This document discusses liability issues related to the operation of remotely piloted aircraft systems (RPAS). It addresses questions around identifying the liable party when damages occur, determining how liability should be distributed between the pilot in command, station pilot, operator, manufacturer, and owner. The document also discusses whether strict liability is adequate, how manufacturers' product liability relates to operator liability, and factors that could mitigate liability like negligence. It notes upcoming European Union regulations on RPAS operator liability and questions around which international conventions apply.

2. Rita SOUSA UVA
Legal Adviser
LIABILITY OF RPAS OPERATORS

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?

5. ©Steer Davies Gleave, March 2014

6. Thank you.
Questions, comments, suggestions?
rita.sousa-uva@easa.europa.eu