INTEGRATION OF RPAS IN ALL FLIGHT
PHASES AND SURFACE PROCESSES
Legal and Regulation aspects
Integration of RPAS in all flight phases
and surface process
Team “Grotta Azzurra”
1) Francesca Pellegrino
2) Marcello Finocchiaro
3) Carmelo Starrantino
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Capri
25/26 Settembre 2014
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The International Legislative and
Regulatory Framework
• Article 8 of the Chicago Convention
• Amendments to Annexes
Convention: SARPs
to
the
Chicago
• Circular 328 AN/190 “Unmanned Aircraft Systems”
(March 2011)
• ICAO Manual on RPAS (first edition, draft, 2 April
2012)
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The European (EU) Legislative and
Regulatory Framework
• “Toward a European strategy for the development of civil
applications of Remotely Piloted Aircraft Systems”
(SWD(2012) 259 final, 6 September 2012)
• “Roadmap for the integration of civil RPAS into the European
Aviation System” (20 June 2013)
• European Commission Communication “A new era for aviation
– Opening the aviation market to the civil use of RPAS in a safe
and
sustainable
manner”,
European
Commission
Communication (8 April 2014)
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The National (Italian) Legislative and
Regulatory Framework
• Article 743 – “Concept of aircraft” of the
Italian Navigation Code
“...Remotely piloted aerial vehicles are also
considered aircraft, as defined by special laws,
ENAC regulations and, for the military, by
decrees of the Ministry of Defence...”
• ENAC Regulation on “Remotely Piloted Aerial
Vehicles” (30 April 2014)
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Preliminary considerations
The potential of RPAS technology to create new business and support industrial
competitiveness is huge.
The RPAS technology has also the potential to create an important market of
innovative state and commercial application and services.
BUT
Achieving this requires defining specific regulations, procedures and standards for
RPAS. Today, however, the emergence of a civil RPAS market is hampered by the
absence of [...] a supporting regulatory framework.
The existing set of rules – most of them are rules of soft law – are not in a position
which allows the use of these vehicles in a safe and sustainable manner.
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Source: “Toward a European strategy for the development of civil applications
of Remotely
Piloted Aircraft Systems” (SWD(2012) 259 final, 6 September 2012).
EU Regulatory Responsibility
AIRCRAFT MTOM
< 150 Kg
> 150 Kg
Initial Law
National Rules
EASA (Policy 2009 – Part 21)
RPAS
National Rules
EASA (not yet available)
Operator Certificate
National Rules
EASA (not yet available)
Remote Pilot Certificate
National Rules
EASA (not yet available)
Nat. Flight Authorisation
National Rules
National Rules
Internat. Flight Author. *
Amendment 43 **
Amendment 43 **
State Missions
National Rules
National Rules
Public EC Missions
National Rules ?
EASA?
* Transporting an RPAS in a
car from one country to
another to operate it there, is
an international flight
NOT
HARMONISED
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** To Chicago Convention Annex
2, Applicable since 12 Nov 2012,
Basis for EASA’s NPA 2013-10
RPAS REGULATION IN EU - I
In Place
Austria
< 150 Kg
In Preparation
VLOS
Ops Facilitations
Yes
Belgium
<150 Kg
VLOS
Yes (not in force)
Bulgaria
Croatia
Cyprus
Czech Rep.
< 150 Kg
VLOS
Denmark
< 150 Kg
VLOS
BLOS
Yes
Yes
Estonia
Finland
France
< 25 Kg
VLOS
Germany
< 25 Kg
VLOS
BLOS
< 150 Kg
VLOS
Yes (exp. Mid 2014)
VLOS
BLOS
Yes (Updated reg exp
Greece
Yes
Hungary
Ireland
2014)
< 150 Kg
< 20 Kg
VLOS
VLOS
Yes
Yes
RPAS REGULATION IN EU -II
Italy
< 25 Kg
VLOS
< 25 Kg
VLOS
Yes
Latvia
Lithuania
< 150 Kg
VLOS
Yes
< 150 Kg
VLOS
Yes
< 150 Kg
VLOS
Yes
Luxembourg
Malta
Netherlands < 25 Kg
VLOS
Poland
VLOS
< 150 Kg
BLOS
Yes
Portugal
Romania
Yes
Slovakia
Slovenia
Yes
Spain
< 25 Kg
VLOS
Yes
Sweden
< 150 Kg
VLOS
Yes
UK
< 20 Kg
VLOS
Yes
RPAS REGULATION – III (Non-EU)
In Place
Rating
VLOS
In preparation
BLOS
Rating
VLOS
BLOS
Ops Facil.
