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://firstname.lastname@example.org
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.
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.