Liability and insurance aspects of the Space Transportation System under the new Section 308 of the National Aeronautics and Space Act
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Engineering topics
Publications and source records attributed to Sloup, G. P..
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The National Aeronautics and Space Act of 1958 (NASAct) is discussed with reference to its relevance to the operation of the Space Shuttle. The law is interpreted as giving NASA authority to regulate specific Shuttle missions, as well as authority to decide how much space aboard the Shuttle gets rented to whom. The Shuttle will not, however, be considered a 'common carrier' either in terms of NASAct or FAA regulations, because it will not be held available to the public-at-large, as are the flag carriers of various national airlines, e.g., Lufthansa, Air France, Aeroflot, etc. It is noted that the Launch Policy of 1972, which ensures satellite launch assistance to other countries or international organizations, shall not be interpreted as conferring common carrier status on the Space Shuttle.
An investigation is conducted concerning the appropriate characterization of the Space Shuttle, taking into account appearance, functions, and purpose. It is concluded that in terms of purely technological criteria, the Shuttle can best be described as an 'aerospace vehicle'. Questions related to the legal characterization of the Shuttle are considered. On the basis of the Shuttle's purpose as the most important criterion, it is suggested that the Shuttle should be considered basically as a 'spacecraft', 'space vehicle', or 'space object'. Attention is given to the Shuttle's relationship to multilateral space conventions, the possibility that the Shuttle could be legally defined as an 'aircraft' under certain circumstances, the Shuttle and the Chicago Convention, and the status of Spacelab as only one part of a U.S. flag spacecraft.