Are Drones Considered Aircraft?
When it comes to the laws and regulations that govern drone use, there is no straightforward answer. However, we can begin by explaining what an aircraft is under the relevant laws and definitions.
What is an Aircraft?
According to the International Civil Aviation Organization (ICAO), an aircraft is defined as "an engine-powered and non-self-propelled object, in flight, either manned or unmanned, propelled by unexpired thrust force, while not being waterborne nor designed to interact with, or operate partially or substantially in, contact with any water".
Now, let us consider unmanned aerial vehicles, commonly known as drones, and whether or not they fit this definition.
History of Regulation
Unmanned Aircraft Systems (UAS) have undergone significant development since the US Federal Aviation Administration (FAA) authorized the testing of the first UAS in 2000. Today, the skies are teeming with hundreds of thousands of drones from recreational operators to commercial customers.
During this time, regulatory bodies have struggled to cope with the rapid growth in drone operations. In an effort to provide clarity on the definitions and regulations around drones, the FAA issued Federal Aviation Regulations (FARs) in 2004:
14 CFR 91.13(c) stipulates that "[a]ll aircraft that are unmanned aerial vehicles [UAVs] in operation below 400 ft above the surface of the earth during the day; and unmanned aerial vehicles that are heavier than air." This points to the recognition of UAVs as part of the aircraft category under the governing laws.
On the ICAO Model Annex to the Convention on International Civil Aviation, also known as Annex 13, Aircraft Accident and Incident Reporting, drones, or unmanned aircraft are explicitly acknowledged as subjects under the terms of air accident investigation rules.
Other regulatory bodies, such as the European Aviation Safety Agency (EASA) and the Canadian Transportation Agency (CTA), as well have defined drones in their legislations and laws.
**What Makes an Aircraft "An Aircraft"?
If we draw parallels between this definition of an aircraft from ICAO and common characteristics defining aircraft, drones share those attributes to varying degrees, including wings and propellers (the primary distinction from other types of aircraft), flight autonomy, as well as operation within both airspace boundaries.
Other Relevant Information:
‣ Flight: Drones, due to their aerodynamic composition and propulsion techniques, stay airborne, often in pursuit of specific performance, navigational, or imaging objectives – just like conventionally configured aircraft.
• In Flight: For a system that is a UAS to be, it not only needs engines, electronic controls, structure, avionics as well, as well an onboard unit of control computer and processing (the unmanned aerial side).
• Control Data Transfer: Radio control protocols enable remote instructions, enabling humans to effectively guide the in-flight aerial operations much like flight crew members aboard a powered aircraft.
When it doesn’t interfere with controlled airspace, with no evidence to suggest potential risks at an altitude < 0.5 inches, to prevent collisions), there really is no cause for differentiation.
