In previous installments of our series, we've looked at the rules that drone operators must follow today. But as technology advances, we're increasingly faced with the question of what drone operations will look like in the (near) future.
One of the most striking trends is autonomous drones – i.e. unmanned systems capable of safe flight without pilot intervention. Autonomous drones are no longer a question of the distant future. In some areas, they are already they actually useThe question is therefore not whether autonomous driving will come, but how quickly it will spread and how legal regulation will respond to it.
Automatic or autonomous drone?
The terms “automatic” and “autonomous” are sometimes used interchangeably. However, from a drone operation perspective, they are not the same thing.
Automatic drone For example, it can fly a pre-planned route or perform a pre-set activity. Its behavior is based on pre-defined rules and can be operated in all categories.
Autonomous drone It is able to react independently to situations that have not been pre-programmed. For example, it can evaluate changes in surrounding conditions and adjust its behavior accordingly.
Autonomy does not necessarily mean the use of artificial intelligence. Legally, what is more important is the system's ability to safely perform the intended flight without pilot intervention.
Is autonomous operation even allowed?
Yes, but not in all modes.
According to European rules Autonomous operation is not permitted in open categoryAutonomous operations can be carried out under the appropriate conditions in a specific or certified category.
It is especially important for entrepreneursIf a drone is to be able to independently perform, for example, long-term infrastructure inspections, monitoring of large areas, or other complex activities, it cannot simply be assumed that normal conditions for operating a drone in an open category will be sufficient.
The specific regime will depend on the nature of the intended operation, the system used and the level of risk.
Where can autonomous drones find application?
The potential of autonomous systems lies primarily where there is a need to repeatedly perform the same or long-term activity and at the same time it would be inefficient for a pilot to actively control each flight.
For example, it can be:
- inspection of photovoltaic power plants,
- inspection of electrical wiring and pipes,
- monitoring of buildings and infrastructure,
- inspection of large industrial areas,
- monitoring of forests and agricultural areas,
- inventory and automation of logistics processes,
- delivery of parcels,
- other specialized industrial applications.
This is where the main economic potential of autonomy emerges: a drone need not be just a pilot's tool, but can become part of automated business process.
Who is responsible when a drone makes its own decisions?
As autonomy increases, the way we think about responsibility also changes.
If a drone flies without direct pilot intervention, this does not mean that no one is responsible for its operation. The operator must continue to ensure that the operation is carried out safely and in accordance with the relevant rules and conditions of operation..
At the same time, other questions may arise: What if an autonomous system evaluates the situation incorrectly? Who is responsible for an error caused by the software? How is a sensor or communication system failure assessed? And what role does the manufacturer, operator, or person responsible for a specific operation play?
With increasing autonomy, not only the technical reliability of the system will become increasingly important, but also clear division of responsibilities between individual entities.
Autonomy does not mean flying without rules
It’s easy to fall into the trap of thinking that an autonomous drone is simply a “robot that flies itself.” However, from a legal perspective, the situation is considerably more complex.
An autonomous system must be able to operate safely even in situations that cannot be accurately predicted in advance. That puts higher demands not only on the drone design, but also on its software, sensors, communication, operator processes and overall risk assessment.
And this is where technology is increasingly beginning to collide with regulation.
What will be next?
Autonomous drones have the potential to significantly change the way businesses use unmanned systems, from being a single tool in the hands of a pilot to becoming part of larger automated systems.
But autonomy only addresses one part of the future of unmanned aviation – the ability of an individual drone to independently respond to the surrounding world.
If a large number of autonomous and other unmanned systems are to fly in the airspace simultaneously, another fundamental question arises:
How to ensure they work together safely?
The European system answers this question. U space, which we will discuss in more detail in the next part.
Are you planning to use autonomous drones in your business? Contact us. We will be happy to help you assess the legal framework of your intended operation and set it up to meet regulatory requirements.
JUDr. Ing. Jan Vych, attorney and partner
