworthiness certificate and (ii) a pilot
license must be obtained. Both of these
permissions are issued by the DGCA for a
term of three years.
A specific provision exists under the
Directive in relation to the foreign operators,

foreign owners, and foreign pilots. Those
foreigners are required to submit their
applications through diplomatic channels
20 working days before the scheduled flight
at the latest. Once this condition is met,
foreigners are authorized to fly their drones
under the supervision of a UVA2/UVA3 pilot
who must be a Turkish citizen.

Directive Introduces Penalties
for Unauthorized Activities
Penal provisions in the Directive mainly
refer to the provisions under "Part 5" of the
Turkish Civil Aviation Law8. Drone flights in
the absence of flight permission and/or a
required authorization from DGCA may be
subject to criminal liability, which is up to
three years' imprisonment or being subject
to administrative fines, varying between TRY
500 and TRY 10,0009. Drone owners and/or
pilots violating the confidentiality of private life will be additionally liable under the
relevant provisions of Turkish Criminal Law.10

Future of Drones
Obviously we are likely to encounter
a number of legal issues in the future

relating to UAVs and their effects on
our daily lives. A balance between protecting our rights without restricting
the future of UAVs and their commercial
use is important. These future problems
will be handled by the Directive, which
aims to frame the future of aviation and
making UAVs, and further technological
advancements adapted to our existing
legislation, in line with constitutional
and individual rights.

Sources:
1. http://easa.europa.eu/system/files/dfu/A-NPA%20
2015-10.pdf
2. http://www.telegraph.co.uk/news/worldnews/asia/
india/10848680/Indian-restaurant-uses-aerialdrone-to-deliver-pizza-to-skyscraper.html
3. http://www.bbc.com/news/business-33698812
4. http://www.nbcnews.com/tech/tech-news/first-faaapproved-drone-delivery-drops-medicine-virginian393986
5. http://www.amazon.com/b?node=8037720011
6. Directorate General of Civil Aviation, Ministry of
Transport, Maritime Affairs and Communications
of Republic of Turkey.
7. Approximately EURO 5,270 with the Central Bank
of Turkey's foreign exchange buying rate for Euro,
on 29 April, 2016.
8. Turkish Civil Aviation Law; dated October 14, 1983
and numbered 2920 and published in the Official
Gazette dated October 19, 1983 and numbered
18196.
9. Between EURO 200 and EURO 3,100 with the Central
Bank of Turkey's foreign exchange buying rate for
Euro, on 29 April, 2016.
10. Turkish Criminal Law; dated September 26, 2004
and numbered 5237 and published in the Official
Gazette dated October 12, 2004 and numbered
25611.

Jetrader * Summer 2016 39

http://easa.europa.eu/ http://www.telegraph.co.uk/news/worldnews/asia/ http://www.bbc.com/news/business-33698812 http://www.nbcnews.com/tech/tech-news/first-faa--approved-drone-delivery-drops-medicine-vergina-n393986 http://www.amazon.com/b?node=8037720011

Jetrader - Summer 2016

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