[net.aviation] Your Very Own Spacecraft... Legal issues

wanttaja@ssc-vax.UUCP (Ronald J Wanttaja) (11/25/85)

>  I realise this is a very silly question... But supposing you had already 
>  built a high-altitude pressurised aircraft, under the homebuilt rules.
>  Is it legally possible to convert it into a spacecraft ( orbiter ),
>  assuming that you had a compact powerplant capable of such a feat?
>  Could you legally fly it ( ie, would IFR/jet rating for a private jet
>  be sufficient )?

I had been delaying putting my .02 credit's worth in on this one, in hopes
someone had a little more concrete data.  Oh, well, here goes:

What you have to do is be able to convince the FAA that the "spacecraft" is
no longer capable of functioning as an "aircraft."  How do you do that?
Well, as we used to say in the Air Force, "Beats the Hell outa me, sir!"

About five-six years ago, NASA went to the FAA to get a ruling on the
Orbiter.  The Orbiter was declared a non-aircraft, which separated it from
various FAA regulations- for instance, it has no nav lights (althogh it has
landed at night), it doesn't have an N-number or USAF tail number, etc.
Therefore, there is a precedent established.  NASA is considered
self-regulating on spacecraft and spaceman (as opposed to airman)
standards.

So as long as you didn't fly *anywhere* without exceeding 50 miles
altitude (the legal starting point of space), the FAA shouldn't be able to
touch you.  Mind you, after your 15th abort after launch in which you
happened to land at your girlfriend's city, even the FAA might get
suspicious...

However, the second point to consider is an international agreement that
all exploitation of space must be under government control.  The Feds (in
this case the State or Justice department) might be able to shut you down
using this as a pretext.  The West German firm OTRAG (sp?) got bit by this
a few years ago.  They had a concept for a cheap space booster, but the
West German government wouldn't sponsor it.  They eventually got Zaire to
take responsibility.

But then, they gotta catch you, first...

					     Ron Wanttaja
					     (ssc-vax!wanttaja)

Recipe for Taildragger 150:

Take  one 1965 Cessna 150
lightly sprinkle with 12 inches of snow
Chill.

Also works for 172s and Bonanzas (!)