The regulation of commercial use of unmanned aerial vehicles in Malaysia

Abstract

The rapid expansion of the use of unmanned aerial vehicles (UAVs) in the commercial arena demonstrates society’s great acceptance towards technological advancement in Malaysia. The existing rules and regulations on UAVs in Malaysia do not offer an adequate framework for the commercial use of UAVs. The legislation does not explicitly address the right to a passageway or airspace for the commercial use of UAVs which will further be vulnerable to the floodgate of legal issues of trespass and nuisance. Since the deployment of commercial UAVs in Malaysia are still in the early stages, the implication of commercial UAVs to the public, especially liability in negligence, is still vague. This qualitative legal study examines the laws and regulations governing the commercial use of UAVs in Malaysia and other countries to determine the best approach for Malaysian application. It employs a critical legal analysis and descriptive research of commercial UAVs. This research relied on primary and secondary legal sources such as legislation, rules, regulations, directives, case laws, books, academic journals, and newspapers. This research argues that in order to have a comprehensive law on the commercial use of UAVs, the laws shall first provide and define an explicit provision on the right to low-altitude airspace for the UAVs as it is regarded as the most significant infrastructure. This research examines the law governing easement and leasing of airspace as the alternative methods for commercial UAVs to fly in the airspace. This research further argues that the principle of strict liability and breach of warranty shall be assessed based on the duties and liabilities arising from the contract the parties enter. Furthermore, this research observes the assessment of risks, which is the key element in the commercial UAVs, by measuring the foreseeability of risks to provide security and safety to the public. This research is vital and significant for clarifying any ambiguity of UAV laws, especially on the rights to UAV airspace and other legal issues, to promote the demand for commercial UAVs in the market, and to attain public trust and confidence in using commercial UAVs in Malaysia. This research suggests that the Civil Aviation Authority of Malaysia (CAAM) shall be ready to draft regulations for the specific operations of commercial UAVs individually towards the effectiveness and efficiency of commercial UAVs in risk management. The untouched area of the low-altitude airspace for the commercial UAVs shall be declared between 200 and 400 feet from the surface of the land to segregate accordingly the proprietor’s reasonable airspace and the navigable airspace of the manned aircraft.