UAS Safety Operation – Legal Issues on Reporting UAS Incidents

AbstractIntroduction. This paper examines regulations which govern procedures for reporting incidents other than accidents or serious incidents related to unmanned aircraft system (UAS) operations. The regulations are discussed in the context of available data and the paper included an analysis of them from both a European and national perspective. The goal of the paper is to provide a series of recommendations with regard to the procedures for reporting and analyzing UAS incidents in order to improve the safe integration of unmanned and manned aviation. This article also explores the legal consequences that arise from the midair collision between a UAS and a manned aircraft. Material and methods: The method of study comprises a content analysis of existing legislations. The current doctrine was confronted with existing regulations, documents and materials. Results: The results of the study show that there is a practical problem of objectively identifying operators of a UAS as well as in defining what exactly constitutes an “incident”. It can be reasonably concluded that reporting and analyzing UAS-related incidents allows for the assessment and development of strategies for integrating manned and unmanned aviation. It is worth mentioning that drones and UAS technology requires refinement, especially in technological terms. It is reasonable to take action aimed at raising awareness amongst UAS users of the need to report incidents, as well as engaging UAS users in the investigative process which follows such occurrences.

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Reporting and Investigation of Unmanned Aircraft Systems (UAS) Accidents and Serious Incidents. Regulatory Perspective

Journal of Intelligent & Robotic Systems ◽

10.1007/s10846-021-01447-6 ◽

2021 ◽

Vol 103 (1) ◽

Author(s):

Piotr Jan Kasprzyk ◽

Anna Konert

Keyword(s):

Unmanned Aircraft ◽

Unmanned Aircraft Systems ◽

Aircraft Accidents ◽

Subsequent Investigation ◽

Raising Awareness ◽

Regulatory Perspective ◽

Aircraft System ◽

Aviation Operations ◽

Investigative Process ◽

Investigation Process

AbstractNaturally, the ever-growing number of drone operations conducted worldwide carries with it an increase in the number of safety-related incidents and occurrences. The reporting and subsequent investigation of unmanned aircraft system (UAS) accidents and serious incidents seems like a proven solution towards improving operational safety. Such procedures also stem from the fact that UAS are of recognized as aircraft – and aircraft accidents and serious incidents are subject to obligatory investigation. From a technical perspective, a key issue concerns discrepancies in the investigation process as there are significant differences between manned and unmanned aviation operations. From a regulatory perspective, one key question is to what extent should it be obligatory to conduct independent technical investigation of occurrences involving UAS? Such occurrences are not only accidents and serious incidents that involve both UAS and manned aircraft, where “traditional” rules of conducting a full and independent technical investigation apply – the majority occurrences involve only UAS that were either destroyed, damaged or acted as a hazard to third parties. The method of study comprised of content analysis of existing legislation. Current doctrines were confronted with existing regulations, documents, materials, safety reports and statistics. Results of the study shows that the extension of regulations created for manned aviation accident reporting and investigation may not be enough, and certain improvements are necessary, e.g. to standardize the reporting of occurrences and the criteria to conduct a formal accidents and serious incidents investigation. It is also reasonable to take actions aimed at raising awareness among UAS users of the need to report accidents and serious incidents, as well as engage them in the investigative process. The lack of standardization in this field has resulted in the lack of data that is “good enough” to indicate the main causes and factors that contribute to UAS accidents.

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