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UK Drone Laws: Where Can I Fly?

 

 

 

 

 

 

 

UK Drone Laws: Where You Can Fly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Drone Laws: Registering Your Drone

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Drone Laws: Other Things You Need To Know

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Drone Laws: Drones And Privacy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Drone Laws: New Rules To Start In November 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Drone Laws: New Rules – Frequently Asked Questions

So, you’ve bought a drone, or you’re thinking of purchasing one. But one of the key things you need to know is how and where you can fly your drone, legally and safely in the UK.

This in-depth guide will tell you all you need to know about UK drone laws, including how to operate within the DroneCode, which drones need to be registered under the CAA’s Drone and Model Aircraft Registration and Education Service, and information about new European regulations which are set to start in the UK in November 2020.

We will also help you decide which apps are best to get you started, and what training you need to take to get the most out of your drone.

When you fly a drone in the UK it is your responsibility to be aware of the rules that are in place to keep everyone safe.

The DroneCode sets out basic rules to follow, to ensure you are flying legally.

The DroneCode states:

1: Always keep your drone or model aircraft in direct sight.

2: Never fly more than 400ft (120m) above the surface and stay well away from aircraft, airports, and airfields.

3: Never fly closer than 50m to people. Even when your drone is more than 50m away from people it is safer to avoid directly overflying them.

4: Never fly closer than 50m to buildings, cars, trains or boats.

5: Never fly closer than 150m to a crowd of 1,000 people or more. Never fly directly over a crowd

6: Never fly closer than 150m to built-up areas. Never fly directly over a built-up area.

7: Never fly in an airport’s flight restriction zone.

The restriction uses the airfield’s existing aerodrome traffic zone, which has a radius of either two or two and a half nautical miles and then five kilometres by one kilometre zones starting from the point known as the ‘threshold’ at the end of each of the airfield’s runways. Both zones extend upwards to a height of 2,000 feet above the airfield.

It is illegal to fly any drone at any time within these restricted zones unless you have permission from air traffic control at the airport or, if air traffic control is not operational, from the airport itself. If you endanger the safety of an aircraft, you could go to prison for five years.

8: It is illegal to fly a drone or model aircraft between 250g-20kg that does not show a valid operator ID.

This point relates to the CAA’s Drome and Model Aircraft Registration and Education Service, which started in November last year. More of that in the section below…

The Flyer ID

The flyer is the person who flies the drone or model aircraft.

You’ll need to pass the free online theory test to get a flyer ID. This is free and renewable every three years

It’s a good idea to prepare for the test before you take it.

Operator ID

The operator is responsible for making sure that only people with a valid flyer ID use their drone or model aircraft.

They must label their drones and model aircraft with their operator ID.

You must be 18 or over to register for an operator ID.

The cost for this is £9 renewable annually.

If you’re responsible for drones or model aircraft, but will not fly them you can register as an operator only. For example, if you’re responsible for your child’s drone. More on this further down.

How To Label Your Drone With Your Operator ID

You must label your operator ID on every drone or model aircraft you’re responsible for.

Your Operator ID must be:

  • visible without needing a special tool to remove or open part of your aircraft

  • clear and in block capitals taller than 3mm

  • secure and safe from damage

  • on the main body of the aircraft

  • easy to read when the aircraft is on the ground

  • You should use a removable label as your operator ID may change when you renew. You’ll need to remove your label if you’re no longer responsible for the drone or model aircraft.

Always use your Operator ID, not your Flyer ID.

I Am Registered In The UK? Does This Mean That I Am Covered Outside Of The UK?

No, it doesn’t. Your UK registration is not valid outside of the UK. Please check with the relevant authority in their destination country for details of local requirements for flying drones and model aircraft.

UK Drone Laws: Flying Commercially And Other Permissions

If you want to fly for commercial reasons, you’ll need to get a permission from the CAA.

Flying commercially means operating your drone or using images/footage from your drone for commercial gain.

To find out more about the permissions you need from the CAA, click here.

Equally, if you want to conduct flights with a drone/model aircraft weighing more than 20kg, or you want to fly outside of the rules of the DroneCode, you will need to get permission from the CAA. You can find out more by clicking here.

UK Drone Laws: Best Drone Apps And Websites To Keep You Flying Safely And Legally

There are numerous apps and websites available to help you fly safely and legally and check UK airspace.

