Aviation Security Law 航空安全法(120)

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F. Unmanned Aerial Vehicles
An Unmanned Aerial Vehicle (UAV)425 is a self piloted or remotely piloted aircraft426 that can carry cameras, sensors, communications equipment or other payloads. The United States Department of Defence de.nes a UAV as “a powered aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can .y autonomously or be piloted remotely, can be expend-able or recoverable, and carry a lethal or non-lethal payload.”427 Ballistic or semi-ballistic vehicles, cruise missiles and artillery projectiles are not considered UAVs by this de.nition.428 UAVs have been used to conduct reconnaissance and intelli-gence-gathering for nearly 60 years (since the 1950s). The future role of the UAV is a more challenging one which, in addition to its current uses will include involve-ment in combat missions.429 The issues and challenges that UAVs bring to civil aviation can be bifurcated into two main areas. The .rst concerns airworthiness regulations which are required to ensure that a UAV is built, maintained and operated at high standards that ensure the safety of all involved including crew andpassengersof manned civilian and military aircraft with which UAVs will share
425For more details of UAV operations and their nature visit http://www.uvs-info.com. 426An aircraft is de.ned as “any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.” This de.nition
appears in Annexes 1, 2, 3, 7, 8, 11, 13, 16 and 17 to the Convention on International Civil Aviation, signed at Chicago on7 December 1944. See ICAO Doc 7300/9 Ninth Edition, 2006. 427Unmanned Aerial Vehicles: Background and Issues for Congress, Report for Congress written
by Elizabeth Bone and Christopher Bolkcom, Congressional Research Service: The Library of
Congress, 25 April 2003 CRS 1.
428Unmanned Aerial Vehicles: Background and Issues for Congress, Report for Congress written
by Elizabeth Bone and Christopher Bolkcom, Congressional Research Service: The Library of
Congress, 25 April 2003 CRS 1.

429Since 1964 the US Defense Department has developed 11 different UAVs, though due to
acquisition and development problems only 3 entered production. The US Navy has studied the
feasibility of operating Vertical Take off and Landing (VTOL) UAVs since the early 1960s, the
QH-50 Gyrodyne torpedo-delivery drone being an early example. However, high cost and
technological immaturity have precluded acquiring and .elding operational VTOL UAV systems.

de-segregated airspace as well as persons and property on the ground.430 There is currently no internationalStandards and Recommended Practices (SARPs) adopted under the auspices of the International CivilAviation Organization431 applicable to the UAV and the Unmanned Aircraft System (UAS)432 although UAVs are increas-ingly requiring access to all categories of airspace including non segregated air-space.
The second challenge is more far reaching and concerns the possibility of the UAV encroaching on air traf.c control (ATC) functions in non segregated airspace. In doing so, UAVs should not place an added burden and demands on airspace management and the .ow of general air traf.c within the en-route air space structure which must not be impededby the presence of UAVs. In this context, the priority would lie in collision avoidance, primarily through effective separation of aircraft by which aircraft could be kept apart by the application of appropriate separation minima. The two key players in this exercise would be the pilot of the manned aircraft involved and the air navigation service provider who would be jointly or severally liable if a separation minima were compromised.
Although there are international regulations in place that address the operation of UAVs in non segregated airspace, there is provision under ICAO regulations for the appropriate procedure tobe followed. Annex 11 to the Chicago Convention,433 which deals with the subject of air traf.c services, lays down requirements for coordination of activities that are potentially hazardous to civil aircraft. Stan-dard 2.17.1 stipulates that arrangements for activities potentially hazardous to civil aircraft, whether over the territory of a State or over the high seas, shall be coordinated with the appropriate air traf.c services authorities, such coordination to be effected early enough to permit timely promulgation of information regarding the activities in accordance with the provisions of Annex 15 to the
　
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