Legal Advice or Loopholes Needed for Manned Space Program

A DIY manned space program like Copenhagen Suborbitals is kept alive by keeping total independence, cutting the red tape and simply just doing it all in a garage. We basically try to stay below the radar at all times and are reluctant about engagements leading to signing papers or doing things (too much) by the books.

Our biggest advance is the absence of requirements for a homemade space rocket in the law. At least in Denmark they forgot to write about this and we have more or less free hands – which does give us a certain responsibility for the future. If we fuck it up, it will be more difficult for some else to do a manned space program this way.

This is in deep contrast to projects like Virgin Galactic, where they start the suborbital tour from an airplane. Airplanes are deeply regulated – rockets are not. My sympathies goes to Virgin Galactic – the development process must be difficult.

For the very same reason, are we launching from international waters. The law of the land stops 12 nautical miles from any coast, and out there you can pretty much do whatever you want. By doing so, we simply morph a legal issues into a technical problem that we can solve by ourselves. However, we do cooperate with both Danish and Swedish authorities for these launches. We ask politely about using the test range areas and skies and they smile back and everyone is having fun.

The project is legally registered as a private association with no tax benefits (not worth the time) and simply making use of one basic rule: Donations are tax-free – and only basic bookkeeping is required. The safety regulations found at any official workplace also apply to us and we take it very seriously.

During the last five years we have encountered many weird legal cases which do not make much sense and no one can explain their origin.

If we were to fix up a batch of regular black gunpowder (which we use for igniters) we risk serving time in jail. Even a few grams. But no one gives a hoot about building a rocket fueled with 12 tonnes of liquid oxygen and alcohol. That’s perfectly legal.

When I and the parachute team desperately wanted to see the main parachutes for the capsule deploy in high altitude – we had a plan of throwing out a parachute from an airplane attached a bag for ballast. But this turned out to be illegal. Any testing with parachutes legally requires a person dangling underneath the parachute. Again, no one knew why this were the case. So we found a guy.

A legal test jump using Ballast-Man. Image: CS

For next summer we are launching the HEAT2X-rocket with my scaled down capsule. Initial calculations estimates that the rocket has apogee in the range from 80-112 km depending on engine performance during its test on December 30.

If Copenhagen Suborbitals flies a rocket into space for the first time, there are likely legal actions that must be dealt with. During my time at the International Space University, we had lectures and exams in space law, and I remember the Outer Space Treaty, which is the most ratified space treaty with over 100 countries, including Denmark and US.

And here is the matter – in which I seek some kind of advice or what you may call it: Outer Space Treaty, Article 6 states: “the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty.”

Does this mean that Denmark (or any other country for that matter – if it was your project) suddenly have to approve what we are doing and will be kept responsible for our mission, if we launch into space?

What actions should be taken or not taken if we wanna keep our independent amateur project out of regulations, requirements and government approval? And who are really qualified to make those judgments if there are nothing about such requirements in the law?

Since the international community has failed to establish a clear definition of “outer space,” wouldn’t it possible to smack that on the table for confusion?

You may say that writing a blog like this contradicts staying below the radar – but everything else has been presented here as well. No one seem to know how to handle the situation and hopefully still believes that we are doing this without any sinister purpose.

A part of me just wants Saul Goodman to be living in this world.

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Kristian von Bengtson