Some of the key ones are:

Drone Assist: Drone safety app from NATS, with an interactive map of airspace used by commercial air traffic. Click here for more details.

NATS Drone Website: Provides a wealth of information about flying your drone. Click here for more details.

Flight Planning Map: Up to date NOTAMS (otice to airmen) plotted on a map. Click here for more details.

AirMap: real-time feedback of airspace rules and conditions pertaining to your flight specifications. Click here for more details.

Coverdrone FlySafe: Coverdrone FlySafe is a free app designed to help drone pilots plan and conduct their drone flights quicker and safer than before. Click here for more details.

UAV Forecast: As a drone pilot, one of the key considerations is the weather. UAV Forecast is an incredibly useful source of information, telling you everything you need to know about whether or not it is safe to fly. Click here for more details.

Windy: Windy is another app which supplies drone pilots with useful information about weather conditions. Click here for more details.

Tesla Magnetic Field Recorder: The Tesla Magnetic Field Recorder helps you to detect and record magnetic fields. The compass in your drone uses magnetic fields, and if there’s magnetic activity at or near your location, you could have issues and your drone operation could be threatened. Click here for more details.

To find out more about some of these apps, and others in the industry, read our in-depth blog by clicking here.

 

There are other factors you need to be aware of before you fly youyr drone. These include:

 

 

This includes areas around prisons, military bases, royal palaces, government sites and more.

Events: Flying may be temporarily banned in specific areas during some events, such as airshows or festivals. This is to keep everyone safe.

Emergency incidents: Temporary restrictions may be established at very short notice due to emergency incidents, such as road traffic accidents, fires and floods.

Byelaws: Byelaws may restrict when and where you can fly. Look out for local signs for information and contact details where you can find out more. Byelaws are unlikely to be shown on apps or drone websites.

Structures in the area: Check for any structures, such as cranes, masts and wires. Remember, you must be at least 50m away from these. Do not fly if there are structures in the area that will mean it’s not safe or legal.

Animals: Do not fly where you’ll disturb animals.

Report any dangerous incidents or near misses: If something dangerous happens while you’re flying your drone or model aircraft, you must report the incident to the Civil Aviation Authority. Click here.

Insurance: Insurance is optional if you’re flying for recreation. However, you should remember that you’re responsible for your actions, which means you could be held personally liable for any injury or damage you cause while you’re flying. If your flight is for any reason other than recreation, you do need insurance.

Make sure you are fit to fly: Do not fly under the influence of alcohol or drugs, or if you are tired or unwell.

Weather: Make sure you check the weather beforehand and know if it could change during your drone flight.

Know your drone: Understand your drone’s limits, such as maximum flight time, and check battery levels and firmware is up to date.

When you are flying, ensure that you do not invade anyone’s privacy, especially if your drone has a camera.

The UK Information Commissioners Office (ICO) recommends that users of drones with cameras should operate them in a responsible way to respect the privacy of others.

If your drone or model aircraft has a camera, any photos or video you take may be covered by the General Data Protection Regulation (GDPR).

If you take a video or photo of someone where they can expect privacy, such as inside their home or garden, you’re likely to be breaking data protection laws.

Some tips include:

Let people know before you start recording. If you are capturing an image or footage of friends or family, this will be easy. But in some cases, this won’t always be possible, so be sensible and apply common sense before you start.

Know your camera: Get to grips with your camera, because knowing its capabilities will help reduce the risk of privacy invasion. Some key questions inlcude, what is the quality of the image? How powerful is the zoom? If you can start/stop recording when you’re flying.

 

Make sure you can beseen: The more visible you are then the easier it will be for other people to identify who is flying the drone.

Think before sharing: Be mindful of what images/videos you have captured and if the content is sensitive, unfair or harmful before you share them on social media or post on a website.

Keep the images safe: Store your content in a safe place and delete what you don’t need.

A new chapter is starting in the UK drone industry in November 2020, with the introduction of rules from Europe.

These laws, which will affect everyone with a drone, were due to start on July 1, but they have been pushed back to November 1 – at the earliest – because of the coronavirus pandemic.

There is a fair bit to take in with these laws, and you can read more about them by clicking here, but in a nutshell:

The new rules will do away with the limitations around commercial and non-commercial drone operations, and will instead be based around the type of drone you have and where you fly it;

In some cases, the new laws will mean that you will be able to fly over people, or even get as close to five metres to people – opening up huge possibilities for certain missions.

