Commenting on the Law Commission’s review of the law around autonomous flight in order to support the safe development of rapidly advancing technology, Holmes Mackillop has said that it’s high time aviation law rose to the challenge of unmanned aircraft.

The review is currently examining the existing legal framework to identify the challenges and opportunities linked to the introduction of highly automated systems into the aviation sector.

Automation is already heavily used in aviation, but recent breakthroughs have seen the development of innovative autonomous and highly automated systems and vehicles, such as drones, advanced air mobility vehicles and vertical take-off and landing aircraft, which can provide short journeys for a small number of people.

Holmes Mackillop director Ralph Riddiough noted that aviation law is built around the fact that pilots have ultimate responsibility for safety, so will need to be adapted to there being no pilot on board.

“Autonomy is a sliding scale, with the involvement of pilots on the ground varying in nature and degree,” he said.

“The role of machine learning/AI in the responses of innovative vehicles to danger raises questions about safety and liability. Unlike the traditional aviation industry where manufacturers and operators are separate, innovative vehicles will likely be made and operated by the same companies.

“These vehicles will require information and traffic-management services that traditional aircraft do not require given the differences in weather and topography at lower levels and in urban areas.”

Riddiough notes there are similarities with the legal framework that has been developed for automated cars and suggests that it is ambitious to think that legal regulation will facilitate technological developments, remembering that a new vehicle might take a decade to gain certification.

“A huge challenge is that battery technology cannot currently deliver the necessary power density, or withstand frequent, deep and rapid charges and discharges,” he said.

While acknowledging that increased automation has the potential to deliver substantial benefits to the entire aviation system, UK industry, and the public, Riddiough said that, to realise these benefits, the UK’s legislative and regulatory framework must be sufficiently agile to facilitate innovation, whilst robust enough to maintain the high safety standards that aviation enjoys.

ENDS

For further information please contact on Ralph Riddiough on tel 0141 226 4942