Iceland
Norway
< 150 Kg
Switzerland
Directive on VLOS operations
over people
Model aircraft rules apply
VLOS
BLOS
Yes
Yes
RPAS (<150 Kg) REGULATION - EUROPE
In Place
EU
In Preparation
VLOS
BLOS
VLOS
12
3
8
Non-EU
BLOS
1
Total Europe
12
3
9
Rest of the World
7
3
7
3
Australia
Yes
Yes
NA
NA
Brazil
No
No
Yes
No
Canada
Yes
No
Na
No
Colombia
Yes
Yes
NA
NA
Israel
Yes
Yes
NA
Na
Japan
Yes
No
NA
Yes
New Zealand
No
No
Yes
?
South Africa
No
No
Yes
No
South Korea
Yes
No
?
?
Russian Fed.
No
No
Yes
No
Turkey
No
No
Yes
Yes
Ukraine
Yes
No
Yes
No
USA
No
No
Yes
Yes
SES Reg. considered relevant by RPAS operators
-
Reg. 2150/2005 Common rules for the flexible use of airspace
Reg.255/2010 Common rules on air traffic flow management
Reg. 677/2011 Detailed rules for the implementation of ATM network
functions and amending Reg. (EU) 691/2010 – Frequency Spectrum
Airspace Reg. (EC
551/2004 and
amendments EC
1070/2009)
-
Reg. 1207/2009 Requirements for the performance and the
interoperability of surveillance for the SES
Reg. 1206/2011 Requirements on aircraft identification for surveillance
for the SES
Reg. 1079/2012 Requirements for voice channels spacing for the SES
Reg. 29/2009 Requirements on datalink services for the SES
Interoperability Reg.
(EC 552/2004 and
amendments EC
1070/2009)
-
- Reg. 1332/2011 Common airspace usage requirements and operating
procedures for airborne collision
-
PNB – Interoperability implementing rule on Performance Based
Navigation
SWIM – System Wide Information Management
EUROCONTROL Specifications for the Use of Military Unmanned Aerial
Vehicles as Operational Air Traffic Outside Segregated Airspace
SERA – Common rules of the air and operational provisions regarding
services and procedures in air navigation and amending Regulation (EC)
N. 1035/2011, 1265/2007, 1749/2006, 730/2006, 1033/2006 and
255/2010.
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EASA Reg. (EC 216/2008
and amendments EC
1108/2009)
Other Regulations /
Specifications
Main issues to be included in existing SES regulations
(complying with certain principles)
•
•
•
•
•
•
•
•
•
•
•
•
Sense and avoid requirements
Certification requirements
Airworthiness requirements
Operation requirements
Personnel licensing requirements (operational and maintenance)
ATM issues
Light UAS
Minimum altitude for RPAS operations inside controlled and
uncontrolled airspace
FCL (Flight Crew License) requirements
Frequency cross-border interoperability
Procedures for communications failure with ATS
Weather minima requirements for UAS operations
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Organisations involved in the RPAS Regulation
implementation
•
•
•
•
•
•
•
•
•
•
European Commission
EASA
EUROCAE
EDA
NATO
SESAR JU
EUROCONTROL
NATIONAL CAAs
ICAO
JARUS
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REGULATIONS AND LIABILITY PROFILES
Damage to third parties:
• The 1952 Rome Convention on damage caused by foreign
aircraft to third parties on the surface. Applicable or not to
RAPSs?
• Who is liable?
- Pilot in command of the aircraft or its operator?
- RPA and the ground station as single or two separate entities?
- Aircraft operator’s strict liability regime.
- Debt limitation scheme based on the weight of the acft. To be
adapted to RPAS.
