Preliminary communication

Drones: The Emerging Era of Unmanned Civil Aviation

Kristian Bernauw ; Faculty of Law, University of Ghent, Ghent, Belgium

Abstract

The phenomenon of unmanned and remotely controlled (wireless) devices and craft has been present for some time already in all modes of transport: air, land, space, underwater. An important distinctive feature of aircraft as opposed to land vehicles lies however in the third dimension of their evolution, which complicates the pertinent regulatory framework. In the present regime a drone falls within the definition of a power-driven aircraft (Annex 7 to the Chicago Convention), whether it is an aeroplane (fixed wing), an airship (lighter than air) or a helicopter (rotary wing). Annex 2 to the Chicago Convention recognizes the category of remotely piloted aircraft, but Art 8 of the Chicago Convention subjects the operation of such devices to national authorization. The consequence at present is a regulatory environment that differs between the respective countries: from permissive (regulatory vacuum) to restrictive (total ban). Legislators/regulators are hard at work developing new rules to make up a legal framework that will accommodate this new economic activity and integrate it into the existing aviation regime (USA, Italy, etc.). Given the international nature of aviation and in order to accommodate the international use of drones, an internationally coordinated approach is required to develop a harmonized regime. ICAO has already published a Manual on Remotely Piloted Aircraft Systems (RPAS) to provide guidance on drone matters in the legislative/regulatory process. ICAO and the EU have started to develop regulations. There seems to be a general consensus that unmanned aircraft must be allowed to operate without segregation from other air space users. The commercial use of drones has an impact on safety that must be solved. The security risk is to be mitigated. The potential invasion of privacy is a serious concern, as well as the tort of trespassing in case of non-authorised low level over-flight of private property. The awareness of the regulatory and operational restrictions amongst users will require the organisation of a public information campaign.

Keywords

Drones; Chicago Convention; ICAO; Drone Commercial Use; Drone Regulation

Hrčak ID:

157605

URI

https://hrcak.srce.hr/157605

Publication date:

29.4.2016.

Article data in other languages: croatian

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