Select Committee Submission

Science and Technology Committee Inquiry – The Draft Spaceflight Bill

Submission of Written Evidence from the Royal Aeronautical Society

A. Observations/Recommendations

The Draft Spaceflight Bill (DSB) sets out the legal and regulatory framework to enable safe and cost-effective access to space from UK spaceports, in order to create a safe, competitive and sustainable commercial spaceflight market, specifically encompassing satellite launch, sub-orbital flights and scientific experiments.

1. When passed into law, the DSB becomes the Spaceflight Act 2017: it will apply only to activities conducted in the UK and will restrict the application of the current legislation in force, the Outer Space Act 1986 (OSA), to activities conducted outside the UK1.

Recommendation 1. It is important to clearly spell out the relationship/hierarchy between the Spaceflight Act 2017 and the Outer Space Act 1986 (the current legislation).

2. The OSA specifically addresses regulations regarding the prevention of the “contamination of outer space”, in compliance with the UN Outer Space Treaty2 but which are not presently included in the DSB.

Recommendation 2. The current OSA regulations regarding the prevention of the “contamination of outer space” must be carried across into the Spaceflight Act 2017, and made applicable to UK-based spaceflight activities, in order to ensure compliance with the UN Outer Space Treaty.

3. The DSB does not appear to address the criteria for the design and performance envelope of a safe spacecraft. The OSA on the other hand makes reference to a set of comprehensive standards applicable to the design and the functioning of space vehicles, a) defined in the OSA Database of Standards 20103, and b) summarised in draft “traffic-light” regulations applicable to CubeSats4, neither of which are presently included in the DSB.

Recommendation 3. The Outer Space Act Database of Standards 2010 should be revised to account for the draft “traffic-light” regulations applicable to CubeSats, and made applicable both to the Spaceflight Act 2017 and to the Outer Space Act 1986.

4. The DSB addresses the legislation necessary to regulate the establishment and operation of spaceports in the UK but appears not to address how to attract entrepreneurial launch operators.

Recommendation 4. The Spaceflight Act 2017 must not only create the legislation necessary and sufficient to regulate the establishment and operation of spaceports in the UK but also to attract entrepreneurial launch operators from the UK and around the world to enhance the commercial benefits to the UK.

5. In the provisions related to Range5, the DSB does not explicitly address “controlled and uncontrolled airspace”, potentially leaving users unaware of their obligations.

Recommendation 5. The Spaceflight Act 2017 should make explicit reference to the obligations related to “controlled and uncontrolled airspace” rather than just “airspace”.

1 See DSB Schedule 10 – Minor and Consequential Amendments 2 ST/SPACE/11 ISBN 92-1-100900-6 3 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/295764/dtbofstnds2010.pdf 4https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/447284/Draft_Cubesat_regulation_recom mendations.pdf 5 DSB Clauses 4, 5, and 6 1 | P a g e

Select Committee Submission

6. While appearing to make little or no reference to the provision of oversight to ensure the spacecraft will be launched into the right orbit (the launch process) and remain there, the DSB identifies that powers with regard to Range6 will be assigned to the Civil Aviation Authority (CAA). However, the current CAA capability may potentially be insufficient to provide the full level of regulatory oversight across all areas. Appointment of more than one regulator, even for specific functions, might be appropriate for the task required, but the lines of responsibility should be made clear so that licence holders can easily navigate the regulatory landscape within their current understanding.

Recommendation 6. In order to provide the necessary level of regulatory oversight for space activities and clarity to licence holders7, Government should consider whether to a) add space- related capabilities to the CAA, b) establish a new authority or c) appoint more than one regulator, each with specific domains of competence and clear lines of responsibility, and to reflect the decision in the Spaceflight Act 2017.

7. The DSB appears to suggest that the launch vehicles will be tracked (and if necessary, aborted) by means of ground-based range systems, without addressing the future role of Autonomous Flight Safety Systems (AFSS).

Recommendation 7. Spaceflight Act 2017 regulations concerned with management of range control and range safety should take account of the future availability of certified Autonomous Flight Safety Systems (AFSS).

8. The DSB addresses the granting, terms, validity etc. of licences for spaceflight activities, but does not appear to elaborate the different nature of licences and the specific certifications required for spaceport operators, launch vehicle providers/operators and spacecraft providers/operators.

Recommendation 8. The Spaceflight Act 20178 should clarify the differing nature and duration of licences for the different parties involved, and the need for certification (analogous with aircraft certification), for example specifically addressing:

a) Manufacturer certification of launch vehicles and spacecraft9;

b) Licencing of launch vehicle / spacecraft operators generally, potentially for a number of years;

c) Licencing of each specific launch event within a defined launch window;

d) Certification of the spaceport and licencing of the (infrastructure) operators, preferably for several years to ensure return on capital invested; and

e) The need for spaceport operators to verify that spaceport users have the appropriate certification before commencing spaceflight activities

9. The DSB does not address the health, safety and environmental aspects related to on-site assembly, integration, maintenance and refurbishment of the launch vehicle and its payload (satellite), nor related to the storage and transport of launch vehicles, solid boosters and engine/thruster propellants, all of which are essential for the economic validity of the spaceport business model, but involve the handling of dangerous (essentially explosive) materials.

6 DSB Clauses 4, 5, and 6 7 DSB Clause 14 8 DSB Clauses 7, 8, 9, 10, 11, 12 9 Also with regard to the provisions of the Outer Space Act Database of Standards 2010 2 | P a g e

Select Committee Submission

Recommendation 9. The Spaceflight Act 2017 should include provisions related to health and safety, environmental protection, local planning and any other significant issues associated with the following on-site activities:

a) Manufacture/assembly/transportation/storage of launch vehicles, solid rocket boosters, payloads and satellites;

b) Integration of payload/satellite onto the launch vehicle;

c) Fuelling of the satellite and the launch vehicle; and

d) Production/storage/transportation of engine/thruster propellants, their components and raw materials.

10. In the clause10 related to Criminal Law, the DSB does not address the case in which responsibility for UK- launched satellites and/or spacecraft is passed on (or sold) to a non-UK entity after being in space for some time. It would seem inappropriate for UK law to be applicable in such a case, and a burden on the UK Government (and the UK taxpayer).

Recommendation 10. The Criminal Law Clause of the Spaceflight Act 2017 should address the situation in which UK-launched satellites and/or spacecraft are passed on (or sold) to a non-UK entity after being in space for some time.

B. About the Royal Aeronautical Society (RAeS)

The RAeS is the world's only professional body dedicated to the entire aerospace community. Established in 1866 to further the art, science and engineering of aeronautics, the Society has been at the forefront of developments in aerospace ever since. The Society seeks to:

i. promote the highest possible standards in aerospace disciplines;

ii. provide specialist information and act as a central forum for the exchange of ideas; and

iii. play a leading role in influencing opinion on aerospace matters

The RAeS Space Group11 is charged with promoting the interests of the Society and its members in astronautics and its component scientific and engineering disciplines. These interests cover the design and manufacture of spacecraft and launch vehicles, plus the application of space techniques in such varied fields as communications, navigation, planetary exploration, astronomy and remote sensing. The Space Group holds several conferences and lectures each year on exciting topics such as space tourism, spy satellites and robotic exploration of other planets.

24 March 2016

10 DSB Clause 48 11 For more information, visit: www.aerosociety.com/space 3 | P a g e