On 20 May 2026, the Law Commission published its final report on aviation autonomy. Commissioned by the Department for Transport and the Civil Aviation Authority, the review addresses the legal barriers to safely deploying highly automated and autonomous systems in aviation. It focuses on three main use cases: drones, advanced air mobility such as vertical take-off and landing aircraft (VTOLs), and air traffic management. The overarching aim is to ensure that uncrewed aircraft systems (UAS) can operate with safety levels equivalent to crewed flights.
A central element of the report is drawing a clear line between remotely piloted and autonomous operations. To ensure legal certainty regarding who is responsible for aviation safety, the commission recommends that any flight where a human pilot can intervene should be classed as remotely piloted, while any flight without this possibility is autonomous. It advises retaining the current legal definition of a remote pilot and aligning their responsibilities with those of a commander in commercial air transport operations.
For passenger-carrying remotely piloted operations, ensuring equivalent safety with crewed aircraft is paramount. The remote pilot will hold ultimate legal responsibility for flight preparation checks, such as ensuring the aircraft is airworthy and that cargo is secured. Furthermore, the remote pilot will have the responsibility to refuse transport to individuals under the influence of drink or drugs. They will also be granted the power to take reasonable measures, including authorising passenger restraint under the Civil Aviation Act 1982, to protect the aircraft and its occupants in emergency situations. Operators will be required to ensure that passengers can contact a crew member at all times.
When operations become fully autonomous, the responsibilities of the pilot will shift significantly to the UAS operator. The operator will be required to use an aircraft designed to comply with operational limitations and avoid the risk of collision. Mandatory flight data recorders are also recommended for autonomous drone and VTOL operations to facilitate accident investigations and improve long-term safety.
The report also examines civil and criminal liability when accidents happen. It states that the current strict liability system will continue to function effectively for air carriers, although product liability relating to artificial intelligence requires a broader review. In terms of criminal law, the commission recommends updating the offence of hijacking under the Aviation Security Act 1982. Recognising that uncrewed aircraft could be seized by technological means or hacking without a hijacker being present on board, the report urges the UK to implement the Beijing Protocol to expand the legal definition of hijacking.
Finally, to safely integrate uncrewed flights beyond the visual line of sight, the report calls for legislative change to accommodate the certification of uncrewed aircraft systems traffic management (UTM) providers. These services will supply vital digital information about potential hazards and weather to uncrewed aircraft, ensuring they can share the airspace safely with crewed flights.
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