INTRODUCTION

Coronavirus (Covid-19), which has been declared as a pandemic by the World Health Organization, has spread many countries and has increased its effects in the world economically, accordingly has affected the way of working and business. Many countries had to implement legal arrangements to ensure the sustainability of their working life. Accordingly, various new legal regulations entered into force in Turkey.

Coronavirus epidemic spread throughout the world in 2020 and many innovations it brought together once again demonstrated the importance of technological products in human life. Developments in the aviation sector, as well as passenger transport goods transport should have revealed the need for the use of unmanned aircrafts in the direction of the point. The purpose of this document is to set forth the overview of the legal regulations in Turkey regarding unmanned aircrafts.

I. Overview of the Legislation in Turkey

I.1. Unmanned aircrafts (“UA”), also known as “drone”, which is one of the innovative products of the digital revolution, has been used by some companies as well as being used in daily life by many people. Relevant legislation studies have been carried out in Turkey and entered into force in relation to UAs which attract the attention of many people who are interested in aviation.

The purpose of the Turkish Civil Aviation Act numbered 2920 is to regulate in line with the national interests and international relations, the activities in the steadily and rapidly developing field of civil aviation where advanced technology, speed and safety are factors are high importance. Civil Aviation Act is applicable to the operations of public agencies & organizations and natural persons and legal entities. Further to the Turkish Civil Aviation Act Turkish airspace is defined as the airspace above land and territorial water under the sovereignty of Republic of Turkey.

I.2. We can say that unmanned aircraft are regulated under the Turkish Civil Aviation Act in Turkey. According to Article 144 of the Turkish Civil Aviation Act which reads as follows;

“Responsible operators and managers of companies selling unmanned aircraft, duly keeping the information of the vehicles sold and the identity of the purchasers, and information about unmanned aircrafts with a maximum take-off weight of more than five hundred grams (inclusive), recorded by the General Directorate of Civil Aviation on the same day must save to the system. These records are shared with law enforcement offices to prevent crime and to be used in crime investigations…” It can be noted that a comprehensive arrangements have been made.

I.3. Another legal regulation related to UAs, is the directive issued as per the Law no: 5431 on the Organization and Duties of the General Directorate of Civil Aviation and the Turkish Civil Aviation Act numbered 2920. A comprehensive regulation on UAVs was made in the SHT-UAV Unmanned Aircraft Systems Directive. According to Article 1 of the directive ;

“This directive is prepared for the purpose of determining the import, sale, registration and registration of civil unmanned aircraft (UA) systems to be operated or used in the Turkish Airspace, ensuring the airworthiness of the aircraft, the qualifications that the people who will use the systems should have, the procedures and principles regarding the air traffic services and UA operations.”

UAs were classified in the directive which was published on February 22, 2016, and then some changes were made on 12.06.2017. According to the classification titled “Classification, imported technical suitability, compulsory equipment, airworthiness and special flight permit, maintenance and repair” in Part 2 of the directive With reference to the maximum take-off weights, UAVs are classified under 4 classes:

a) UA0: UAs with a maximum take-off weight of 500 gr (inclusive) – 4kg,

b) UA1: UAs with a maximum take-off weight of 4 kg (inclusive) – 25 kg,

c) UA2: UAs with a maximum take-off weight of 25 kg (inclusive) – 150 kg,

ç) UA3: UAs with a maximum take-off weight of 150 kg (inclusive) and more.

I.4. According to article 10 of the directive titled “Responsibility and Insurance”;

“Operators / owners of all UAs and their systems shall be responsible for the damages they may cause to third parties. For UA, which operates commercially with a 25-kg UA regardless of its weight, insurance shall be made according to the Regulation on Third Party Financial Liability Insurance Required by Turkish and Foreign Civil Aircraft Flying at the Turkish Airspace, numbered No. 25994 dated 15/11/2005, and no flight shall be permitted without insurance.”

II.CONCLUSION

II.1.Coronavirus (Covid-19) epidemic will increase the technological developments in the world. Our opinion is that UAs will respond the needs in many sectors with the change that will occur with the effect of the epidemic. Therefore, it is inevitable to make new regulations related to UAs in both domestic and international law within the scope of aviation law. UA users and investors in this sector are required to follow the current legislation, and have knowledge about the necessary training, licensing and registration procedures.

– This document is to inform the recipients concerning recent legal developments in Turkey. It does not constitute legal advice or legal opinion on any specific facts or circumstances. The advice of legal counsel should be obtained for specific questions.

– © 2020 Ülken Law Firm