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The UAS Scenario - Conflicting Purposes

The UAS Scenario - Conflicting Purposes

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Published by aliasnetwork
This document provides an example of application of the scenario-based methodology developed by the ALIAS project to proactively identify liability issues to be taken into account in the design, development and deployment process of new automated technologies. The example proposed concerns UAS (Unmanned Automated System).
This document provides an example of application of the scenario-based methodology developed by the ALIAS project to proactively identify liability issues to be taken into account in the design, development and deployment process of new automated technologies. The example proposed concerns UAS (Unmanned Automated System).

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Published by: aliasnetwork on May 22, 2012
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02/28/2014

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Using Scenarios to discuss liability issues of UAS
Giuseppe Contissa*, Paola Lanzi**,Migle Laukite*,Patrizia Marti***,Giovanni Sartor*, Marta Simoncini**European University Institute** Deep Blue srl*** Deep Blue srl and University of Sienahttp://www.aliasnetwork.eu/info@aliasnetwork.eu
This document provides an example of application of the scenario-based methodologydevelopedby the ALIAS project to proactively identify liability issues to be taken into accountin the design, development and deployment process of new automated technologies. Theexample proposed concerns UAS (Unmanned Aircraft System).Sharing thisdocumentwith the ALIAS Network has the purpose to test the soundness of thescenario-based methodology proposed; to discuss the legal issues emerged from the analysisof the different scenarios and collect comments and ideas.The document is divided in two parts. The first part presents a brief introduction to UAS, whilethe second part contains the scenario.
1.Introducing UAS
According to the ICAO definition (Circular 328 / AN 190) an Unmanned Aircraft (UA) is “anaircraft which is intended to operate with no pilot on board”. By extension, an UnmannedAircraft System is the combination of an UA and the associated elements enabling its flight,such as Pilot Station, Communication Link and Launch and Recovery elements. There may bemultiple UAS, Pilot Stations or Launch and recovery Elements within a UAS.There are two classes of UAS: Autonomous Unmanned Aircraft Systems (AUAS) and RemotelyPiloted Aircraft Systems (RPAS).The ICAO regulatory framework focuses on RPAS, as the only UAS that will be able to beintegrated into the international civil aviation system in the foreseeable future.The reason for this choice is Article 8 of the Convention on International Civil Aviation, signedat Chicago on 7 December 1944, which stipulates: No aircraft capable of being flown withouta pilot shall be flown without a pilot over the territory of a contracting State without specialauthorization by that State and in accordance with the terms of such authorization….. TheGlobal Air Traffic Management Operational Concept (Doc 9854), confirms Article 8 and states:An unmanned aerial vehicle is a pilotless aircraft, in the sense of Article 8 of the Conventionon International Civil Aviation, which is flown without a pilot-in-command on-board and iseither remotely and fully controlled from another place (ground, another aircraft, space) orprogrammed and fully autonomous.
 
