Unmanned aerial vehicles : an analysis of the legal implications, and the recent developments in the sphere of aviation law

Abstract

The scope of this thesis is to assess the extent of the impact that the proliferation of Unmanned Aerial Vehicles (“UAV”) will have on the regimes that have regulated civil aviation for over a century. The unique characteristics of this type of aircraft, together with its capabilities, have granted civilians an unprecedented accessibility to the airspace at a relatively low cost. Efforts are therefore in place at every stage of the regulatory spectrum to guarantee the safety of both traditional manned flight and of civilians on the ground. The provisions of the Convention on International Civil Aviation, also known as the Chicago Convention, together with its Annexes are still generally applicable, particularly Article 8 which addresses the regulation of aircraft without a pilot on board. However, some major challenges will need to be addressed in the near future in order to ensure that the harmony that has been achieved over the years is not eroded through differing State legislation. In the European Union, a similar phenomenon is being experienced due to an out-dated reliance within current regulations on the weight-classification of aircraft, placing the obligation to legislate on the Member States. Regulations have in fact already been implemented in a number of Member States, each with markedly unique characteristics. In Malta, the Civil Aviation Directorate within Transport Malta has proposed the Remotely Piloted Aircraft Regulation, and the process has reached the consultation stage. The importance of a harmonised regulatory framework for the integration of UAV into the civil aviation system cannot be underestimated. The aviation sector is faced with the fragile endeavour of ensuring public safety and security without unnecessarily constraining an innovative market together with its benefits from developing. This process has tasked all legislators throughout history with the dawning of new technology. As a result, the law has rarely managed to keep pace with scientific advancements, and it is dubious that this trend will be broken with this latest challenge.