Aerial camera does not need to buy the third insurance compulsory

Burst

Author: Peng Kaixin

2020-06-03 19:25

A few days ago, an aerial camera crashed a female passerby in Xihuan. The injured person's eye was cut and the wound was as deep as 5 stitches. The police later arrested a 33-year-old man named Liang. He was suspected of operating an aircraft and endangered the safety of any person or property. He was granted bail pending investigation and must report to the police in late June.

In recent years, aerial cameras have become increasingly popular, but related accidents have also occurred frequently. However, there is no legislation in Hong Kong to force aerial camera operators to purchase a third insurance. Some aerialists believe that aerial cameras involve the safety of the public, and the government should make regulations However, correct the wrong mentality of some operators and make them operate the aerial camera carefully.

According to the Air Navigation (Hong Kong) Order 1995, Chapter 448C of the Laws of Hong Kong, no one shall endanger the safety of others or property due to reckless or negligent operation of drones. Anyone who violates the above regulations will be sentenced to a maximum of 2 years’ imprisonment and a fine upon conviction. 5,000 yuan. Lawyer Liang Yongkeng said that if the aerial camera caused human casualties or property damage, and the operator did not purchase the third insurance, in addition to the possibility of facing criminal prosecution, the operator should also bear full responsibility for any civil claims.

In recent years, the application of aerial cameras in Hong Kong has become increasingly popular, and aerial camera-related accidents have also occurred frequently. (Profile picture / Photo by Pan Siying)

Huang Yongsheng, chairman of the Hong Kong Unmanned Aircraft Flying Club Association, said that in recent years, more people have operated aerial cameras in Hong Kong. Whether it is commercial or self-entertainment, operators should purchase third-party insurance for their own safety. However, many operators have a weak sense of safety and regard aerial cameras as toys. They think that they can be controlled freely after take-off. Without purchasing the third warranty, they are also prone to accidents due to their own recklessness or negligence. "No insurance, Is a negligence responsibility."

Aerial photography involves public safety should be legislated

Huang Yongsheng believes that because aerial photography involves the safety of the public, the government should establish laws and regulations to correct the wrong mentality of some operators and make them operate the aerial photography carefully. In addition, Huang Yongsheng revealed that because the insurance industry is not familiar with aerial photography, such as legislation requiring operators to purchase third-party insurance, they should consult the industry and clearly explain the definition of recklessness and negligence to help the insurance industry determine the behavior of the parties involved Can be insured.

Luo Shaoxiong, president of the International Association of Professional Insurance Consultants, said that the insurance industry currently offers different aerial insurances, and the insured can choose to be insured once or for one year. Since it is not mandatory for aerial photographers to purchase insurance in Hong Kong, the industry will generally assess whether the operator has an aerial certificate or has taken an aerial photography course before being insured.

At about 4 pm on May 31st, when Miss Chen was passing the bottom of the West Ring Road, a sudden aerial camera fell from the sky and she was hit by blood. (Photo by Huang Weimin)

Aerial camera hits a person

Aircraft crashes are frequent　

In the past, there have also been incidents in which aerial photography machines fell and injured pedestrians. In 2018, a construction worker encountered a strong wind while operating the aerial camera in Tiaojingling. When the aerial camera was blown to the ground and hit a female passerby, she suffered minor injuries to her right shoulder. The court finally sentenced the construction worker to a fine of 3,000 yuan.

In addition, there have been many aerial cameras in Hong Kong in recent years. In December 2019, a man photographed night scenes in the waterfront area of ​​Central. During this period, the aerial camera was out of control. The man involved was arrested. In late April 2019, a dji Mavic 2 Pro aerial camera with a value of more than 10,000 yuan crashed and hit a Bentley RV parked outside the Ritz-Carlton Hotel.

In 2016, three men took aerial photographs during the Formula E event. Afterwards, they were each charged with one crime that caused harm to people or property, and each was eventually fined 2,000 yuan. In Formula E in 2017, another man named Mo was aerially photographed at the racing venue. The man was arrested for violating the Hong Kong Law, Chapter 448C, Air Navigation (Hong Kong) Order 1995.

In April 2019, a dji Mavic 2 Pro aerial camera worth more than 10,000 yuan crashed, hitting a Bentley RV. (Profile picture)

In mid-June last year, the Civil Aviation Department submitted a document to the Legislative Council to recommend the regulation of the operation of small drones in Hong Kong, and proposed that drones with an operating weight not exceeding 250 grams do not require prior approval from the Civil Aviation Department before flight; For kilograms, drones and operators must be registered, and third-party liability insurance must be purchased with a minimum insurance amount of 5 million yuan. UAVs over 7 kg and under 25 kg must obtain approval from the authorities in advance. Operators must receive training and evaluation, and additional safety measures must be provided, such as electronic fences, safety protection devices (for terminating flights) , And the purchase of third party liability insurance with a minimum insured amount of HK$10 million, the offender may be prosecuted with a maximum fine of HK$100,000 and imprisonment for 2 years.

(Legislative Council Document)

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