436Convention on International Civil Aviation, signed at Chicago on7December 1944. ICAO Doc
7300/9, Ninth Edition, 2006, Article 3.
437Annex 2 to the Convention on International Civil Aviation (note 385), “Safety – Safeguarding
International Civil Aviation Against Acts of Unlawful Interference,” 8th edition, April 2006.
438Annex 8 to the Convention on International Civil Aviation (note 385), “Airworthiness of Aircraft,” 10th edition, April 2005.
Convention.Annex8(inits9th Edition) only addresses aeroplanes439 over5,700kg certi.cated take-off mass and helicopters440 without a limitation on the mass of an aircraft which is intended for the carriage of passengers or cargo or mail in international air navigation441 This might provoke the argument that Annex 8 would not usually apply to UAVs since only large UAVs exceed the weight of 5,700 kg. The lack of internationally recommended and accepted standards and practices for smaller aeroplanes is a challenge for the operation of UAVs as well as for aeroplanes with a pilot on board. This point is covered in the 10th edition of Annex 8 which, in addition to the provisions in part VI on helicopters has been amended to be applicable for helicopters with a certi.cated take-off mass over 750kg only. In terms of licensing it has to be noted that Annex1442 to the Chicago convention, de.nes SARPs for personnel licensing, in that a person shall not act as an air crew member unless a valid license is held443 by that person. Pilots are considered not only .ight crew but as well .ight navigators, .ight engineers and radiotelephone operators.444 Implicitly, this means that not only is the remote pilot of UAVs subject to licensing, but also personnel who are involved in the navigation and technical operation of UAVs should be licensed as well. Furthermore mechan-ics of UAVs be should also be licensed according the provisions in chapter 4.1 and
4.2 of Annex 1 to the Chicago Convention. Article 29 of the Chicago Convention requires the carriage of documents in aircraft such certi.cates of registration and airworthiness but also the appropriate licenses for each member of the crew. Although certi.cates of airworthiness can be carries in an aircraft in the manner required, the carriage of other documents may pose dif.culties as some UAV are designed to operate over extended periods of time, up to several months, and the speci.c operators who would operate for such long periods may not be known at the initial stage of the .ight. One potential solution could be to electroni-cally store the data and electronic licenses (be it in the form of scanned documents or other forms) of the current crew on board of the vehicle, but this would need in depth assessment in regards to the legal validity of such a form.
Annex 2 to the Chicago Convention, detailing the rules of the air referred to in Article 12 of the Convention, states inter alia that the rules of the air shall apply to
439“A power-driven heavier-than-air aircraft, deriving its lift in .ight chie.y from aerodynamic reactions on surfaces which remain .xed under given conditions of .ight,” see de.nitions in note 388.
440“A heavier-than-air aircraft supported in .ight chie.y by the reactions of the air on one or more power driven rotors on substantially vertical axes,” see de.nitions in note 388.
441Supra note 15, part IV, Article 1.1.2 (wording identical to 9th edition).
442Annex 1 to the Convention on International Civil Aviation (note 385), “Personnel Licensing,”
10th edition, July 2006.
443Supra note 15, Article 1.2.1. 444Supra note 3925, Chapter 3.
F. Unmanned Aerial Vehicles 161
aircraft bearing the nationality and registration marks of a Contracting State.445 These rules applicable to UAVs as well. Two main categories of rules of the air exist: visual .ight rules and instrument .ight rules.446 The note to article 2.2. of Annex2 states inter alia that a pilot may elect to .y in accordance with instrument .ight rules in visual meteorological conditions. The rules of the air adhered to are thus distinct and separate from the metrological conditions prevailingin the area of operation, except for instrument metrological conditions, requiring instrument .ight rules to be applied. Chapter 3.1 of Annex 2 contains an article on unmanned free balloons, stating that they shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions speci.ed in Appendix 4. Appendix4 states inter alia that heavy balloons447 need to comply with similar provisions like normal aeroplanes, inter alia minimum height over “congested areas of cities, towns or settlements or an open-air assembly of persons not associated with the operation,”448 SSR equipment,449 and lightening.450 Article
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