Three categories of operation will be introduced. These are the Open category, Specific cateogry, and Certified category. Broadly speaking, the Open category will cater for hobbyists/some professional users, while the Specific category will be aimed at enterprise users and will require an Operational Authorisation – which will replace the Permission for Commercial Operation (PfCO). The Certified category is reserved for operations of the highest complexity which will fall outside the remit of the majority of drone operators.

The Open category will be divided into three subcategories – A1, A2, and A3 – which will further determine how and where you can operate your drone. These operational requirements will depend on numerous factors, such as weight, speed, and safety features.

New classes of drones (C0-C4) will be introduced. Each class will have strict criteria about the drone’s capabilities, such as speed, weight, and safety features.

Depending on your drone and how you want to operate it, two new training courses have been created. These are the A2 Certificate of Competency (A2 CofC), which is for certain operations in the Open category, and the General Visual Line of Sight Certificate (GVC), which is for drone missions in the Specific category. Heliguy is running courses for the A2 CofC and the GVC. Find out more and book your place, here. You can also find out more between the two by reading our in-depth blog.

The term PfCO will be replaced by an Operational Authorisation. But if you have a valid PfCO when the new rules start, it will still be valid.

The Drone and Model Aircraft registration and Education Service will still apply when the new laws commence.

To help explain the drone laws in a bit more detail, here are some frequently asked questions about the EASA regulations.

 

Are the Open category separation distances from uninvolved persons still based on a ‘bubble’ around the person, so we can fly over the top of them?

No, the separation distances are all based on ‘horizontal separation’ (i.e. like a ‘cylinder around the person) and they must not be overflown at any height.

 

I currently hold a ‘standard permission’ (also known as a ‘PfCO’) that was issued by the CAA. What should I do after the new EU UAS regulations become applicable?

The first point for you to note is that your permission will still remain valid until its expiry date and you will not suddenly become ‘illegal’ on 1 November 2020.

So, you can continue to operate as normal. When your permission’s expiry date approaches, you basically have two choices:

• You can renew your permission in the same way you have done in previous years; or,
• You can ‘opt out’ of the CAA’s oversight and operate within the limits of the Open category.

If you renew, nothing changes, other than the new document you receive will be called an Operational Authorisation, rather than a permission, but it will contain the same privileges as you currently hold.

If you decide to operate within the Open category instead, you will then be subject to all of the limitations of the Open category, dependent on which subcategory you operate in.

Depending on the types of flights you wish to undertake, remote pilots may be required to undertake some additional competency testing, or you may have to purchase a different type of unmanned aircraft.

I’m unsure about which category or subcategory that I fit into; how do I work this out?

You need to approach the ‘question’ from one of two angles, either:

• What type of flying/where do you want to fly? – then look at the subcategory (A1, A2 or A3) that permits this.

• What type/weight of unmanned aircraft do you have? – then look to see which subcategory your aircraft falls into and hence, work out what flying you can perform.

If the type of flying you wish to conduct falls outside these parameters, or you cannot do the type of flying you want with the unmanned aircraft you own, then you will either have to replace your unmanned aircraft with a more suitable type, or conduct your operation in the specific category and apply to the CAA for an Operational Authorisation.

 

What are the limitations regarding flight near or over vehicles, vessels and structures as they are not mentioned?

The regulations are focussed on the safety of uninvolved persons and so there are no specific minimum distances set down for separation from ‘vehicles, vessels and structures’. BUT, this does not imply a complete ‘free for all’ as vehicles, vessels and structures will in many cases still have persons inside them which need to be protected.

There are two points to take note of however:

The current ‘endangerment’ regulation in the Air Navigation Order (article 241), still applies, and so it is an offence to ‘endanger’ such property with an unmanned aircraft.

The prescribed separation distances from uninvolved persons still apply to persons that are occupants of any vehicle, vessel or structure. So, you still have to apply the relevant limitations for separating from persons, unless you can be certain that they are unoccupied or, in the case of structures, you can be certain that the occupants will be protected because of how the structure has been manufactured.

Of course, the overall security and privacy situation must also be considered, as there will be a number of buildings where it would be inadvisable, from a security or privacy standpoint, to be flying close to without first obtaining permission to do so.

