While the SORA V2.5 was recently published by JARUS, there is little information currently on how EASA will adopt that in its current legal framework. Furthermore, we don’t know yet whether member states will continue to work with the JARUS SORA V2.0 and create grandfather rights for existing authorisations or whether they will want to have authorisations based on SORA V2.5 only.
The Adoption of SORA V2.5 into EU Law
The most probable scenarios are an adoption of the SORA V2.5 into the EU Law to replace the current AMC 1 to Article 11 of EU Reg. 2019/947, or the adoption of the SORA V2.5 as an additional AMC with no replacement of the SORA V2.0. Therefore, in the first scenario the SORA V2.0 could not be used anymore from that date of publication and the V2.5 would become the applicable Acceptable Means of Compliance. However, the second scenario would create the option for operators to actually use any of the two methodologies depending on what works best for their use case.
Transition periods and grandfather rights
Following the adoption to replace the current AMC of the SORA V2.0, EU Member states would have different options on how to introduce the new text. They could for instance define a transition period where they accept both approaches to give the industry some time to adapt to the new legal framework. During this transition period SORA V2.0 could still be processed and authorized. This would certainly create a favorable climate of transition especially if the transition period ranges to 1 or 2 years. In the case of a too short transition period or no transition period at all, many operators could potentially get grounded.
For existing authorisations or SORA V2.0 applications being processed at the time of the introduction of the new AMC, member states could use the grandfather rights to extend existing authorisations based on SORA V2.0 also beyond any defined transition period. Grandfather rights would allow already approved operations to be extended also over much longer period of time.
We note also that both grandfather rights and longer transition period would also strongly reduce the workload for member states aviation authorities who are very often under strong pressure from a resources standpoint. Those legal options are also very valid in the context of the SORA transition towards V2.5 since there is currently no safety concern with SORA V2.0 and the models used are very similar.
The similarities and the differences between V2.0 and SORA V2.5
There is mainly two areas with the SORA V2.5 where added documentation and evaluation work on the applicant and on the authority side will be needed:
- The ground risk mitigations
- The containment evaluation and requirements
Indeed, while the SORA V2.0 only had very few options for ground risk mitigations and accounted VLOS already as a lower Ground Risk Class in the intrinsic GRC evaluation, the SORA V2.5 requires a more extensive mitigation demonstration work to reduce the GRC with increase in population density.
Furthermore the SORA V2.5 contains a more extensive and complete containment model. Within the SORA V2.0, containment was often a point of difficulties between the authorities and the applicants. Some authorities even modified this part with the publication of an Alternative Means of Compliance.
With the new SORA V2.5 containment model, the containment is now far less subject of discussions and difficulties of understanding. The new model is quantitative and allows applicants to use an easy recipe to derive containment requirements (Low, Medium and High) as a function of adjacent population density and the SAIL (see Tables below for drones up to 3 m dimensions).
With the new containment, some challenges arise as for instance the evaluation of the average population density over a larger adjacent area or compliance with the Low, Medium and High robustness level containment. This will certainly clarify some aspects between authorities and applicants but it will also create additional discussions between them and may require some time to find a consensus.
As it is possible to observe, the SORA V2.5 is more quantitative but is also more time consuming in documentation and evaluations. In this context, it is of paramount importance to prepare accordingly and to get the right experts around the table for your SORA applications. Additionally, regulatory evolutions may still occur, so staying current with the latest updates to EASA drone regulations is crucial to keeping your documentation compliant.
We offer comprehensive support, guiding you through the entire authorization process, coaching your company to ensure SORA compliance, and expertly preparing the necessary documentation for your civil aviation authority. Reach new heights today and contact UASolutions – your partner in aerial success.
