This chapter examines the legal framework governing the roles of the Unmanned Aircraft Systems (UAS) operator, pilot-in-command (PIC), and crew within the European Union, primarily through the lens of EU Regulation 2019/947. It highlights the regulation’s risk-based and proportional approach, which legally distinguishes between the UAS operator’s systemic, organisational responsibilities and the remote PIC’s in-flight operational duties. The operator is established as the key entity for safety and compliance, akin to an accountable manager in traditional aviation, while the PIC retains ultimate authority for the safe conduct of the flight. The analysis explores the historical and legal development of the PIC concept, tracing its origins and how it has adapted to the specific context of remotely piloted operations. A key aspect of the discussion is the legal uncertainty surrounding the “UAS crew,” as the EU regulation intentionally lacks a formal definition, leaving it to the operator to specify roles and responsibilities for supporting personnel in their operations manual. This contrasts with emerging ICAO standards in Annex 6, Part IV, which offer clear definitions for crew members, which may lead to future interoperability challenges. Furthermore, the chapter examines future challenges caused by increasing automation and Artificial Intelligence (AI). The distinction between ‘automatic’ and ‘autonomous’ operations in regulation indicates an upcoming paradigm shift. This development will fundamentally alter traditional human-centric models of command and liability, potentially changing the PIC’s role from a direct controller to a “system supervisor” and redefining accountability frameworks. The chapter concludes that although the current EU framework offers a scalable foundation, the rise of autonomy will require a major re-evaluation of control, responsibility, and liability within the UAS industry.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Operator, Pilot-In-Command and UAS Crew

  • Federico Franchina

摘要

This chapter examines the legal framework governing the roles of the Unmanned Aircraft Systems (UAS) operator, pilot-in-command (PIC), and crew within the European Union, primarily through the lens of EU Regulation 2019/947. It highlights the regulation’s risk-based and proportional approach, which legally distinguishes between the UAS operator’s systemic, organisational responsibilities and the remote PIC’s in-flight operational duties. The operator is established as the key entity for safety and compliance, akin to an accountable manager in traditional aviation, while the PIC retains ultimate authority for the safe conduct of the flight. The analysis explores the historical and legal development of the PIC concept, tracing its origins and how it has adapted to the specific context of remotely piloted operations. A key aspect of the discussion is the legal uncertainty surrounding the “UAS crew,” as the EU regulation intentionally lacks a formal definition, leaving it to the operator to specify roles and responsibilities for supporting personnel in their operations manual. This contrasts with emerging ICAO standards in Annex 6, Part IV, which offer clear definitions for crew members, which may lead to future interoperability challenges. Furthermore, the chapter examines future challenges caused by increasing automation and Artificial Intelligence (AI). The distinction between ‘automatic’ and ‘autonomous’ operations in regulation indicates an upcoming paradigm shift. This development will fundamentally alter traditional human-centric models of command and liability, potentially changing the PIC’s role from a direct controller to a “system supervisor” and redefining accountability frameworks. The chapter concludes that although the current EU framework offers a scalable foundation, the rise of autonomy will require a major re-evaluation of control, responsibility, and liability within the UAS industry.