Outdated Laws Are Grounding the Future of Seaplane Aviation – Will We Act in Time?
- Dragisa Raicevic
- Mar 16
- 9 min read
Updated: Mar 24
Regulations vs. Innovation: Will Seaplanes Be Left Behind in the Global Transport Evolution? Global Legislation Shaping the Future of Seaplane Aviation: A Call for Unified Regulations
We are at a crucial moment in shaping the future of seaplane aviation worldwide. The public debate on Montenegro’s Maritime Safety Law is currently underway, and for the first time, it includes specific regulations for seaplanes and their operations on water surfaces. However, this is not just a local issue—if we do not take action now to define a clear regulatory framework, the development of new-generation seaplanes will be meaningless. Legislation must evolve in parallel with technological advancements, ensuring it anticipates future trends rather than restricting them.
We are all witnesses to rigid, outdated systems that resist change, despite progress and innovation demanding adaptation. This stagnation holds back development, creating barriers to seaplane operations worldwide. Now is the time to redefine regulations, ensuring safety while minimizing environmental impact, so that seaplane aviation can thrive as a modern and efficient mode of transport.
The Air Transport Law is closely linked to the Maritime Safety Law when it comes to defining the legal status of seaplanes on water surfaces. Since seaplanes operate in both airspace and maritime environments, these two legal frameworks must be harmonized to provide clear definitions of their operational rights, safety regulations, and interaction with other maritime traffic. The new legislative framework must ensure a seamless transition between air and water-based operations without creating unnecessary bureaucratic obstacles for seaplane operators.
International Collaboration for a Unified Approach
Through discussions within the International Seaplane Regatta MONTADRIA and the newly formalized European Seaplane Association, we recognize the need to gather and harmonize all relevant national regulations regarding seaplane operations. Currently, every country has its own set of rules and restrictions, making cross-border operations complex and inefficient. This is why we are working towards a consolidated database of global regulations that define seaplane use in both recreational and commercial settings.
As many of you know, the road to implementing any new aviation regulation is long and complex. However, this is precisely the moment when the foundation is being laid, and it is vital that we take action.
Recent Roundtable on the Draft Maritime Safety Law
Recently, a roundtable discussion on the Draft Maritime Safety Law was held, organized by the Ministry of Maritime Affairs of the Government of Montenegro. We had the opportunity to participate in this discussion, presenting our proposals and suggestions based on the invaluable experience gained from hosting four successful editions of MONTADRIA, with the 5th anniversary event coming up this year.
Over the years, more than 60 aircraft, including amphibious seaplanes of all categories—from UL to transport class—have participated in the regatta. These aircraft have been tested in all possible conditions, thanks to the diverse terrain of Montenegro, from the fjords of Boka Bay to river canyons with artificial lakes and glacial mountain lakes. This real-world experience has been instrumental in shaping our proposals for the new law.
Regulatory Gaps in EU Comission Regulations, EASA’s SERA Framework
While EASA's Standardized European Rules of the Air (SERA) define some aspects of seaplane operations, they lack clear, detailed guidelines for:
Seaplane operations in non-aerodrome water zones
Certified water aerodromes
Maritime traffic interaction with seaplanes
Montenegro, as an EU candidate country, and Croatia, as an EU member state, both have very specific laws regarding off-aerodrome seaplane operations. In Montenegro, the Air Transport Law and its associated regulations clearly define the conditions and areas where seaplanes can land on water surfaces, as well as the zones where such operations are restricted.
Legal Framework for Seaplane Operations at MONTADRIA
International and EU Legal Frameworks
Convention on the International Regulations for Preventing Collisions at Sea (COLREGs, 1972)
EASA Standardized European Rules of the Air (SERA)
SERA.3230 Water operations
EU Commission Regulation 923/2012
EU Commission Regulation 965/2012
Seaplane Standard Operating Procedures (SOPs) best defined in:
FAA Seaplane Operations Manual (Chapters 1-6)
Montenegrin Legislation
Air Transport Law
Maritime Safety Law (currently under revision)
Regulation on Off-Aerodrome Water Landing and Takeoff Conditions (VASP)
Regulation on Standards and Criteria for Certified Water Aerodromes
Decision on Approved Off-Aerodrome Water Landing Areas (ACV CG)
SMATSA Air Traffic Control AIP ENR 6.2-9 (December 2020) defining restricted zones for seaplane water operations in Montenegro
Protected Zone Regulations for Skadar Lake National Park (Environmental Protection Agency of Montenegro)
Defining Seaplane Status in Law
A major challenge in seaplane regulations is their dual status—as both aircraft and watercraft. This means that, depending on their phase of operation, they are subject to either air transport laws or maritime laws. Our proposed amendments to Montenegro’s Maritime Safety Law provide a clear definition of this transition to avoid legal ambiguities.
