For this assignment, conduct research and consider current national and international regulations. As the aviation industry is evolving, regulations need to adapt to meet the changing landscape. Research one national and one international regulation to identify an area where the regulation could be improved based on current, or future, industry changes. As an example of potential changes coming to the aviation industry watch How Autonomous Flying Taxis Could Change the Way You Travel (8:04/Ted Talks) (Links to an external site.). You may choose any two regulations you wish. Then write a two to three-page paper, not including the title page and reference page, that identifies the regulation and then explains and supports your proposed improvement.

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ANSWER

Aviation Legislation: The Path Ahead

The aviation industry keeps evolving, and many aspects of its maintenance and sustainability keep changing to accommodate the drivers and forces of change. These drivers and forces of change include technological advancements such as the autonomous flying vehicles, AI, machine learning, robotics, new aircraft designs, clean energy and alternative fuels: geopolitical factors such as political instabilities, governmental ownership of technology, and new regulations. In addition to, social factors including terrorism, identity fraud threats with many actors including individuals, corporates, and the government elevating privacy and protection: environmental forces on GHG emissions and global climate crisis: and economic factors such as the ever-changing consumer behavior, unionization, and volatility in the global economy (IATA & SOIF, 2018). Regulations both national and international that guided the development of aircraft in the creation of the aviation industry may become ineffective or obsolete in their applicability in this age of information and digitalization that has used the advanced technology to develop new aircraft designs and address the increasing uncertainties. This paper analyzes the national regulations for recreational Unmanned Aircraft Systems (Drones) and international Montreal Convention regulations, identifying possible improvements in line with the industrial changes today and in the future.

National laws and regulations are applicable and viable within the governing jurisdiction of a country. In the USA, the Federal Aviation Agency (FAA) founded in 1958 plays a crucial role in promoting the safest aviation and maintaining highest-level pilot, flight attendants, passengers, and general public protection through its developed FARs (Federal Aviation Regulations). In connection with the changing aviation industries and numerous change forces present, FARs have continued and should continue to evolve and change for adaptability, easy manageability and alignment. Currently, UAS are increasingly gaining popularity and utilization in the military, commercial, and now recreational spaces. Recreational drones or flyers are used for fun, with many children owning them as presents from their relatives. FAA has developed specific regulations regarding owning and using these recreational flyers, cautioning on registrations, flying not above 400 feet from the ground, and not flying in controlled spaces (FAA, 2020).  Among the controlled and uncontrolled spaces, FAA does not specify specific regulations regarding the reaction if a person saw a drone hovering around their homes, and it does not belong to them.

We live in uncertain and unsafe times, where privacy is mostly achieved through taking personal responsibility. The question that prompts the improvements is, “Can I shoot down a drown that hovers around my property?” Many young people can use drones to playfully and inappropriately spy on teenage girls and vice versa, which can be assumed as privacy violations. FAA establishes that all drones are aircraft; hence, they should not be shot down. However, they need to improve this regulation on privacy matters by elaborating on the Class A-E, which uses altitudes to show controlled and uncontrolled spaces. Many people will not effectively comprehend these specified altitudes and language used, mainly because they focus more on airports, water bodies (Gulf of Mexico), the LAX, LAS, and PHX, to mention a few. This regulation shows that the FAA is more concerned with safety and not privacy, something that should be considered to avoid future legal battles and feuds among people and neighbors.

International aviation laws and regulations, unlike the national laws, are a set of laws ratified and adopted by many countries, setting a uniformed standard for governing the airlines and other aviation technologies. Like FAA, International Civil Aviation Organization (ICAO), is a specialized agency of the UN, formed in 1947, and headquartered in Canada. ICAO defines proper international navigations techniques and regulations fostering effective planning, facilitation, maximized safety and order of air transportation among its 193 members (ICAO, 2020). The Montreal Convention of 1999 (MC99) is one of the ICAO’s multilateral treaties establishing regulations on airline liabilities applicable in cases of delays, damages, documentation of passengers and baggage (Hanley, 2017). Since the September 9/11, the UN under the ICAO and countries globally have become vigilant to ensure international airline safety, peace, and security, as is mandated. The reasons we have some countries being easy targets of terror attacks is due to the different interpretation, adoption, and implementation of the ICAO’s global aviation and navigation safety measures. When some countries are barred from flying into the USA or EU, it is due to noncompliance and violations of the global navigation and aviation safety measures as well as the IASA program. Hence, the Montreal Convention, Chapter II on documentation and duties relating to passengers, cargo, and baggage carriage can be improved by asking all countries to adopt the same and exact safety and security measures. This will eliminate the different interpretation and implementation of the global aviation and navigation plan, (Hanley, 2017) hence maximizing security as the social forces of change including terrorism and COVID-19 pandemic continue to affect the aviation industry adversely.

As the drivers and forces of change mentioned above continue to occur today, and in the future, the aviation industry needs to adapt and remain flexible to align and move with the changing environment, which maximizes its sustainability and effectiveness. In doing so, regulation and laws are affected by the changes requiring constant updates and amendments to make them more flexible and adaptable for maximized effectiveness.

References

FAA. (2020, November 23). Recreational flyers & modeler community-based organizations. Retrieved from Federal Aviation Administration: https://www.faa.gov/uas/recreational_fliers/

Hanley, D. P. (2017). Aircraft operating leasing: A legal and practical analysis in the context of public and private international air law. New York: Wolters Kluwer.

IATA, & SOIF. (2018). Future of the airline industry 2035. New York: International Air Transport Association.

ICAO. (2020). About ICAO. Retrieved from https://www.icao.int/about-icao/Pages/default.aspx