The Law Commission of the United Kingdom has published its second consultation paper on aviation autonomy, which focuses on air traffic management and air navigation services for uncrewed aircraft.
The Commission is seeking views from anyone with an interest in or awareness of this area. The three-year review is partly funded by UK Research & Innovation (UKRI) through the Future Flight Challenge, delivered by Innovate UK and the Economic and Social Research Council. It will examine the existing legal framework to identify the challenges and opportunities linked to the introduction of highly automated systems into the aviation sector.
In its first consultation paper on aviation autonomy, the Commission looked at the law relating to drones and vertical take-off and landing aircraft (VTOLs). To operate safely in integrated airspace, those uncrewed aircraft will require some form of uncrewed traffic management.
The Commission makes provisional proposals about how UTM should be regulated, and about the legal mechanisms for establishing liability when things go wrong.
Key proposals from the second consultation paper include a separate form of certification for UTM service providers (UTMSPs), and that some form of legislative change is required in order to facilitate that. The Commission asks whether, should the existing legal framework continue to apply, the UK Civil Aviation Authority (CAA) should have more freedom to issue limited certificates to UTMSPs who cannot meet all of the existing certification requirements for ATM/ANS provision.
The Commission also looks at the current requirement for exclusivity of air traffic service (ATS) provision, and whether ATS providers should be permitted to enter into agreements with UTMSPs which allow them to provide services alongside ATS. As an alternative to this type of arrangement, the paper explores common information services (CIS) and views are invited on how CIS providers should be regulated.
The paper considers the enforcement mechanisms available to the CAA in relation to ATM/ANS provision and asks whether these should be replicated in relation to UTM provision. It then examines criminal sanctions for breaches of aviation law.
“Our analysis is that UTM service provision is already covered by some existing legislation,” the paper states. “Where it is not, we provisionally propose that legislative change is required to ensure that equivalent offences and penalties apply to UTM service provision.”
Civil liability is also covered in the consultation paper and the Law Commission considers that UTMSPs should be subject to similar liability requirements to ATM/ANS providers. It asks whether an extension of the current law on ATM/ANS liability is sufficient to deal with UTM service provision, and seeks views as to whether there are other aviation specific issues in relation to liability that it should be considering.
“Air Traffic Management and Air Navigation Services are key to enabling safe uncrewed aircraft operations,” said Commissioner for Public Law and the Law in Wales, Professor Alison Young. “It is paramount that we get the regulation of these services to uncrewed aircraft right, and that there are appropriate mechanisms in place if things do go wrong. We want to hear from those involved in developing autonomous aircraft or ATM/ANS to unpiloted aircraft, as well as anyone who may be affected by the regulation of autonomous aviation more generally.”
Jon Round, Head of Airspace, Aerodrome and Air Traffic Management at the UK Civil Aviation Authority said the Law Commission’s review is vital. “Drones and electric air taxis are exciting technology that bring unique challenges. Our Airspace Modernisation Strategy is transforming our skies to enable new innovations and the safe deployment of uncrewed aircraft is central in that work. Future-proofing laws and regulations is key to unlocking the next step of delivering air traffic services that enable whole new ways of flying.”
Simon Masters, Deputy Director Future Flight, Innovate UK also called on all interested parties to provide input to the review to help shape the UK regulatory environment. “Since 2019, UKRI’s Future Flight Challenge has positioned the UK as leaders in emerging aviation technologies and provided a focal point for industry, academia and government to collaborate. As technology advances and the industry prepares to operate at scale, it is critical the UK has appropriate regulatory foundations and air traffic management capabilities to enable uncrewed aircraft to operate safely, while unlocking significant economic benefits.”
The consultation is open until 18 July 2025.
For more information
Aviation autonomy project at The Law Commission
Image: Shutterstock