Why This Matters Now
EASA must begin actively considering the future of seaplane aviation and its potential applications, from passenger transport to firefighting, environmental monitoring, emergency response, and tourism. Current EU regulations, including Regulation 923/2012 and 960/2012, lack clear definitions for NCO and NCC seaplane operations on non-aerodrome water surfaces.
A Call for Unified Rules
We propose opening a serious discussion about the harmonization of regulations governing seaplane operations. It is evident that many existing regulations are outdated and in need of revision. Our focus should be on modernizing these laws, considering their environmental impact, and ensuring full harmonization between maritime, aviation, and environmental regulations.
Join the Discussion
Montenegro has a 112-year history of seaplane aviation, making it one of the pioneering nations in this field. Through MONTADRIA, we have gained extensive practical experience testing all categories of seaplanes under real-world conditions, from the fjords of Boka Bay to glacial lakes in the mountains.
The proposed legal amendments would align Montenegro’s regulations with modern international standards, increase safety, and remove outdated restrictions that currently limit seaplane operations. This is a pivotal moment for shaping the future of seaplane aviation worldwide, and we invite all stakeholders to join the discussion.
This is a sample of my comments submitted to the: MINISTRY OF MARITIME AFFAIRS OF THE GOVERNMENT OF MONTENEGRO
COMMENTS, SUGGESTIONS, AND PROPOSALS on the
DRAFT MARITIME SAFETY LAW
Comment and Suggestion 1: Article 8, Paragraph 123 - Precise Definition of Seaplanes and Status Transition
Current text (Article 8, Paragraph 123):"A seaplane is an aircraft designed to maneuver on water."
Proposed Amendment 1:"A seaplane is an aircraft designed to maneuver on water. Its status as an aircraft remains until the moment it completely loses aerodynamic lift on the water, after which it transitions to the status of a vessel."
Justification: This amendment precisely and clearly defines the transition of a seaplane's status and the moment when it ceases to be an aircraft and becomes a vessel. This is crucial for the proper application and differentiation of the Air Transport Law and the Maritime Safety Law, ensuring clarity on how and when they overlap. The amendment contributes to the harmonization of both laws that govern seaplane operations as a dual-status transport mode. This definition aligns with international standards (ICAO, FAA, EASA) and allows for regulatory harmonization.
Comment and Suggestion 2: Article 27, Paragraph 1 - Reclassification of Seaplanes in Relation to Watercraft
Current text (Article 27, Paragraph 1):*"Watercraft navigating Montenegrin waters must not approach the shore closer than:
Ships, yachts, and seaplanes - less than 300 meters;
Motorboats and fishing vessels - less than 150 meters."*
Proposed Amendment 2:*"Watercraft navigating Montenegrin waters must not approach the shore closer than:
Ships and yachts - less than 300 meters;
Seaplanes and motorboats - less than 150 meters."*
Justification: Seaplanes, due to their characteristics, size, and operational parameters, are much closer to motorboats than to ships or yachts. Their weight, passenger capacity, and maneuvering capabilities are more similar to boats than to large vessels. The term "flying boat" is commonly used in aviation terminology.
Example of global practice:
Plaese provide a samples in your countries
Comment and Suggestion 3: Article 27, Paragraph 2 - Definition of "Approaching the Shore"
Current text (Article 27, Paragraph 2):"A seaplane may land on or take off from the sea at a distance of no less than 300 meters from the shore."
Proposed Amendment 3A:"A seaplane may land on or take off from the sea at a distance of no less than 150 meters from the shore along the flight path, with a 30-degree approach cone (15 degrees left and right of the flight axis). Lateral distance from the shore must not be less than twice the wingspan of the seaplane, except in designated zones where the outer boundary of the zone serves as a reference point."
