1. Space Flight Rules Rules of the Air for an Unlimited Sky
Manfred Lachs Conference on the Regulation of Emerging Modes of Aerospace Transportation
Montreal, Canada, May 2013
Bradley Hayward BAv MCom LLB AMRAeS
AvLaw Aviation Consultants
Sydney, Australia

2. Introduction Traffic rules in aviation vs space
Aviation: A century of development
Space: Need to develop rules?
Aerospace vehicles may be expected to participate in air traffic pattern
Integrated traffic rules should apply to all vehicles in the traffic pattern

3. The Traffic Mix – Plenty of Activity!
110km - SpaceShipTwo
90km – Space Liner
300,000’
100km
Space Liner launcher
50km
150,000’
60,000’ – WhiteKnightTwo launcher
60,000’

4. Use the Rules of the Air?
Chicago Convention Annex 2 Rules of the Air are well developed and understood
Does/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 – Sovereignty
Article 12 – Rules of the Air
Annex 2
Outer Space Treaty 1967
Article II – No Appropriation
Article VIII – ‘jurisdiction and control’

6. Article 12
Each 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 2
Outer Space
National State
Problem: 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 VIII
A 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.

9. Practical Applicability?
Annex 2:
Chapter 1 – Definitions
Chapter 2 – Applicability
Chapter 3 – General Rules
Chapter 4 – Visual Flight Rules
Chapter 5 – Instrument Flight Rules

10. The General Rules Chapter 3 Protection of Persons and Property
Flight Plans & ATC Services
Signals
Unlawful Interference & Interception
Avoidance of Collisions

11. The Specific Rules Chapter 4 – VFR Chapter 5 – IFR
Low level, subsonic speed
Not really adapted for aerospace vehicles, except when operating at very low level...
Chapter 5 – IFR
Sensible, but need to go further
‘Cruising levels’?

12. Proposal: The Space Flight Rules
Chapter 4
Visual Flight Rules (VFR)
Navigate by visual reference to land or water
Low Level
Low Speed
‘See and avoid’
Minimal ATC Services
Chapter 5
Instrument Flight Rules (IFR)
Navigate by reference to aircraft instruments
Upper airspace
Any Speed
‘See and avoid’, but also ‘sense and avoid’ (e.g., TCAS)
Full ATC Services
Chapter 6
Space Flight Rules (SFR)
Vehicles destined for space
General rules for all flights, and specific rules for ‘layers’ of space:
Suborbital
Orbital
More? (Cislunar?)
‘Sense and avoid’ only
Full ATC Services or ‘Space Situational Awareness’

13. Developing the SFR
Reviewing Annex 2, it appears that Rules of the Air can be categorised into three classes:
Applicability and Operational Prerequisites
Operational Restrictions and Prohibitions
Specific Behaviour

14. A (simple) Lawyer’s Questions...
Applicability/Operational Prerequisites
At 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/Prohibitions
Time for launching?
Altitude for ‘air launch’?
Rules for launching in general?
Position reports?
‘Controlled’ space, FIS/ATS
Communication requirements?
Should orbital levels be direction-specific, like ‘cruising levels’?
Rules for rendezvous?

16. A (simple) Lawyer’s Questions...
Specific Behaviour
Protective 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?
Environmental
Human

17. Conclusion Rules of the Air can legally apply to outer space
Some practical adaptation required
Proposal: Space Flight Rules
To operate alongside IFR and VFR
Layered approach

18. Thank you!
See you at