AN IN-DEPTH ASSESSMENT OF THE EXISTING LEGAL FRAMEWORK REGULATING UNMANNED AERIAL SYSTEMS (UAS) ACTIVITIES IN MALAYSIA
DOI:
https://doi.org/10.11113/jm.v47.543Keywords:
Unmanned Aircraft System (UAS), Civil Aviation Authority of Malaysia (CAAM), Civil Aviation Regulations (CAR), risk-based approachAbstract
The rapid growth of the Unmanned Aircraft System (UAS) industry, with significant increases projected for commercial unmanned aircraft, urban air mobility vehicles, cargo delivery drones, inspection drones, and hobby drones, necessitates a comprehensive approach to UAS regulations. While the Civil Aviation Authority of Malaysia (CAAM) has made strides in developing regulations for UAS operations, the current rules, mainly the Civil Aviation Regulations (CAR) 2016 are insufficient to address the challenges posed by emerging UAS technologies and their unique operational concepts. Innovations such as Advanced Air Mobility (AAM), international operations of Remotely Piloted Aircraft Systems (RPAS), swarm drones, and autonomous UAS operations are outpacing existing regulations. The aim of this study was to identify and address the shortcomings of the current regulatory framework for UAS operations in Malaysia and compared the global renowned regulatory bodies. To achieve these goals, a multi-faceted research methodology was employed. This involved an in-depth analysis of international regulatory frameworks and a comprehensive survey to gather necessary data and insights. In summary, this research presented a comprehensive and transformative approach to UAS operations in Malaysia. The findings and recommendations of this study provided valuable insights for policymakers, regulators, and UAS operators in Malaysia and other countries facing similar regulatory challenges.
References
L. T. Chern, “The Star - Malaysia's drone readiness now ranks 21 in global index,” The Star, para 14, March 7, 2023. [Online], Available: https://www.thestar.com.my/news/nation/2023/03/07/malaysias-drone-readiness-now-ranks-21-in-global-index. [Accessed Sept. 11, 2023].
BERNAMA, “Malaysian drone technology action plan 2022,.”BizTech Times, September 7, 2022. [Online], Available: https://biztechtimes.com.my/2022/09/07/malaysian-drone-technology-action-plan-2022-2030-to-be-developed/. [Accessed Sept. 11, 2023].
C. Ignatius, “Malaysia almost doubles its drone readiness within one year,” Business Today, February 2023. [Online], Available: https://www.businesstoday.com.my/2023/02/20/malaysia-almost-doubles-its-drone-readiness-within-one year/. [Accessed Sept. 11, 2023].
DCA Malaysia, “AIC 2008/04 Unmanned Aerial Vehicle (UAV) operations in malaysian airspace,” Civil Aviation Directorate Malaysia, 2008.
International Civil Aviation Organization (ICAO), “Convention on international civil aviation doc 7300/9.” ICAO. [Online], Available: http://www.icao.int. [Accessed Sept. 11, 2023].
Civil Aviation Authority (CAAM), “Civil Aviation Regulations 2016,” CAAM, 2016.
Civil Aviation Authority (CAAM), “Application for unmanned aircraft system (UAS) / drone,” CAAM, 2023. [Online], Available: https://www.caam.gov.my/wp-content/uploads/2023/08/ATF-FORM-02-00.docx. [Accessed Sept. 11, 2023].
Civil Aviation Authority (CAAM), “Civil Aviation Directive - 6011 Part (I) remote pilot training organisation,” CAAM, 2022.
Civil Aviation Authority (CAAM), “Civil Aviation Directive - 6011 Part (II) Agricultural UAS operations,” CAAM, 2021.
Civil Aviation Authority (CAAM), “Civil Aviation Directive - 6011 Part (V) Special UAS project,” CAAM, 2022.
International Civil Aviation Organization (ICAO), “Manual on remotely piloted aircraft systems (RPAS).,” ICAO, 2015.
European Union Aviation Safety Agency (EASA), “Commission implementing regulation (EU) 2019/ 947 - of 24 May 2019 - on the rules and procedures for the operation of unmanned aircraft,” EASA, 2019.
European Union Aviation Safety Agency (EASA), “Commission delegated regulation (EU) 2019/ 945 - of 12 March 2019 - on unmanned aircraft systems and on third-country operators of unmanned aircraft systems,” EASA, 2019.
Federal Aviation Administration (FAA), “Integration pilot program - FAA Unmanned Aircraft Systems.” Department of Transportation, 2021.
JARUS, “Joint Authorities for Rulemaking of Unmanned Systems JARUS UAS Operational Categorization.” [Online], Available: http://jarus-rpas.org. [Accessed Sept. 11, 2023].
International Civil Aviation Organization (ICAO), “Model UAS Regulations - Parts 101 and 102,” ICAO, 2020.
International Civil Aviation Organization (ICAO), “Model UAS Regulations - Part 149,” ICAO, 2020.
Transport Canada, “Advisory Circular (AC) No. 922-001.” [Online], Available: https://tc.canada.ca/en/aviation/reference-centre/advisory-circulars/advisory-circular-ac-no-922-001. [Accessed Sept. 14, 2023].
R. C. Carty, “Advisory circular subject: small unmanned aircraft system (Small UAS), “Federal Aviation Administration (FAA), Advisory Circular. 107-2A, Jan. 2, 2021.
Federal Aviation Administration (FAA), “Report to congress: Beyond visual line of sight (BVLOS) safety, U.S Department of Transportation, 2023.
Federal Aviation Administration (FAA), “UAS remote identification,” FAA. [Online], Available: https://www.faa.gov/uas/getting_started/remote_id. [Accessed Sept. 14, 2023].
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