FLYING CARS: LAWS AND MOBILITY

A Research Paper Submitted to Atty. Kaye Aviles

In Partial fulfillment of the Requirements for Legal Research and

Bibliography

Ma.Loisa S. Dasmariñas

1678-18
Introduction

“The world needs dreamers and the world needs doers. But
above all what the world needs most are dreamers that do.” –
Sarah Ban Breathnach

The flying car was nothing but merely a science fiction dream that
people had thought about until it slowly became a reality and a possible
solution to the ever growing congestion of land transportation.

Flying cars were first introduced in Jules Verne’s novel “Master of the
World” which was released back in 1904. Ever since then, generations of
engineers have tried to re-create the flying car as depicted in the novel.

In 1940, Henry Ford predicted a future where a combination of a car and

an airplane would exist and that it would be a revolution in the
transportation industry.

A flying car is a type of personal air vehicle or roadable aircraft that

provides door-to-door transportation by both ground and air. The term
"flying car" is also sometimes used to include hovercars. Many prototypes
have been built since the first years of the twentieth century using a variety
of flight technologies and some have true VTOL performance, but no flying
car has yet reached production status.

Their appearance is often predicted by futurologists, with their failure

ever to reach production leading to the catchphrase, "Where's my flying
car?". Flying cars are also a popular theme in fantasy and science
fiction stories. (Retrieved from https://en.wikipedia.org/wiki/Flying_car)

The main reason for this innovation is to lessen road congestion and to
usher in a new age in aerospace industry and the transportation industry.
Design and Mobility

A practical flying car must be capable of safe, reliable and

environmentally-friendly operation both on public roads and in the air. For
widespread adoption it must also be able to fly without a qualified pilot at
the controls and come at affordable purchase and running costs.

Many types of aircraft technologies and form factors have been tried.
The simplest and earliest approach was to give a drive-able car added,
bolt-on fixed flying surfaces and propeller. However, such a design must
either tow its removable parts on a separate trailer behind it or return to its
last landing point before taking off again. Other conventional takeoff
fixed-wing designs include folding wings, which the car carries with it when
driven on the road.

Vertical takeoff and landing (VTOL) designs include rotorcraft with

folding blades, as well as ducted-fan and tiltrotor vehicles. Most design
concepts have inherent problems. Ducted-fan aircraft such tend to easily
lose stability and have been unable to travel at greater than 30–40 knots.
Tiltrotors are generally noisy. To date, no vertical takeoff and landing
(VTOL) vehicle has ever demonstrated adequate road capabilities.

A basic flying car requires the person at the controls to be both a

qualified road driver and aircraft pilot. This is impractical for the majority
of people and so wider adoption will require computer systems to de-skill
piloting. These include aircraft maneuvering, navigation and emergency
procedures, all in potentially crowded airspace. Fly-by-wire computers can
also make up for many deficiencies in flight dynamics, such as stability. A
practical flying car may need to be a fully autonomous vehicle in which
people are present only as passengers.

In mid-air collisions and mechanical failures, the aircraft could fall from
the sky or go through an emergency landing, resulting in deaths and
property damage. In addition, poor weather conditions, such as low air
density, lightning storms and heavy rain, snow or fog could be challenging
and affect the aircraft's aerodynamics.

Mechanically, the challenges of flight are so strict that every opportunity

must be taken to keep weight to a minimum and a typical airframe is
lightweight and easily damaged. On the other hand a road vehicle must be
able to withstand significant impact loads from casual incidents as well as
low-speed and high-speed impacts, and the high strength this demands can
add considerable weight. A practical flying car must be both strong enough
to pass road safety standards and light enough to fly. (Retrieved from
https://en.wikipedia.org/wiki/Flying_car)

Issues

The following are the issues that surround the implementation of flying
cars:

 Safety of passengers
 Penal Punishment
 Taxation
 Insurance
 Support of the Government
 Safety of Laborers

Discussion

Article 1733 of the New Civil Code of the Philippines would be applied
in this case as the flying car is a mode of transportation and that the safety
of its passengers are its top priority. Extraordinary diligence is due when it
comes to common carriers.

Article 1736 of the New Civil Code of the Philippines would also be
applicable as it states that “The extraordinary responsibility of the common
carrier lasts from the time the goods are unconditionally placed in the
possession of, and received by the carrier for transportation until the same
are delivered, actually or constructively, by the carrier to the consignee, or
to the person who has a right to receive them, without prejudice to the
provisions of Article 1738.”

