Discussion on the Risk and Responsibility Identification of Unmanned Aerial Vehicle Delivery

2025 04/17
1、 Diversified application scenarios drive market expansion

Drone freight is reshaping the logistics and distribution industry with technological innovation and scene adaptability. Drones can avoid ground traffic congestion, cross complex terrain, achieve efficient direct access, break through geographical limitations, and realize point-to-point linear transportation. The average delivery time of Meituan drones in cities such as Shenzhen has increased by nearly 40% compared to traditional models. Drone freight is penetrating from emergency scenarios to daily consumption, forming a multidimensional demand ecosystem:

1. Instant retail and fresh cold chain

Wal Mart, Meituan and other enterprises realize catering and drug distribution within 30 minutes through UAVs to ensure the freshness of fresh products. In the gold and jewelry delivery of Shenzhen Luohu Shuibei, drones shuttle between high-rise buildings every day, helping small and medium-sized enterprises reduce costs and increase efficiency.

2. Medical and emergency rescue

Drones can quickly transport medical supplies such as drugs and medical equipment, playing a key role in epidemic prevention and natural disaster relief. For example, SF Express delivers medication through drones, with a flight time of 5 minutes and a speed of 12 meters per second. Compared to traditional delivery, drone delivery saves over 50% of time costs.

3. Cross regional and cross-border logistics

The normalized operation of SF Express in the Guangdong Hong Kong Macao Greater Bay Area shows that drones can break through geographical barriers and achieve cross sea transportation. In the future, large cargo drones are expected to carry hundreds of kilograms of cargo and cover a range of over 500 kilometers.

2、 The main risks and responsibilities of unmanned aerial vehicles during aerial flight

1. The inherent risks of drones as a means of transportation

Firstly, its heavy load capacity requires extremely high structural strength and stability of the power system, which increases the probability of mechanical failure. Secondly, if there is a discrepancy between the loading and unloading of goods and the fixing process, it may cause the goods to shift or even fall during flight, posing a serious threat to ground personnel and facilities. At the same time, the risk of collision should not be underestimated when encountering manned or other unmanned aerial vehicles in busy airspace.

2. Risks associated with flying in cities

There are multidimensional risks associated with drone flight in urban environments. Firstly, high-rise buildings are densely packed in cities, and drones are prone to collide with obstacles such as power lines, billboards, and birds. In 2024, a drone crashed in Shanghai, injuring three people. Secondly, it is prone to electromagnetic interference problems. Urban electronic signals are complex, and drones are susceptible to interference from mobile phone base stations, Wi Fi, and other sources, leading to navigation failure. Beijing Daxing Airport has experienced over 30 flight delays due to drone interference. Once again, flights are restricted in sensitive areas such as the airspace protection zone around Beijing Capital International Airport and military restricted zones.

3. Risks arising from violations of regulatory regulations

(1) Liability for unmanned aerial vehicle operators not obtaining operator licenses

According to the Interim Regulations on the Administration of Unmanned Aerial Vehicle Flight (hereinafter referred to as the "Regulations"), those who operate civil unmanned aerial vehicles without obtaining a pilot license shall be fined between 2000 yuan and 50000 yuan by the civil aviation management department; For serious cases, a fine of not less than 10000 yuan but not more than 100000 yuan shall be imposed. Those who operate civil unmanned aerial vehicles beyond the scope specified in their pilot license shall be fined not less than 2000 yuan but not more than 20000 yuan by the civil aviation management department, and their pilot license shall be temporarily suspended for 6 to 12 months; If the circumstances are serious, their operator license will be revoked and their operator license application will not be accepted within 2 years.

(2) Violation of relevant regulations on flight activity application

If the takeoff weight of a drone delivering goods exceeds 25 kilograms, it belongs to a medium-sized unmanned aerial vehicle. According to Article 26 of the regulations, a flight activity application must be submitted to the air traffic management agency before 12:00 pm one day before the planned flight, and flight activities can only be carried out after approval. If the flight weight exceeds the prescribed weight or no flight activity application is submitted, administrative penalties may be imposed.

(3) Violation of relevant regulations on airspace

The advantage of using drones for cargo transportation is that it can avoid crowds and traffic congestion within urban areas. However, due to limited airspace, if not careful, one may enter a no fly zone and face administrative or even criminal penalties.

Wang was flying a drone in the airport clearance zone, causing multiple flights to divert. The court sentenced him to one year in prison for the crime of disrupting social order and compensated the airline with a loss of 2 million yuan.

In summary, the main risks of drones during aerial flight are falling objects from high altitudes and violating regulatory requirements.

3、 Risks and responsibility identification generated during the landing process of unmanned aerial vehicles

Using drones for freight delivery, drones frequently land and land in densely populated cities, which may result in accidents with other ground vehicles or personnel. In terms of liability determination, if a drone collides or crashes during the delivery process, the attribution of responsibility may involve operators, manufacturers, software developers, etc.

The difficulties in determining responsibility include the complex causes of accidents, which may involve technical failures, operational errors, weather factors, etc. How to determine the responsible party, whether it is the manufacturer's responsibility or the operator's responsibility, or the problem caused by third-party interference.

In the case of a motor vehicle traffic accident liability dispute between Guan and Song, a certain insurance company, Donggang YiX Agricultural Machinery Professional Cooperative, etc., the court found the following facts after trial: On June 17, 2023, Guan collided with Song's agricultural unmanned aerial vehicle during landing while riding a motorcycle on the road, and Guan was cut by the drone's fan blades.

After the incident, Guan went to Donggang Traditional Chinese Medicine Hospital for treatment. The hospitalization record shows that Guan claimed to have been cut on his right forearm, right hand, and right knee by someone else's drone fan blade while riding a motorcycle on the road half an hour ago. The hospital diagnosed him with a rupture of the extensor digitorum muscle and ulnar wrist extensor tendon in his right forearm. He was hospitalized for 44 days and spent a total of over 20000 yuan on medical expenses.

In this case, the court held that citizens' right to health is protected by law, and when it is violated, the infringer should bear the liability for damages. The accident in this case was caused by the defendant Song's improper operation of the drone. There is no evidence to prove that the plaintiff Guan was at fault in this accident. Therefore, the defendant Song should bear full liability for the plaintiff's losses and damages.

Due to the fact that the drone involved in the case was insured with third-party insurance by the defendant's insurance company, according to the insurance contract, the defendant's insurance company should bear the insurance compensation liability within the insurance liability limit, and the infringing party, defendant Song, should bear 100% of the infringement damage compensation liability for the shortfall.

The risks of unmanned aerial vehicles during landing are often caused by the negligence of the drone operator. Courts generally follow the approach of adjudicating infringement liability disputes, focusing on examining whether the operator reasonably observed the ground conditions and fulfilled their reasonable duty of care during the landing process. If there is no exemption reason for the operator of the drone, the operator of the drone may bear all the responsibility.

If there are reasonable grounds for exemption, the operator of the drone can be exempted from liability, such as accidents caused by extreme weather such as lightning strikes and typhoons. The operator can claim exemption based on Article 590 of the Civil Code of the People's Republic of China, but must prove that they have fulfilled their reasonable duty of care. If the accident is caused by human damage such as hacker attacks or signal interference, the operator may seek compensation from the infringer.

In summary, the emergence of drones has broad application space in logistics and distribution. However, the non-standard use of drones also poses certain safety hazards. When using drones for delivery, it is necessary to strictly follow the flight operation procedures, be cautious and avoid accidents that should not occur, causing harm to others, and causing losses to the business operation.
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