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Other Convention to be adapted
• Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation, signed in Montreal
on 23 September 1971;
• Convention for the Unification of Certain Rules for
International Carriage by Air, Montreal - 28 May 1999;
• Cape Town Convention of 16 November 2001.
• ICAO in the aftermath of 11.09.2001, Convention on
Compensation for Damage Caused by Aircraft to Third
Parties and Convention on Compensation for Damage
to Third Parties Resulting from Acts of Unlawful
Interference Involving Aircraft, done in Montreal on 2
May 2009 (NOT entered into force).
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Space law and RPAS
- Absence of a comprehensive regulatory framework within the EU;
- Possible competing liability between the satellite controller and
the RPAS operator, complicated by the liability of the launching
State;
- Guidelines to distribute among stakeholders and space and RPAS
operators.
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Liability of designers/software engineers,
manufacturers and operators.
- Legal basis not yet defined;
- The “causal link” (legally sufficient condition/connection) under strict
liability rules does NOT exclude further kinds of responsibility (e.g.,
strict product liability, strict malfunctioning liability and cases of
vicarious liability, etc.);
- Need of specific regulations/guidelines describing new tasks and
responsibilities of the technology providers, manufactures, software
developers and maintenance and updating companies;
- HOW TO CONSIDER THE RELATIONSHIP BETWEEN AUTOMATION AND
LIABILITY.
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INSURANCE
Major small and very heterogeneous number of risks;
Limited structured and categorised flight safety data available;
Higher insurance premium rates;
Better and more frequent RPAS risks assessments (classified in risk
categories depending on complexity of operation)
• Reg. EC 785/2004: third-party mandatory insurance starts from 500kg.
To be adapted for all RPAS operators (every RPAS, e.g. with weights
exceeding 20kg, preferably should have a minimum liability insurance
cover).
• Supervised by the civil aviation authorities such minimum insurance
requirements
• Involving aerospace insurance sector into on-going discussions and
development. Their assessment will assist reducing the number of
known/unknown variables and to provide a qualitative reflection.
•
•
•
•
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PRIVACY AND DATA PROTECTION
• RPAS may present a threat to privacy - Difficult to protect;
• Increasing accessibility to small RPAS. Difficulty of tracking and
controlling them;
• Balance between privacy and other rights; protection/limit to the
privacy;
• Existing regulation does NOT provide any provisions regarding RPAS.
• Application by analogy of the same principles;
• Broad assessment of privacy threats and analysis of the issue of
video surveillance using RPAS in order to produce
recommendations;
• Utilise the national competence of every EU Member State in this
matter;
• Proposal to revise Dir. 95/46 – “General Data Protection
Regulation”- applicable to data processing by private or commercial
RPAS operators;
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Accessibility to the market and Information
to the public
• RPA for recreational activities (low cost/easy to buy) may pose a real threat to
aviation;
• Difficulty in controlling their use through licensing or registration, in tracking
and identifying owner/remote pilots; uncertainty for the judicial side; training
& requirements;
• Recent incidents / Consequences of an accident or incident involving small RPA;
Proposed solutions:
• Use of recreational RPA in a controlled environment;
• Remote pilots aware of the legal framework;
• Remote pilots must obtain any requisite prior approval from the appropriate
authorities;
• Basic training should be mandatory;
• A minimum age requirement;
• Impose requirements on the manufacturer.
• Informing the public is, therefore, crucial.
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Aviation / Judicial investigation
• ICAO ANNEX 13: “An occurrence associated with the
operation of an aircraft which takes place between the
time any person boards the aircraft with the intention
of flight until such time as all such persons have
disembarked, in which…”;
• Annex 13, as it stands, would not provide the
appropriate international legal framework for the
investigation of accidents similar to the serious
incidents discussed before;
• There is a pressing need to have regulations which will
specifically address RPAS accident investigation either
by means of an amendment to Annex 13 or the
adoption of a new legal instrument.
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Legal/Regulation
& other disciplines
• R&D and REG are interdependent: most of the requirements
for RPAS integration are regulatory requirements but also
about liability and privacy.
• Ensure closed loop of activities to ensure consistency and
feasibility.
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Thank you
for your kind attention!
Any questions?
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