Legal Development Guidelines on Unmanned Aircraft Systems : A Comparative Study of Thai Law and the Provisions of the European Union Aviation Safety Agency (EASA)

Abstract

This academic consists purposes to develop the legal framework governing unmanned aircraft systems (UAS) by examining Thai law in comparison with the requirements of the European Union Aviation Safety Agency (EASA). In Thailand, UAS may be classified into two categories unmanned aircraft weighing more than 25 kilograms, which are governed by the Ministerial Notification of the Ministry of Transport on Criteria for Licensing and Conditions for the Operation or Release of Unmanned Aircraft Controlled from Outside the Aircraft, B.E. 2567 (2024) and unmanned aircraft weighing not more than 25 kilograms, which are governed by the Ministerial Notification of the Ministry of Transport on Criteria for Licensing and Conditions for the Operation or Release of Unmanned Aircraft Controlled from Outside the Aircraft, B.E. 2558 (2015). A comparative analysis with the EASA framework reveals that unmanned aircraft weighing more than 25 kilograms are regulated under a risk-based classification system similar to that of EASA, which divides operations into three categories: Open, Specific, and Certified. Under this framework, UAS operators are required to undergo training, pass theoretical examinations, and complete practical assessments. However, for unmanned aircraft weighing not more than 25 kilograms under Thai law, no risk-based operational classification has been established and no clear requirements exist regarding operator qualification or testing. Accordingly, the Ministerial Notification B.E. 2558 should be revised to incorporate a risk-based operational framework consisting of three categories 1) Open no prior authorization is required before flight, but operators must complete basic training 2) Specific operators must undergo training and pass both theoretical and practical examinations and 3) Certified operators must complete advanced training and pass both theoretical and practical examinations.