On the basis of these consideration fully AUAS are not considered in the current ICAOregulatory framework for civil aviation, that just focus on RPA.The EASA policy for UAS regulation and certification goes in the same direction as ICAO.Ittends to adopt the same definition of UAS provided by ICAO (in which the UAS is intended asthe sum of Unmanned Aircraft, Pilot Station and Communication Link) and to focus on thesame class of UAS. The Policy Statement for Airworthiness Certification of Unmanned AircraftSystems (E.Y013-01) declares that Agency is responsible for safety of UAS except:Article 1 (2) military, customs, police or similar servicesAnnex II (b) aircraft [of any mass] designed or modified for research, experimental orscientific purposes, and likely to be produced in very limited numbersAnnex II (d) aircraft that have been in the service of military forces, unless the aircraftis of a type for which a design standard has been adopted by the AgencyAnnex II (i) operating mass of no more than 150 kg Safety oversight of excluded UASrests with Member States.With respect to the Operational Concept for the Use of the UAS in the civil airspace, the ICAOcircular contains several elements of interest on the use of RPA:AIRPSACE– (Art. 2.12) To date, most flights conducted by UAS have taken place insegregated airspace to obviate danger to other aircraft. Current UA are unable to integratesafely and seamlessly with other airspace users, the reasons for which are twofoldtheinability to comply with critical rules of the air, and the lack of SARPs (Standard andRecommended Practices) specific to UA and their supporting systems. Nevertheless (Art.2.3)integrating remotely-piloted UA into non-segregated airspace and at aerodromes can likely beachieved in the medium-term. The premise behind the regulatory framework and the meansby which contracting States will be able to grant special authorizations is that these UAS willmeet the identified minimum requirements needed to operate safely alongside mannedaircraft. In particular mature Sense & Avoid Functionalities shall be introduced on board. Atpresent they are available but are not considered mature enough to allow the UAS integrationin non segregated airspace.PILOT LICENCE– (Art.4.13) Remote pilots and other members of the remote crew mustbe properly trained, qualified and hold an appropriate license or a certificate of competence toensure the integrity and safety of the civil aviation system.PILOT RESPONSIBILITY(Art. 2.14) The remote pilot of a UAS and the pilot of a mannedaircraft have the same ultimate responsibility for the safe operation of their aircraft andtherefore have the same obligation for knowledge of air law and flight performance, planningand loading, human performance, meteorology, navigation, operational procedures, principlesof flight and radiotelephony. Both pilots must obtain flight instruction, demonstrate their skill,achieve a level of experience, and be licensed. They must also be proficient in the languageused for radiotelephony and meet medical fitness levels, although the latter may be modifiedas appropriate for the UAS environment.USE OF PILOT STATIONS- (Art.3.9) An aircraft can be piloted from one of many remotepilot stations,during any given flight or from one day to another. Likewise, multiple aircraftcan be piloted from a single remote pilot station, although standards may dictate a one-
 
aircraft-at-a-time scenario. In both of these cases, the configuration of the system inoperational use changes as one element or the other changes on a real-time basis.APPLICATION IN CIVIL OPERATIONS– (Art. 3.12) UAS are popularly commended asbeing well suited to civil applications that are dull, dirty or dangerous, in other words, tasksthat entail monotony or hazard for the pilot of a manned aircraft. However, there is a farbroader potential scope for UAS, including, inter alia, commercial, scientific and securityapplications. Such uses mainly involve monitoring, communications and imaging.CERTIFICATION– (Art. 6.1) RPAs are integrating into a well-established certificationsystem and are subject to demonstrating compliance in a manner similar to that of mannedaircraft. The fact that these aircraft cannot operate without supporting system elements(remote pilot station, C2 data links, etc.) brings new complexities to the subject of certification. One cannot assume that a single RPA will always be flown from the same remotepilot station using the same C2 data link. Rather, it is likely that each of these systemelements will be changeable. It is even likely that for long-haul operations, the remote pilotstation and C2 data links will be changed during flight and that as a remote pilot station isreleased from one aircraft it can then be used for another in real time.
2.The Scenario: “Conflicting Purposes”
This paragraph presentsthe scenarioofa potential accident involving UAS.The scenario depictsanhypothetic situation that does not reflect real events actually occurredand whose realism may in some cases be questionable. Theintentof the scenario is to raisepossible issues concerning the liability attribution in this particular highly automated systemthat may of interest for the ALIAS project.Thescenario is structured in a table that presents:information about the context of operationsthe storyan analysis of theaccident steps and components, whose main purpose is tohighlightthe key interactions at the basis of the event. For each key interaction the table reportsinformation about the nature of the interaction itself, defined on the basis of the SHELmodel (Edwards, 1972):L-L between humans, L-S involving the application of procedures and rules, L-H involving the interaction withthe technology. It also providesthe key resources involved at technical, human and organisational level.a discussion of the main elements of the scenarioadiscussionof issues on liability attribution raised by the scenario that can be relevantfor the ALIAS project

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