Our research indicates that Luna’s classification is a “tethered gas balloon for commercial operations.” This is a critical distinction that appears to place it outside the two most common regulatory frameworks:
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European Union (EASA) Regulations: The official EASA Balloon Rule Book specifies that its regulations do not apply to tethered gas balloons, deferring governance to individual national authorities. This means Luna’s legality is determined at the country level.
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Italian Drone (APR) Regulations: Luna does not seem to fall into the drone category, as it is not remotely piloted to navigate. Its only remote functions are for safety and lighting control, not flight.
The specific Italian regulations for tethered balloons appear to be exclusively focused on vehicles designed for the transport of people, which does not apply to Luna’s purpose. This leaves Luna in a legally ambiguous category that requires direct clarification from the authorities.
Key Questions Submitted to ENAC
To resolve this ambiguity, we have formally asked ENAC for clarification on the following points:
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Permitted Flight Zones: Is it permissible to operate Luna over “congested areas”? We require a clear distinction between operations at industrial/construction sites versus public events with gatherings of people.
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Operational Procedures: What is the official process required to conduct a flight operation? Specifically, we need to know if each flight requires a unique permit (like a NOTAM), or if a single certification for the device model would be sufficient.
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Personnel Requirements: Are certified personnel required to be on-site during setup or operation, given that Luna is not actively piloted?
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Geographical Restrictions: Are there any blanket restrictions on operating in specific locations, such as urban centers, parks, or beaches?
Next Steps
Despite sending several emails, the legal framework for Luna remains unclear. We will now pursue more direct contact with ENAC offices to obtain the definitive answers needed to move forward with the project in Italy.