Member Article

The Law Commission recently announced that it has commenced a three-year review of existing legal frameworks to identify the challenges and opportunities linked to the introduction of highly automated systems into the aviation sector.

Such systems could include autonomous drones that can deliver goods to remote areas and pilot-less flying taxis that can transport people across urban environments. 

A similar blueprint to autonomous vehicles law

This announcement follows the Law Commission’s three-year review of driving laws which was designed to enable the safe and responsible introduction of automated vehicles on UK roads. That project began in November 2018 and culminated in a detailed report being published in January 2022 with a detailed set of recommendations for legal reform in this area.

These recommendations provided the framework upon which the UK’s Automated Vehicles Bill is based. The Bill was announced as part of the King’s Speech in November 2023 and is currently going through Parliament.  The Bill is expected to receive Royal Assent in the coming months and will be a crucial piece of legislation to support the safe deployment and commercialisation of automated vehicles on UK roads.

The Law Commission review provided significant thought leadership, understanding, and industry engagement – which ultimately supported the creation of the Bill and the new legal requirements which will regulate technologies that are emerging from the realms of science fiction and being used in the real world.  

Influencing what the future looks like

As we have recently seen across multiple sectors, the legal framework is struggling to keep up with the pace of change of technology - which is creating legal gaps, ‘grey areas’, and obstacles. The announcement of the Law Commission review into the introduction of highly automated systems in the aviation sector therefore signals that a legal regime for the deployment of such technologies could be created in the not-too-distant future.

The review poses several questions to interested parties in the aviation sector and the responses to those questions could help to shape what a future regulatory landscape in this area might look like.  The review therefore provides those interested parties with the opportunity to share their viewpoints and requirements with the Law Commission and influence the aviation laws of tomorrow. 

The review can be accessed here and the consultation period for responding to the Law Commission’s questions closes on 27 May 2024.  

The wider context and commercial opportunity

Aviation laws are derived from a wide range of sources – including International Conventions, European Laws, National Laws, and recognised standards. This has created an extensive and prescriptive regulatory system which covers matters such as aircraft approval, operations licensing, responsibility for accidents, data sharing, and insurance.  The picture will become more complicated as human pilots and operators are potentially removed from aircraft altogether.

Failing to update these laws to reflect future technological advancements and the products and services that they can bring risks stifling innovation and investment in the sector.  It also risks potential safety and liability issues where the legal position is not clear.  

The review is therefore a welcome opportunity for regulators to begin to develop their thinking and obtain the views of various stakeholders from within the industry and further afield, to ensure that the above-mentioned balance of innovation and safety is suitably maintained. 

 

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