Civil aviation is undergoing a transition. Unmanned aircrafts, or drones, have emerged alongside manned aircrafts. This seemingly minor change has a significant influence on the movement of persons, services and goods by air – and has implications for the definition of aviation.

At the same time, aviation safety is governed by numerous rules, most of which are problematic in one way or another when applied to drones. According to Mikko Huttunen, airworthiness of an aircraft is one example of this. In the traditional procedure, airworthiness has been approved through Type Certification (TC), and in addition, each single aircraft must undergo a certification process as well as to maintain continuing airworthiness, which is ensured by regular inspection. However, these measures are overinclusive and out of the question for most drones.

– The rapidly developing, inexpensive and relatively low-risk drones should not, or even cannot, be regulated according to the traditional procedure. Furthermore, even gaps can be identified in the existing airworthiness rules. For example, there have been no standards for remote piloting because the existing rules focus on aircraft controlled from inside, Huttunen describes.

According to Huttunen, the main challenges, however, are related to air traffic control and the use of airspace. Large-scale unmanned aviation requires changes because the existing systems are not directly applicable to it. It is a question of both ineffectiveness and absence of rules. In addition, the existing legislation does not provide sufficient protection against intentional misuse of drones.

Creating solutions by combining existing and new rules

Aviation safety rules are primarily international and, from Finland’s perspective, European. In his dissertation, Huttunen examines the legislative approaches of the International Civil Aviation Organization (ICAO) and the EU to the safety problematic related to drones. The new rules partly build on the existing ones while including new elements, which, in Huttunen’s view, is sensible.

–Regarding air transport in particular, it has been stated that the existing rules apply to drones. However, with regard to other operations, it has been necessary to adapt the rules or to create altogether new rules. In the EU, for example, new rules governing drones purchased from stores have been created. Both approaches have their place, the starting point being that the safety level requirements must be proportionate to the risks, Huttunen says.

In addition, a new concept, U-Space, has been introduced for the purpose of drone traffic management. It refers to airspace in which drone traffic and other aircraft traffic would be seamlessly integrated. However, its large-scale implementation involves major challenges. Given the constantly growing number of drones and their expanding use, need to substantially change existing air traffic management rules regarding this issue may emerge in the future.

Examining drones from the perspective of sociotechnical change promotes development of legislation

According to Huttunen’s study, drones represent sociotechnical change in civil aviation.

– Drones are, on one hand, technology: something physical that contributes to aviation. But they cannot be regarded as mere objects. Drones are always developed, produced and used in relation to humans, which means that the change is sociotechnical in nature. As a result of this change, the presence of drones in today’s airspace enables new forms of aviation and make aviation available to the masses, Huttunen says.

In his dissertation, Huttunen presents a Model of Legislation and Sociotechnical Change, the purpose of which is to facilitate outlining the process of constructing a broader theory of the relationship between law and technology.

– All new technology and its use, that is, sociotechnical change, causes similar problems: the existing rules classify new technology erroneously, have become ineffective or include gaps. Legislative approaches, too, are similar. Existing rules are replicated or adapted, or altogether new alternative rules are created. Drones represent an example of this more general phenomenon. Through examining them, it will be possible to lay a foundation for a general, anticipatory, in-depth understanding of the relationship between law and technology, Huttunen concludes.

Information about the public defence

The doctoral dissertation ”Safety and Security of Unmanned Aircraft Systems: Legislating Sociotechnical Change in Civil Aviation” will be publicly examined with the permission of the Faculty of Law of the University of Lapland on Friday 4 December 2020 at 12:00 in lecture hall LS2 (the University of Lapland main building, C-wing). Assistant Professor Riikka Koulu from the University of Helsinki will act as the Opponent, and Professor Lotta Viikari from the University of Lapland will act as the Custos. The public defence will be held in English.

The public defence can be followed online at: https://blogi.eoppimispalvelut.fi/ulapland/

Information about the doctoral candidate

Mikko Huttunen completed his Master of Laws (LL.M.) degree at the University of Lapland in 2014. After graduation, he has been working at the Faculty of Law of the University of Lapland and spent a period as a visiting scholar at the Leiden University in 2018. In addition to researching and teaching aviation law, he has familiarized himself with state sovereignty and treaty law.

Further information

Mikko Huttunen
mikko (piste) huttunen (at) ulapland.fi

Information about the publication

Mikko T. Huttunen: Safety and Security of Unmanned Aircraft Systems: Legislating Sociotechnical Change. Acta electronica Universitatis Lapponiensis 295, ISSN 1796-6310, ISBN 978-952-337-236-8.

Permanent address of the publication: http://urn.fi/URN:ISBN:978-952-337-236-8