In Search of Remotely Piloted Aircraft Regulations State Practices and International Law Perspective What Indonesia can Learn?

Atip Latipulhayat Uweh, Neni Ruhaeni

Abstract


Remotely Piloted Aircraft (RPA) has been used for different purposes, from hobby to military purposes. The rapid development of RPA’s technology has made RPA regulations in most countries become more quickly obsolete. It is exacerbated by the fact that there is no agreed internationally RPA regulation so far, except an amendment of Annex 2 of the Chicago Convention 1944, which broadens the notion of aircraft to include RPA.

This article identifies legal issues and models of RPA regulation in several countries and what Indonesia can learn and to look for an adequate and appropriate model to make the Indonesian RPA regulation, legally acceptable and technologically adaptable. This paper argues that the Chicago Convention, the model of RPA regulations in several countries, and the special interests of Indonesia as an archipelagic state are the three important elements that should be taken into account in the establishment of an appropriate and adequate Indonesian RPA regulation. This paper used normative method whcih analysing existing legal framework in RPA


Keywords


RPA; regulations; Chicago Convention; Indonesia; aircraft

Full Text:

PDF

References


Journal Articles

Marshal, D.M., ‘International Regulation of Unmanned Aircraft Operations in Offshore and International Airspace’, 87 8, Issues in Aviation Law and Policy.

Dalamakidis, K., Valanis, K.P., and Piegl, L.A., ‘Current Status and Future Perspectives for Unmanned Aircraft System Operations in the US’, (2008) 52 Journal of Intelligent and Robotic System.

Peterson, Mark Edward, ‘The UAV and the current and future regulatory construct for integration into the national airspace system’, 71 3 Journal of Air Law and Commerce.

Bourbonnierre, M., and Haeck, L., ‘Military Aircraft and International Law: Chicago Opus3’, (2001) 66 Journal of Air Law and Commerce.

Lissitzyn, O.J. , ‘The Treatment of Aerial Intruders in Recent Practice and International Law’, (1953) 47 The American Journal of International Law.

Books

Abeyratne, Ruwantissa Convention on International Civil Aviation: A Commentary, (Springer, London, 2014).

Chamayou, Gregoire A Theory of The Drone, (The New Press, New York, London, 2015).

Custer, Burt “Drones Here, There and Everywhere: Introduction and Overview” in Burt Custers (Ed.), The Future of Drone Use: Opportunities and Threats From Ethical and Legal Perspectives, (Springer).

Giemulla E.M. and Weber, L.International and EU Aviation Law: Selected Issues, (Kluwer Law International, Dordrecht, 2011).

Joint Publication 1-20, Department of Defense Dictionary of Military and Associated Terms, March 23, 1994, as amended through April 15, 1998.

Lebanese Aviation Regulation, General Operating and Flight Rules, (Republic of Lebanon, Ministry of Public Works and Transport, Directorate General of Civil Aviation, 2002)

Zavrsnik, Ales “Situating Drones in Surveillance Societies” in Ales Zavrsnik (Ed), Drones and Unmanned Aerial Systems: Legal and Social Implications for Security and Surveillance, (Springer, London)

Internet

EASA, “European aviation safety agency, concept of operations for drones”, 2015.

http://www.cad.gov.hk/english/Unmanned_Aircraft_Systems.html. Accessed 13 February 2018.

http://www.easa.europa.eu/system/files/dfu/204696_EASA_concept_drone_brochure_web.pdf. Accessed 13 February 2018

Federal Aviation Administration, Section 333 Frequently Asked Questions, https://www.faa. gov/uas/legislative_programs/section_333/333_faqs/#q3. Accessed, 13 February 2018

Fahmy, H eba, “New rules in the works to regulate drone usage in Qatar, Doha News, 26 Mar 2015. http://dohanews.co/new-rules-in-the-works-to-regulate-drone-usage-in-qatar/. Accessed 13 February 2018

http://web.shgm.gov.tr/en/s/2222-procedures-for-certifi- cate-of-special-flight-permit. Accessed 13 February 2018.

Orzea E, “China’s UAS regulation: an interesting precedent, November 2014, UAS VISION. http://www.suasnews.com/2014/11/32433/chinas-uas-regulation-an-interesting- precedent/. Accessed 13 February 2018.

Sharp A, Takahashi M, “Japan to bolster laws after drone lands on Abe’s office roof, Bloomberg Business”, 22 Apr 2015. http://www.bloomberg.com/news/articles/2015-04-22/ drone-lands-on-roof-of-japanese-prime-minister-s-office-in-tokyo.

South African Civil Aviation Authority, Technical Guidance Material for Part 101 Personal Licensing, Advisory Circular, 19 June 2015. http://www.caa.co.za/RPAS%20 TGM/TGM%20for%20Personnel%20Licensing%20Part%20101%20(Sub-part%203).pdf. Accessed 13 February 2018.

South Africa Civil Aviation Regulations Committee 2015. Proposed amendment of the civil aviation regulations, 2011, proposal for the insertion of part 101 of the civil aviation regulations. www.defenceweb.co.za/_pdf/SA_CAA_101-DECEMBER_2014_publication.pdf. Accessed 13 Februray 2018.

United Arab Emirates, General Civil Aviation Authority, Operation of Unmanned Aerial Systems within the United Arab Emirates, CAR Part VII, Subpart 10, https://www.gcaa.gov.ae/ en/Pages/uas.aspx. Accessed 13 February 2018.

Legislations

Act No. 74 of 1962 (as amended up to 1991), Namibian Civil Aviation Regulations, 2001.

Amendment No. 6 to the International Standards and Recommended Practices, Aircraft Nationality and Registration Marks (Annex 7 to the Convention on International Civil Aviation), adopted by the Council of ICAO on 7 March 2012.

Amandement No. 43 to International Standards Rules of the Air, Annex 2 The Convention on International Civil Aviation Organization, 7 March 2012.

Amendment No. 43 of Annex 2 of 2012.

Law No.15 of 2002 of the State of Qatar.

Permenhub No.PM 47/2016

Permenhub No. PM 90/2015.

Permenhub No.PM 90/2015

Permenhub No.PM 180/2015

South African Civil Aviation Authority, Technical Guidance Material for RPAS—Part 101, § 6, 30 Sept 2015.

The Chicago Convention 1944.




DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.05

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.