Law Commission consultation on aviation autonomy

Closes 28 Jun 2024

Civil liability and insurance

Consultation Question 44: We provisionally consider that the current law governing air carrier liability for injury or death of passengers in the UK is adequate for the introduction of remotely piloted and autonomous operations. Do you agree?
Consultation Question 45: We provisionally consider that the current law governing liability for damage to cargo in the UK is adequate for the introduction of remotely piloted and autonomous operations. Do you agree?
Consultation Question 46: We provisionally propose that liability for surface damage, in the case of UAS, should transfer to the lessee when the lease:
  1. is for more than 14 days; and
  2. specifies the aircraft is to be operated under the responsibility of the lessee.

Do you agree?

Consultation Question 47: We provisionally propose that the conditions of exemption from liability for private nuisance and trespass in section 76 of the Civil Aviation Act 1982 should be modified in their application to UAS so as to require compliance with requirements of aviation legislation that are relevant to limiting intrusion into the claimant’s land. Do you agree?
Consultation Question 48: We provisionally propose that there should be a review of product liability law (including the Consumer Protection Act 1987) to take account of the challenges of emerging technologies. The review should cover product liability as a whole, rather than be confined to aviation or automated vehicles. Do you agree?
Consultation Question 49: We seek views as to whether the current law regarding liability for mid-air collisions is satisfactory in the case of collisions involving uncrewed aircraft systems.
Consultation Question 50: We seek consultees’ views on whether they expect any difficulties applying existing insurance requirements to uncrewed aircraft systems.
Consultation Question 51: We provisionally propose that multiple simultaneous operations should be considered as the Government develops proposals for the insurance requirements applicable to uncrewed aircraft. Do you agree?