Or, a more detailed version:
Proposed Amendment 3B:*"A seaplane may land on or take off from the sea at a distance of no less than 150 meters from the shore along the flight path, with a 30-degree approach cone (15 degrees left and right of the flight axis).
The lateral distance from the shore must not be less than twice the wingspan of the seaplane, except in designated zones where the outer boundary of the zone serves as a reference point.
On rivers and narrow waterways, a seaplane may use a safety corridor with a minimum width equal to the wingspan on both sides of the centerline, adapting the operation to the width of the water surface and terrain configuration.
On small lakes, circular takeoff and landing techniques are applied, where priority is given to distance in the flight direction, while lateral distances may be reduced based on the *safety assessment of the pilot-in-command (PIC).”
Justification:
The 300-meter restriction from shore is not in line with international standards and hinders seaplane operations, forcing them into rough water zones in 90% of cases, making operations impossible.
EU Regulation 965/2012 and SERA rules do not prescribe a fixed distance from shore but rather leave safety assessment to the pilot-in-command (PIC).
The proposed revision introduces operational flexibility while ensuring a high level of safety.
Many countries, including the USA, Canada, the Maldives, Greece, Italy, Spain, and Scandinavia, allow closer operations to the shore.
Comment and Suggestion 4: Article 27, Paragraph 3 - Restricting Limitations to Designated Areas
Current text (Article 27, Paragraph 3):"Exceptionally, a seaplane may land on or take off from the sea at a distance of no less than 150 meters from the shore, with the approval of the Administrative Authority."
Proposed Amendment:"This restriction applies exclusively to ports, marinas, and zones with heavy maritime traffic, while in open areas, seaplane operations are determined by the pilot-in-command’s safety assessment."
Justification:
Seaplanes often operate in remote bays and water surfaces without maritime traffic.
The amendment aligns with international practices that ensure safe and flexible operations while granting pilots greater decision-making autonomy.
Comment and Suggestion 5: Article 27, Paragraph 4 - More Flexible Flight Notification System
Current text (Article 27, Paragraph 4):"A seaplane must notify the Administrative Authority of its takeoff and landing location and estimated time at least 30 minutes before departure via VHF channel 10 or 16."
Proposed Amendment:*"A seaplane must notify the relevant authority of its estimated takeoff and landing location via VHF or another suitable communication channel, in accordance with international standards and real operational conditions.
This requirement applies only in high-traffic maritime zones, including Boka Bay, ports, and harbors, while in open waters, an approximate zone and time window may be reported via other means."*
Justification:
A fixed 30-minute notification is unrealistic as weather and operational conditions change rapidly.
International standards (ICAO, SERA, EU 965/2012) do not impose such requirements.
Simultaneous communication with air traffic control and maritime authorities is impractical.
Notification procedures should only apply to high-traffic maritime areas.
Comment and Suggestion 6: Article 27, Paragraph 5 - Allowing Night Operations
Current text (Article 27, Paragraph 5):"Landing and takeoff are permitted only during daylight under good visibility and favorable meteorological conditions."
Proposed Amendment:"Landing and takeoff are permitted only during daylight under good visibility, except when the operational area is equipped for night operations with appropriate lighting, signaling, and navigation aids."
Justification:Modern navigational equipment supports night seaplane operations. This practice is already in place in many countries.
Conclusion
The proposed amendments: ✅ Clarify and improve regulatory definitions for seaplane operations ✅ Align with EU and international aviation and maritime standards ✅ Allow for greater operational flexibility ✅ Improve safety while facilitating practical application
Montenegro has a 112-year seaplane history and a unique natural environment that allows for real-world testing of all seaplane categories. These legal improvements would position Montenegro as a leader in seaplane aviation, ensuring safety, modernized infrastructure, and regulatory clarity for future seaplane operations worldwide.
Please join the discussion and share your comments! Let’s work together to ensure that seaplane aviation is recognized, regulated, and ready for the future!
Best regards,
Dragiša Raičević European Seaplane Association Vice-President
CEO of the International Seaplane Regatta MONTADRIA
MSc Aerogeophysics, Flight Instructor, SEA Pilot
📧 d.raicevic@montadria.me | 🌐 www.montadria.me | 📞 +382 69 901 680
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