Almost a year has passed since the authorities published a draft notice on the use of drones but, in spite of public consultation, the regulations have not been finalised yet.

Originally, the proposed legal notice was open for public consultation until March 31, 2015. Under this proposed notice, drone use would be limited to designated areas and specific flight levels, considering the proximity of any aerodrome, aircraft flight paths and other dangers to aviation, persons or property.

The reaction of drone operators and hobbyists to the proposed legal notice was not favourable. During a public consultation meeting held on February 28, 2015, operators and hobbyists expressed their concern over the proposed system of designated areas, weight classification, and the burden of obtaining insurance coverage.

On July 6, 2015, Captain Charles Pace, a member of the Transport Malta board, told the Times of Malta that following the public consultation on the proposed legal notice, changes were being considered, including amending a blanket ban on flights within 7.5 kilometres of the airport. Captain Pace had also said that changes would be made to clearly distinguish between hobbyists and commercial operators.

On October 5, 2015, in reply to a parliamentary question, Justice Minister Owen Bonnici said that another public consultation would be held. However, in comments given to the Times of Malta, a Transport Malta spokesperson said that no second public consultation was held or was planned to be held.

In recent years, the popularity of drones has increased exponentially, with both hobbyists and commercial operators. Drones are being used for various purposes, ranging from military and infrastructure to surveillance, delivery and photography. This popularity is set to continue increasing.

In fact, a 2015 report from the Lords EU select committee concluded that there is huge potential for growth in the industry, which could create 150,000 jobs across the European Union by 2050. This growth in popularity has also highlighted the need for regulation, especially following various incidents. On December 7, 2014, the UK recorded the first near miss between a passenger jet and a drone near Heathrow airport. In June of last year, singer Enrique Iglesias had to undergo surgery after he injured his hand reaching out for a drone during a concert in Mexico.

On October 28, 2015, a drone crashed into power lines in West Hollywood, California, causing a three-hour blackout. Last December 23, a drone crashed onto the Madonna di Campiglio piste in Italy during a World Cup slalom race, narrowly missing World Cup champion Marcel Hirscher.

No flights by hobbyists shall be conducted over persons, built-up areas or vehicles. However, flights for reward may be – with Civil Aviation permission

In the US, drone regulation has reached an advanced stage, with the Federal Aviation Administration making the registration of drones mandatory. This registration registry commenced last December 21.

However, in Europe, the regulatory framework for the use of drones is still fragmented. The European Aviation Safety Agency said that while basic national safety rules apply, these differ across the EU and a number of key safeguards are not addressed in a coherent manner.

Last year’s proposed legal notice on drones was open for public consultation until March 31, 2015. Under the notice, drone use would be limited to designated areas and specific flight levels. Drone operators and hobbyists did not react favourably.

On December 18, 2015, EASA published a formal technical opinion on the operation of drones. In a statement, the EASA said that this opinion, which is available on the EASA website and includes 27 concrete proposals, lays down the foundation for all future development of guidance and rules to ensure drones are operated safely.

The EASA also said that these new rules would be developed in 2016 and 2017.

Until the final EASA rule is published, interim rule for the operation of unmanned aircraft has been delegated to EASA member states. While there are some commonalities, national rules differ. The French Civil Aviation Authority requires that all drones are certified while in Germany, every drone above 500g must be registered. In the Netherlands, drone operators are required to have a Remotely Piloted Aircraft Systems licence.

Since the local draft regulations have not been finalised yet, drone operators have been left in the dark. Mark Cassar, who uses a drone for his photography, says while he agrees with the provisions for insurance and training for operators, he is not in favour of a blanket ban on flights within 7.5 kilometres of the airport. Moreover, he suggests that rather than distinguishing between hobbyists and professional drone operators, legislation should distinguish between lightweight and heavy drones.

A spokesperson for Transport Malta says that until the regulations on the use of drones are finalised, drone operators have to ensure safe flight at all times. No flights by hobbyists shall be conducted over persons, built-up areas or vehicles. However, flights for reward, even over these areas, may be conducted if a permission from the Civil Aviation Directorate is obtained and under certain conditions.