Presentation on theme: "Space Flight Rules Rules of the Air for an Unlimited Sky"— Presentation transcript:
1 Space Flight Rules Rules of the Air for an Unlimited Sky Manfred Lachs Conference on the Regulation of Emerging Modes of Aerospace TransportationMontreal, Canada, May 2013Bradley Hayward BAv MCom LLB AMRAeSAvLaw Aviation ConsultantsSydney, Australia
2 Introduction Traffic rules in aviation vs space Aviation: A century of developmentSpace: Need to develop rules?Aerospace vehicles may be expected to participate in air traffic patternIntegrated traffic rules should apply to all vehicles in the traffic pattern
3 The Traffic Mix – Plenty of Activity! 110km - SpaceShipTwo90km – Space Liner300,000’100kmSpace Liner launcher50km150,000’60,000’ – WhiteKnightTwo launcher60,000’
4 Use the Rules of the Air?Chicago Convention Annex 2 Rules of the Air are well developed and understoodDoes/can Annex 2 apply to spaceflight:legally?practically?Use Annex 2 as a (conceptual) model for developing rules for spaceflight?
5 Legal Applicability? The Law: Chicago Convention 1944 Article 1 – SovereigntyArticle 12 – Rules of the AirAnnex 2Outer Space Treaty 1967Article II – No AppropriationArticle VIII – ‘jurisdiction and control’
6 Article 12Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.
7 Legal Applicability? Territory High Seas Airspace Contracting State Annex 2Outer SpaceNational StateProblem: Different rules may apply to different vehicles in outer space above ‘territory’. Rules of national State apply to aircraft of that State ‘wherever such aircraft may be’... includes space?
8 Law Reform? Proposed Amendments: Annex 2 Definition of ‘Aircraft’ 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, and any machine capable of flight beyond Earth’s atmosphere.Chicago Convention, Article 12:... Over the high seas, and in outer space, the rules in force shall be those established under this Convention.Outer Space Treaty, Article VIIIA State Party to the Treaty on whose registry an object launched into outer space is carried shall, subject to Article 12 of the Convention on International Civil Aviation, retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body.
10 The General Rules Chapter 3 Protection of Persons and Property Flight Plans & ATC ServicesSignalsUnlawful Interference & InterceptionAvoidance of Collisions
11 The Specific Rules Chapter 4 – VFR Chapter 5 – IFR Low level, subsonic speedNot really adapted for aerospace vehicles, except when operating at very low level...Chapter 5 – IFRSensible, but need to go further‘Cruising levels’?
12 Proposal: The Space Flight Rules Chapter 4Visual Flight Rules (VFR)Navigate by visual reference to land or waterLow LevelLow Speed‘See and avoid’Minimal ATC ServicesChapter 5Instrument Flight Rules (IFR)Navigate by reference to aircraft instrumentsUpper airspaceAny Speed‘See and avoid’, but also ‘sense and avoid’ (e.g., TCAS)Full ATC ServicesChapter 6Space Flight Rules (SFR)Vehicles destined for spaceGeneral rules for all flights, and specific rules for ‘layers’ of space:SuborbitalOrbitalMore? (Cislunar?)‘Sense and avoid’ onlyFull ATC Services or ‘Space Situational Awareness’
13 Developing the SFRReviewing Annex 2, it appears that Rules of the Air can be categorised into three classes:Applicability and Operational PrerequisitesOperational Restrictions and ProhibitionsSpecific Behaviour
14 A (simple) Lawyer’s Questions... Applicability/Operational PrerequisitesAt what altitude should SFR apply?What equipment/systems should vehicles carry?Changing between SFR and IFR/VFR?Manoeuvrability?Special considerations for orbit?
15 A (simple) Lawyer’s Questions... Operational Restrictions/ProhibitionsTime for launching?Altitude for ‘air launch’?Rules for launching in general?Position reports?‘Controlled’ space, FIS/ATSCommunication requirements?Should orbital levels be direction-specific, like ‘cruising levels’?Rules for rendezvous?
16 A (simple) Lawyer’s Questions... Specific BehaviourProtective clothing for crew and passengers?Pre-flight approvals and flight plans?‘Right of way’ and collision avoidance rules?Steps to mitigate space debris?Issues related to extended missions?EnvironmentalHuman
17 Conclusion Rules of the Air can legally apply to outer space Some practical adaptation requiredProposal: Space Flight RulesTo operate alongside IFR and VFRLayered approach