3. Recalling the regulatory principles for the use of RPAS…
Equivalent level of safety between manned and unmanned aviation
Proportionality, proximity and flexibility
Integration into ATM systems/SERA rules
No operation without authorisation (article 8 Chicago Convention)
E.U. Common rules for airworthiness, operations and pilot licensing
Clear definition of liable parties in case of damages to people and property caused
by RPAS operations (surface and mid-air collisions)
Consider product liability, strict liability and tort
4. Liability issues
What’s in a name? Drones, UAV, RPA, UAS, RPAS….
Identification of liable party: who is the operator?
Distribution of liability between PIC, Station Pilot, the Operator, the Manufacturer and the
Owner
Is strict liability adequate?
Manufacturers’ liability (product liability): how to articulate this with a strict liability for the
RPAS operator?
Should there be any mitigating elements? (i.e. negligence or fault of the party suffering the
damages; acts or omissions of other chain actors v.g. ATC services and ADR facilities)
Extent of Liability: a calculation per MTOM is inappropriate for very light RPA: should a formula
be calculated on a value per kilogram?
Compulsory insurance: how much should the appropriate minimum insurance be?
Upcoming E.U. liability regime for RPAS operators (Action 5, COM (2014) 207 final, 08.04.2014)
What International Conventions are applicable?
Future ICAO Annex 20: quo vadis?