Republic Act No.10883, Section 3 discusses the penalties of those who

commit this type of crime “Sec. 3. Carnapping; Penalties. – Carnapping is
the taking, with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation
of persons, or by using force upon things.
 Any person who is found guilty of carnapping shall, regardless of the
value of the motor vehicle taken, be punished by imprisonment for not less
than twenty (20) years and one (1) day but not more than thirty (30) years,
when the carnapping is committed without violence against or intimidation
of persons, or force upon things; and by imprisonment for not less than
thirty (30) years and one (1) day but not more than forty (40) years, when
the carnapping is committed by means of violence against or intimidation of
persons, or force upon things; and the penalty of life imprisonment shall be
imposed when the owner, driver, or occupant of the carnapped motor
vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is

committed by criminal groups, gangs or syndicates or by means of violence
or intimidation of any person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped vehicle is killed or
raped in the course of the carnapping shall be denied bail when the evidence
of guilt is strong.”

According to Republic Act No. 9224 which is “An Act rationalizing the
excise tax on automobiles, amending for the purpose the national internal
revenue code of 1997, and for other purposes”. It explains how the excise
tax of the automobile is computed and it also defines what are considered as
automobiles and what are exempted from this law.

Since the flying car is considered as a vehicle that can traverse in both
land and air the insurance applicable would be different depending on how
it would be used.

According to Presidential Decree No. 612 which is the Insurance Code

of the Philippines, specifically Chapter II, Title I, Section 99 (1)(a) which
depicts what is insured under this section “(1) Insurance against loss of or
damage to: (a) Vessels, craft, aircraft, vehicles, goods, freights, cargoes,
merchandise, effects, disbursements, profits, moneys, securities, choses in
action, evidences of debts, valuable papers, bottomry, and respondentia
interests and all other kinds of property and interests therein, in respect to,
appertaining to or in connection with any and all risks or perils of
navigation, transit or transportation, or while being assembled, packed,
crated, baled, compressed or similarly prepared for shipment or while
awaiting shipment, or during any delays, storage, transhipment, or
reshipment incident thereto, including war risks, marine builder's risks, and
all personal property floater risks;”

According also to Presidential Decree No. 612 since the flying car can
also travel on land the insurance that is applicable to a motor vehicle is also
applicable which is under Chapter IV Section 374 “It shall be unlawful for
any land transportation operator or owner of a motor vehicle to operate the
same in the public highways unless there is in force in relation thereto a
policy of insurance or guaranty in cash or surety bond issued in accordance
with the provisions of this chapter to indemnify the death, bodily injury,
and/or damage to property of a third-party or passenger, as the case may be,
arising from the use thereof.”

According to Chapter XIV Sections 10, 12, and 13 of the 1987

Constitution of the Philippines the State shall promote the protection of the
rights of inventors, scientist, etc., as well as prioritize research and
development of science and technology for the national development and
progress of the State. The State shall also encourage participation from
private groups, local governments, and community-based organizations.

According to the Labor Code of the Philippines, Book Four, Title I,

Chapter II, Article 162 “Safety and health standards. - The Secretary of
Labor and Employment shall, by appropriate orders, set and enforce
mandatory occupational safety and health standards to eliminate or reduce
occupational safety and health hazards in all workplaces and institute new,
and update existing, programs to ensure safe and healthful working
conditions in all places of employment.”

Another would be also under the Labor Code of the Philippines, Book
Four, Title II, Article 168 “Compulsory coverage. - Coverage in the State
Insurance Fund shall be compulsory upon all employers and their
employees not over sixty (60) years of age: Provided, That an employee
who is over (60) years of age and paying contributions to qualify for the
retirement or life insurance benefit administered by the System shall be
subject to compulsory coverage.”

Conclusion

Based on all the above mentioned issues the application of the laws in
accordance to what our country recommends is applicable to the production
and adoption of flying cars as a mode of transportation as it not only be
applicable for land transportation but air transportation as well.

Only time will tell the success of the application and adoption of flying
cars as a mode of transportation and as an industry.

Recommendation

The only recommendation applicable would be a more coherent and

concise law that would be applicable only to flying cars as well as the
guidelines and rules regarding these kinds of vehicles and their drivers.

Bibliography

https://en.wikipedia.org/wiki/Flying_car/. Retrieved on March 28, 2019

New Civil Code of the Philippines, 2018 edition

Revised Penal Code of the Philippines, 2017 edition, Republic Act No.
10883

Republic Act No. 9224

Presidential Decree No. 612

The 1987 Constitution of the Philippines

Labor Code of the Philippines