Exploring the Legal Landscape: What UAV Professionals Need to Know

The Regulatory Framework for UAVs in the UK

UAVs are subject to strict regulations in the UK under the UK Air Navigation Order 2016, which outlines the rules governing drone flights. The regulations were updated in December 2020 to adopt a more risk-based approach, shifting the focus from the weight of the drone to the type of operation being conducted.

The CAA classifies drone operations into three categories: Open, Specific, and Certified. These categories help determine the level of risk associated with an operation and the applicable requirements.

Key Categories of UAV Operations

Open Category

The Open Category covers low-risk drone operations, which have fewer restrictions. This category is divided into three subcategories:

• A1 (fly over people): Drones weighing under 250 grams can be flown over people but not over large gatherings or crowds.

• A2 (fly close to people): Drones weighing up to 2 kg can fly close to people, provided there is a horizontal distance of at least 30 metres, or 5 metres with low-speed mode enabled.

• A3 (fly far from people): Drones weighing up to 25 kg can be flown only in areas where there are no people, maintaining a distance of at least 150 metres from residential, commercial, industrial, or recreational areas.

Specific Category

The Specific Category applies to operations presenting a higher risk than those in the Open Category. These operations require Operational Authorisation from the CAA, obtained by submitting a risk assessment or using a Pre-defined Risk Assessment (PDRA).

Certified Category

The Certified Category is for the highest-risk operations, such as transporting people or dangerous goods with UAVs. These operations require certification for the UAV, the operator, and potentially the remote pilot.

Drone Registration and Licensing Requirements

Since November 2019, UK law requires anyone operating a drone weighing between 250 grams and 20 kg to register with the CAA. There are two key requirements for registration:

• Operator ID: The individual or organisation responsible for the drone must register and display this ID on the drone. This must be renewed annually.

• Flyer ID: Anyone flying the drone must pass an online theory test to obtain this ID, which is valid for five years.

For smaller drones under 250 grams (e.g., most toy drones), a Flyer ID may not be required if they are flown in accordance with the rules for the Open Category.

Remote Pilot Competency

If operating within the Specific Category, pilots require additional certification. The General Visual Line of Sight Certificate (GVC) is the most common, allowing pilots to apply for Operational Authorisation from the CAA. For the A2 subcategory, pilots can opt for the A2 Certificate of Competency (A2 CofC), which requires theoretical training.

Safety Protocols for UAV Operations

UAV operators must adhere to a range of safety protocols designed to minimise risks to people, property, and other aircraft.

Visual Line of Sight (VLOS)

In most cases, UAV pilots must maintain a Visual Line of Sight (VLOS), meaning the drone must be visible without the aid of instruments like binoculars. The maximum distance permitted under VLOS is 500 metres.

No-Fly Zones and Airspace Restrictions

There are restrictions on where drones can be flown. For example, drones are prohibited from flying near airports or military bases. The CAA offers a Drone and Model Aircraft Code and an Airspace Restrictions Map, which provide guidance on where UAV operations are restricted or prohibited.

Maximum Altitude Limits

Drone flights in the UK must not exceed an altitude of 120 metres (400 feet). Flying above this height requires CAA approval.

Privacy and Data Protection

When drones are equipped with cameras or sensors, operators must ensure compliance with the UK General Data Protection Regulation (GDPR). This includes informing individuals when they may be recorded and ensuring that data collection adheres to privacy laws. Operators may need to conduct a Data Protection Impact Assessment (DPIA) before launching operations in sensitive areas.

Recent Changes to UK Drone Laws

Drone regulations continue to evolve as the industry grows. Some key updates include:

1. U-Space

The UK is developing a framework called U-Space, which aims to manage drone traffic in low-altitude airspace through automated flight approvals, geofencing, and traffic management systems.

2. Tougher Penalties for Illegal Use

Following incidents such as the Gatwick Airport drone disruption, the UK introduced stronger penalties for illegal drone use under the Police, Crime, Sentencing and Courts Act 2022. Offences such as flying near airports or without an Operator ID can result in hefty fines and even imprisonment.

3. Beyond Visual Line of Sight (BVLOS)

Interest in Beyond Visual Line of Sight (BVLOS) operations is increasing. These operations are essential for long-range drone deliveries and large-area surveys. While BVLOS operations currently require special permission from the CAA, there are ongoing discussions about formalising the rules.

Best Practices for UAV Professionals

1. Stay Informed: Regularly check the CAA website for updates on regulations, licensing, and operational guidelines.

2. Conduct Risk Assessments: Always carry out a comprehensive risk assessment before flights, especially in populated areas.

3. Keep Accurate Records: Maintain up-to-date documentation for registrations, flight logs, and any authorisations.

4. Respect Privacy: Ensure your operations comply with GDPR requirements, especially when collecting data through aerial photography or surveillance.

5. Pursue Continuous Learning: Stay current by taking accredited courses and attending UAV industry events.

Frequently Asked Questions (FAQ)

1. Do I need a licence to fly a drone in the UK?
Yes, if you’re flying a drone weighing between 250g and 20kg, you need to obtain a Flyer ID by passing an online theory test from the CAA. Additionally, if you're responsible for the drone, you must register for an Operator ID.

2. Can I fly my drone in a city?
You can fly a drone in a city, but it must adhere to the rules outlined in the A2 or A3 subcategories of the Open Category. Flying close to people or in populated areas may require additional precautions, or even Operational Authorisation from the CAA if higher-risk activities are involved.

3. What is the maximum height I can fly my drone?
In the UK, drones must not be flown higher than 120 metres (400 feet) without special permission from the CAA.

4. Can I fly my drone near an airport?
No, flying a drone near airports is prohibited without specific permission from the CAA. There are strict restrictions on flying within controlled airspace to avoid conflicts with manned aircraft.

5. Do I need insurance to fly my drone?
While it is not legally required for hobbyists, drone operators flying for commercial purposes are advised to have public liability insurance. Some higher-risk operations may also require insurance as part of the CAA authorisation process.

6. What is VLOS and why is it important?
VLOS, or Visual Line of Sight, means the pilot must be able to see the drone at all times during flight. This is a crucial safety measure to avoid collisions or losing control of the UAV.

7. How do I obtain permission for a BVLOS operation?
To fly Beyond Visual Line of Sight (BVLOS), you must submit a risk assessment and obtain special authorisation from the CAA. BVLOS operations are typically approved for specific commercial applications, such as inspections or long-range surveys.

8. What are the penalties for flying a drone illegally?
Penalties for illegal drone operations can include fines of up to £1,000, and in serious cases, imprisonment. This applies to violations such as flying in restricted areas, exceeding altitude limits, or operating without an Operator ID.

9. Can I fly a drone at night?
Yes, drones can be flown at night, but the same safety rules apply as during the day. You must maintain a Visual Line of Sight and ensure your drone has lights visible from a distance.

10. What is U-Space, and how will it affect drone operations?
U-Space is a proposed system for managing low-altitude drone traffic through automated services, like flight approvals and geofencing. It is still in development, but once implemented, it will provide a framework for safer, more efficient UAV operations in busy or controlled airspace.

Conclusion

The UAV industry in the UK is rapidly expanding, and so too is the legal framework governing drone operations. By staying up to date on the latest regulations, obtaining the necessary licences and certifications, and adhering to safety protocols, UAV professionals can ensure their operations remain compliant, safe, and successful.

For more detailed information, always refer to the CAA’s official guidance on drone operations.