Stop fearmongering
Most of what EASA is proposing as far as airspace restrictions here is ALREADY illegal in most countries. BVLOS specifically is ALREADY illegal in most countries including Britain, see: http://www.caa.co.uk/Consumers/Unmanned-aircraft/Recreational-drones/Recreational-drone-flights/
Article 94 small unmanned aircraft, paragraph 3:
(3) The person in charge of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions.
Then the comment:
"El Reg predicts that any BVLOS ban will be effectively ignored until it becomes convenient to enforce it against particular people, or categories of people – which is the foundation of a bad law."
I really don't get what you are trying to imply here? Who are these "particular people or categories of people" you are alluding to?
The problem in general is that enforcing BVLOS banns is practically impossible. Unless you happen to catch someone with their goggle on, or manage to track a drone to it's landing zone and apprehend the person flying it, there's nothing lawmakers can do.
This Opinion really isn't that bad. As far as EASA Opinions go it's actually quite readable and understandable (in direct opposition to some of the drivel they've written before about the new ATO regulations for instance)
Most relevant to most people will be the following passages:
It was decided to further subdivide operations in the ‘open’ category into three subcategories to allow different types of operations without the need for an authorisation. The subcategories were defined according to the risks posed to persons and objects on the ground, keeping in mind that the operations would all be below 120 m in height and far from aerodromes. These subcategories are:
- A1: flights over people but not over open-air assemblies of persons;
- A2: flights close to people, while keeping a safe distance from them;
- A3: flights far from people.
(Opinion No 01/2018, page 8)
And a little bit further on:
Model aircraft are within the scope of this Opinion since, pursuant to the definition of a UA in the new Basic Regulation, a model aircraft is a UA. It is, however, recognised that activities conducted within model aircraft clubs and associations have good safety records due to their high levels of organisation, their procedures and their safety culture.
For this reason, the proposed regulation allows competent authorities to issue an operational authorisation to model aircraft clubs and associations, in which they may define deviations from it.
In addition, this proposal offers two other possibilities to model aircraft pilots who do not intend to
join a model aircraft club or association. They may:
- operate in specific zones designated by MSs, in which MSs can alleviate the requirements of the
rules proposed in this Opinion; or
- operate in subcategory A3 of the ‘open’ category.
Operations in subcategory A3 may be conducted with privately built UAS, or UAS in class C3 or C4. This last class was specifically developed to address model aircraft available on the market, imposing a minimum set of technical requirements and focusing mainly on providing the remote pilot with operational instructions issued by the UAS manufacturer, as well as on raising the remote pilot’s awareness of the EU regulations through consumer information. This approach will create a negligible additional burden for UAS manufacturers. All model aircraft in use before the date of entry into force of this proposed regulation will also be able to be operated afterwards, still using one of the three options explained above (i.e. to be member of a model aircraft club or association, to operate in designated areas, or to follow the operational limitations for subcategory A3), without the need for any modification to the model aircraft.
In other words, keep it in sight (already law) and don't fly near built up areas, over crowds or where you could reasonably endanger uninvolved people (further explanation in the Opinion, 2.4.3.2. , page 18) which should just be f(*îng common sense.
Again, the rules proposed are pretty clear, and don't go way above and beyond what is already law in most EU countries. My main gripe would be with the limitations they are imposing on control electronics and where they draw the line between stabilisation/auto-hover features and "autonomous operation"/autopilot. NOT with the airspace restrictions that our esteemed Reg hack seems to be focused on.