What limitations are there for night flying in the open category?

There are no specific limitations but remember that only VLOS flight is permitted in the Open category. Therefore, you must keep the unmanned aircraft within your visual line of sight at all times. Clearly, this means that at night the aircraft must be sufficiently illuminated for the remote pilot to be able to see it and carry out his/her collision avoidance responsibilities.

 

Are there any plans to allow current, & recently expired PFCO holders, or Model association members with an appropriate “Achievement Award” to be exempt from the requirement to undertake the A2 CofC test in order to fly in the A2 subcategory?

No. The A2 subcategory is part of the Open category and so has no oversight by the CAA. Therefore, any person operating on the Open category must comply with the full requirements of the category.

 

Can a current NQE certificate (or ‘full recommendation’) of remote pilot competency be used after 1 November 2020 to fly against another operator’s PfCO?

Yes, if it is being applied to a current permission or one that is renewed as an operational authorisation and its text allows this level of competency.

The ‘operator/permission holder’ will hold the responsibility to ensure all remote pilots can operate safely and legally; within this, we would expect any remote pilot to ensure that he/she is sufficiently conversant with the new regulations.

In the future, there will come a point in time where we will require all ‘NQE full recommendations’ to have been converted into a GVC.

 

Can an existing UAS be ‘retrospectively marked’ with a ‘C’ Class from 1 November 2020 (e.g. will my 3kg drone will become a ‘C2 Class’ aircraft)?

No, this is completely wrong! The ‘CE’ Class markings do not work retrospectively.

So, a current 3kg aircraft, for example, will never become a C2 model; it will only ever be ‘a legacy unmanned aircraft that weighs 3kg’. In the same fashion, a current 800g aircraft will not become a C1 model; it is just ‘a legacy unmanned aircraft that weighs 800g’.

In order to be given a particular Class marking, the aircraft must have been
designed and manufactured to the relevant standards of that class marking.

The only way you can get an aircraft with a ‘CE class marking’ is to buy one that has this marking.

The ‘legacy unmanned aircraft’ do not suddenly become unusable however:

  • In the case of the 3kg ‘legacy aircraft’ it can only be operated in the A3
    subcategory (far from people) within the Open category, or flown in the Specific category in accordance with an operational authorisation granted by the CAA.

  • In the case of the 800g ‘legacy aircraft’, it could be operated in the A2
    subcategory until 30 Jun 2022, using the transitional provisions, provided that its remote pilot has passed the A2 CofC theoretical test.

 

Will there be any changes or further training required with other existing qualifications/permissions in order to comply with the new classes or categories (such as BVLOS operations etc)?

No, if you wish to continue with the privileges you have today, you simply renew your current permission/exemption at its expiry date and continue to operate in the Specific category. This is the same as people will have done in previous years, except that the new document you receive will be called an operational authorisation.

Is the GVC the same as a PfCO and all I need to operate?

No. The PfCO and the GVC must not be viewed in the same context.

  • The GVC is a remote pilot competency qualification; its nearest previous
    equivalent would be the ‘NQE full recommendation’

  • The PFCO is a type of operating permission, which is a written authorisation from the CAA to conduct a type of UAS operation; under the new regulations, these are called ‘operational authorisations’

So, in order for a UAS operator to obtain an operational authorisation, all of the remote pilots they use will need to have reached a suitable level of competency for that operation.

The GVC is a simple way of expressing a remote pilot’s competence to fly any VLOS operation.

From November 2020, any new operators wanting the equivalent privileges
of a PfCO, will need to apply for an operational authorisation and follow the
requirements set out in UKPDRA-01 which will be detailed in the update to CAP 722 when it is published in October.

This will require remote pilots to complete the GVC and the operator will need to submit their operations manual to the CAA in a similar way to which they do currently.

The operator will then be issued with an operational authorisation with equivalent privileges to those an operator would gain today from a PfCO.

 

Now that the commercial operations ‘trigger’ for getting a permission from the CAA has gone, can I just tear up my permission and carry on without any reference to the CAA?

It very much depends on the types of operation that you ‘want to do’, and on the aircraft that you are ‘doing it with’. If you can work within the various limits of the Open category, then you are free to do so without requiring you to obtain CAA authorisation, but bear in mind that to remain within the Open category, there are a number of limitations, both on the size or manufacturing standard of the unmanned aircraft and the competency requirements.

