Research Report
Study on Legislative for Promotion of future mobility UAM
I. Background and Purpose of Research
▶ Urban Air Mobility(UAM) is attracting attention recently because it is low-noise, environmentally friendly, and can be conveniently connected to other modes of transportation because it uses electric-powered aircraft.
○ Electric Vertical Takeoff and Landing(eVTOL) is expected to make it easier to utilize urban space because it does not require a runway, and to alleviate urban traffic congestion.
▶ Although the “Urban Air Mobility Act” was implemented this year, it is not sufficient in response to the commercialization of UAM.
○ The “Act on Promotion and Support of Urban Air Mobility” (hereinafter referred to as the “Urban Air Mobility Act”) was enacted and went into effect on April 25, 2024. However, its contents are centered on demonstration and pilot projects, and are therefore still insufficient to respond to the commercialization of UAM.
○ In order to improve the legal system for the expansion of urban air mobility, research is needed on the status and direction of development of the “Urban Air Mobility Act,” the need for improvement of the designation system and major legal concepts stipulated in the “Urban Air Mobility Act,” the limitations and spatial limitations of urban air mobility business as tasks for commercialization of urban air mobility, supplementation of safety regulations, and the role of local governments.
Ⅱ. Contents
▶ Korea established the “Urban Air Mobility Act” in October 2023 to establish an independent legal foundation for the UAM industry.
○ Considering that aircraft flying in urban areas and the infrastructure for urban aircraft have characteristics different from those mainly covered by the previous aviation-related legal system and that they are still in the stage of technological development where international standards or norms have not yet been formed, there is a recognized legislative demand for special provisions different from the general aviation law system.
○ However, since urban air mobility is still in the incomplete development stage where its technology has not yet reached the commercialization stage, and standards or legal systems aren’t established internationally, the current “Urban Air Mobility Act” only stipulates verification or pilot projects and administrative promotion matters related to UAM.
▶ Considering the current technological and industrial trends, it can be seen that it adequately responds to the current legislative needs, but it is necessary to consider the following legislative improvement measures in order to expand UAM in the future.
○ The “Urban Air Mobility Act” is a legislative response that takes into account the characteristics of operating aircraft in the spatial scope of urban areas. Despite the fact that the “Aviation Safety Act,” “Aviation Business Act,” and “Airport Facilities Act” have similar regulations on aircraft, airports, and aviation businesses, it can be seen as having the status of a special law on the four aviation laws in that it defined urban aircraft, vertiports, and UAM businesses through individual legislation and established a system for development and designation.
○ But, it has not sufficient legal basis to play a role as a special law on UAM.
○ In order for the “Urban Air Mobility Act” to play a practical role as a special law on the four aviation laws, it is necessary to consider measures such as establishing explicit provisions on the safety of urban aircraft applicable to UAM, UAM business, aviation security, etc., and measures based on interpretation, special provisions on the four aviation laws, and measures to clarify the relationship between the “Urban Air Mobility Act” and other laws and establish a basis for delegated legislation.
▶ Considering the legislative purpose and demand of the “Urban Air Mobility Act”, it is necessary to consider expanding the scope of the discipline to AAM(advanced air mobility), including UAM(urban air mobility) as well as RAM(regional air mobility).
○ UAM of Urban Air Mobility Act is not limited to air traffic within a city, but is regionally scoped to include within the city center or between the city center and the suburbs, and even between cities and suburbs, but inter-city air traffic is outside the conceptual scope of UAM.
○ Seeking changes such as expulsion of the law and legislative purpose to regulate the development and utilization of AAM, which is not limited to UAM but also includes UAM and RAM.
▶ Need for improvement of multiple designation systems in the “Urban Air Mobility Act”
○ The “Urban Air Mobility Act” contains provisions on several designations, including ① the designation of UAM corridors, demonstration project areas, and pilot operation areas for a certain spatial range, ② the designation of vertiports for facilities, and ③ the designation of urban air mobility demonstration operators and UAM operators for certain entities.
○ The “Urban Air Mobility Act” uses the term “designation” for various types of administrative actions within a single law, thereby establishing two types of designation systems in general and operating four types of designation systems in detail.
○ It is necessary to distinguish between designations targeting facilities or spaces (designations of vertiports, UAM corridors, demonstration business areas, and pilot operation areas) and designations targeting certain entities (designations of UAM demonstration business operators and UAM service providers), and to distinguish between the designation of UAM service providers, which has the nature of business regulation, and the designation of UAM demonstration business operators, which corresponds to the selection of those who will conduct demonstrations as an extension of research and development.
▶ The main regulatory scope of the current “Urban Air Mobility Act” is limited to demonstration projects and pilot operations rather than preparing for the commercialization of UAM.
○ UAM business has regional limitations called pilot operation areas and spatial limitations called routes, and regulatory exceptions have regional limitations called demonstration operation areas or pilot operation areas. Urban air mobility corridors and vertiports also have regional limitations called pilot operation areas.
○ It may be timely to respond to legislation in stages according to the level of development of urban air mobility technology and industry, but considering the stability and generality of the law, it is necessary to enable the use of UAM as a future mobility in the mid- to long-term without regional or spatial restrictions.
▶ It is necessary to establish safety devices that can replace the regulations of the Aviation Safety Act, the Aviation Business Act, the Airport Facilities Act, and the Aviation Security Act.
○ Regarding ‘demonstration operators conducting demonstration projects in demonstration project areas’ and ‘UAM operators conducting demonstration projects in pilot operation areas’,
- it is necessary to legislate supplementary measures that can replace the concept, types, requirements, roles or responsibilities of UAM operators excluded from application according to Articles 15 and 16 of the Urban Air Mobility Act.
○ In addition, discussions are required on whether to allow pilotless eVTOL operation in the long term and, if so, who will be held responsible for accidents: eVTOL manufacturers, eVTOL owners, urban air mobility operators, remote safety managers, or other employees.
Ⅲ. Expected Effects
○ By presenting the demand for improvement and development direction of the Urban Air Mobility Act, we will build a stable industrial base for the development of urban air mobility and enhance the institutional reliability of the private sector entering new industries.
○ Implications were derived from domestic and international industry, policy, and legislative trends regarding UAM/AAM, and the status of related laws such as the Urban Air Mobility Act, Aviation Safety Act, Aviation Business Act, Airport Facilities Act, and Aviation Security Act was identified, and improvement needs were derived.
- Then, improvement directions for the expansion of urban air mobility were presented.
○ It can be used as a policy reference for future revisions to laws related to UAM, including the “Urban Air Mobility Act,” and as basic data for follow-up research.