Recommendations for Sense and Avoid Policy Compliance

Since unmanned aircraft do not have a human on board, they need to have a sense and avoid capability that provides an "equivalent level of safety" (ELOS) to manned aircraft. The question then becomes - is sense and avoid ELOS for unmanned aircraft adequate to satisfy the requirements of 14 CFR 91.113? Access 5 has proposed a definition of sense and avoid, but the question remains as to whether any sense and avoid system can comply with 14 CFR 91.113 as currently written. The Access 5 definition of sense and avoid ELOS allows for the development of a sense and avoid system for unmanned aircraft that would comply with 14 CFR 91.113. Compliance is based on sensing and avoiding other traffic at an equivalent level of safety for collision avoidance, as manned aircraft. No changes to Part 91 are necessary, with the possible exception of changing "see" to "sense," or obtaining an interpretation from the FAA General Counsel that "sense" is equivalent to "see."