These may either prevent you operating, or require you to go to additional expense (by having to purchase a different aircraft and/or undertaking an additional competency test) in order to do so.

If you need to operate in a residential, commercial, industrial or recreational area (what we currently term ‘congested areas’) you will still need an authorisation from the CAA.

My current aircraft already has a setting on it where I can reduce its speed. Does this mean that I can fly in the A2 subcategory down to 5 metres from uninvolved people?

No, it doesn’t. The ‘low speed mode’ that is referred to in the A2 subcategory is a mode that is specifically designated for the C2 Class of unmanned aircraft. Any other ‘reduced speed operation’, whether electronically or physically limited, close to uninvolved persons would need to be the subject of an operational authorisation and cannot be ‘automatically’ used in the Open category.

So, for the device that you have mentioned above, unless the UA has been marked as a ‘C2 class’ UA, then these capabilities are not relevant (nor is any form of ‘skilful manoeuvring’). Existing aircraft will not be able to operate at the low speed mode distances.

What are the separation requirements from uninvolved people in the A3 subcategory of the Open category?

There should not be any uninvolved persons “endangered within the range where the UA is flown during the entire time of the UAS operation”. This means that there should not be anyone that is not part of the flight in any part of the area that the aircraft is planned to be flown, and people should be at least 50m away from the ‘boundary’ of the flying area.

If an uninvolved person ‘strays’ into the flying area, then the aircraft must be moved away from that uninvolved person immediately.

The 1:1 rule (see next question) allows remote pilots to make a quick and simple assessment of the relative risk. However, if the person stays in the operating area (as opposed to just ‘passing through’), then the flight would need to be stopped.

Some people have mentioned a ‘1 in 1 rule’. Can you explain what this is?

The ‘1:1 rule’ is offered in the AMC/GM documents as a simple ‘rule of thumb’ (as opposed to an exact rule in law) which can be used to quickly work out what separation from uninvolved persons is safe enough in the short term. It is based on the relationship between the unmanned aircraft’s height and its distance from the uninvolved person (the 1:1 line) and works as follows:

A2 subcategory – (for C2 aircraft only) when operating in low speed mode within 30m of uninvolved persons, remote pilots should aim to maintain a horizontal separation distance that is greater than, or equal to, the aircraft’s height (using the same units of measurement) E.g. if the aircraft is at 10m height, it should be kept at least 10m horizontally away from uninvolved people. Operations where the aircraft’s height is greater than the separation distance (i.e. above the 1:1 line) should be avoided or kept to the absolute minimum time necessary, due to the increased risk.

Don’t forget that the absolute minimum separation distance when in low speed mode is still 5m horizontally.

A3 subcategory – The 1:1 rule is a short-term separation measure for dealing with unexpected issues. If the aircraft is above the 1:1 line (i.e. closer to the person than its height), then it must be moved further away quickly, or its height reduced, until below the 1:1 line. If the aircraft is below the 1:1 line, then the remote pilot can continue to monitor the situation until the person has vacated the operating area. But the separation from any uninvolved person must not be reduced below 50m horizontally at any time.

I have previously held a PFCO but it has now expired. Can I use my previous remote pilot competency assessment instead of a GVC to obtain an
operational authorisation based on a PDRA after 1 November 2020?

No. No credit will be given for permissions that have expired. Any new application must comply with the remote pilot competency requirements that are stated in the relevant PDRA.

Am I compelled to use the SORA when I apply for an operational
authorisation?

No, you can still use the OSC methodology, as detailed in CAP 722A after 1
November 20 if it is more appropriate to your operation. Article 11 sets out the specific points that must be contained within an operational risk assessment.

You may choose to use your own methodology if you wish, provided that it complies with Article 11, but it should be noted that the subsequent assessment may take longer to assess by CAA staff, and hence incur an increased charge.

In CAP722B it states that I can fly at extended visual line of sight (EVLOS) if I undertake module 1. Can I add this onto my existing certificate of competency that I have obtained from my NQE?

No, you will need to upgrade your NQE recommendation to a GVC prior to
undertaking module 1 of the GVC. Some RAEs will be offering an upgrade course to convert your certificate of competency to a GVC to save you from having to repeat things you learned during your NQE training.

*All copyrights to this text belongs to  https://www.heliguy.com/blog/2020/04/30/uk-drone-regulations/

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