UAS.OPEN.060 Responsibilities of the remote pilot

(1)  Before starting an UAS operation, the remote pilot shall:

(a)  have the appropriate competency in the subcategory of the intended UAS operations in accordance with points UAS.OPEN.020, UAS.OPEN.030 or UAS.OPEN.040 to perform its task and carry a proof of competency while operating the UAS, except when operating an unmanned aircraft referred to in points (5)(a), (5)(b) or (5)(c) of point UAS.OPEN.020;

(b)   obtain updated information relevant to the intended UAS operation about any geographical zone designated by the Secretary of State in accordance with Article 15;

(c)  observe the operating environment, check the presence of obstacles and, unless operating in subcategory A1 with an unmanned aircraft referred to in points (5)(a), (5)(b) or (5)(c) of point UAS.OPEN.020, check the presence of any uninvolved person;

(d)  ensure that the UAS is in a condition to safely complete the intended flight, and if applicable, check if the direct remote identification is active and up-to-date;

(e)  if the UAS is fitted with an additional payload, verify that its mass does not exceed neither the MTOM defined by the manufacturer or the MTOM limit of its class.

(2)  During the flight, the remote pilot shall:

(a)  not perform duties under the influence of psychoactive substances or alcohol or when it is unfit to perform its tasks due to injury, fatigue, medication, sickness or other causes;

(b)  keep the unmanned aircraft in VLOS and maintain a thorough visual scan of the airspace surrounding the unmanned aircraft in order to avoid any risk of collision with any manned aircraft. The remote pilot shall discontinue the flight if the operation poses a risk to other aircraft, people, animals, environment or property;

(c)   comply with the operational limitations in geographical zones designated in accordance with Article 15;

(d)  have the ability to maintain control of the unmanned aircraft, except in the case of a lost link or when operating a free-flight unmanned aircraft;

(e)  operate the UAS in accordance with manufacturer’s instructions provided by the manufacturer, including any applicable limitations;

(f)  comply with the operator’s procedures when available;

(g)  when operating at night, ensure that a green flashing light on the unmanned aircraft is activated.

(3)  During the flight, remote pilots and UAS operators shall not fly close to or inside areas where an emergency response effort is ongoing unless they have permission to do so from the responsible emergency response services.

(4)  For the purposes of point (2)(b), remote pilots may be assisted by an unmanned aircraft observer. In such case, clear and effective communication shall be established between the remote pilot and the unmanned aircraft observer.