• Small unmanned aircraft are now widely available for commercial use. More popularly known as drones, just like many other devices, they can cause injury or damage if they are not used responsibly and so are subject to specific safety rules relating to the way they are operated, which are underpinned by UK law.  
    The regulations are contained within the Air Navigation Order 2016 (ANO 2016) and there are some specific additional steps that must be taken if a drone is being flown for commercial operations.  
    Anyone using a small unmanned aircraft needs to be aware of the regulations shown below.   


  • A person must not recklessly or negligently cause or permit an aircraft to endanger
    any person or property

    (1) A person must not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small unmanned aircraft so as to endanger persons or property.

    (2) The remote pilot of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.

    (3) The remote pilot of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions.

    (4) Intentionally blank (articles removed)

    (5) The SUA operator must not cause or permit a small unmanned aircraft to be flown for the purposes of commercial operations, and the remote pilot of a small unmanned aircraft must not fly it for the purposes of commercial operations, except in accordance with a permission granted by the CAA.

    (1) If the permission or permissions that are required under this article for a flight, or a part of a flight, by a small unmanned aircraft have not been obtained-

    (a) the SUA operator must not cause or permit the small unmanned aircraft to be flown on that flight or that part of the flight; and

    (b) the remote pilot must not fly the small unmanned aircraft on that flight or that part of the flight.

    (2) Permission from the CAA is required for a flight, or a part of a flight, by a small unmanned aircraft at a height of more than 400 feet above the surface

    (3) But permission from the CAA is not required under paragraph (2) if-

    (a) the flight, or the part of the flight, takes place in a flight restriction zone at a protected aerodrome, and

    (b) permission for the flight, or the part of the flight, is required under paragraph (4) from an air traffic control unit or a flight information service unit.

    (4) Permission for a flight, or a part of a flight, by a small unmanned aircraft in the flight restriction zone of a protected aerodrome is required-

    (a) from any air traffic control unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the air traffic control unit;

    (b) from any flight information service unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the flight information service unit and either-

    (i) there is no air traffic control unit at the protected aerodrome, or

    (ii) the flight, or the part of the flight, takes place outside the operational hours of the air traffic   control unit at the protected aerodrome;

    (c) from the operator of the protected aerodrome, if-

    (i) there is neither an air traffic control unit nor a flight information service unit at the protected aerodrome; or

    (ii) the flight, or the part of the flight, takes place outside the operational hours of any such unit or units at the protected aerodrome.

    (5) In this article, “operational hours”, in relation to an air traffic control unit or flight information service unit, means the operational hours-

    (a) notified in relation to the unit, or

    (b) set out in the UK military AIP in relation to the unit.

    (6) In this article and article 94B, “protected aerodrome” means-

    (a) an EASA certified aerodrome,

    (b) a Government aerodrome,

    (c) a national licensed aerodrome, or

    (d) an aerodrome that is prescribed, or of a description prescribed, for the purposes of this paragraph.

    (7) The “flight restriction zone” of a protected aerodrome is to be determined for the purposes of this article in accordance with the following table-

    Type of protected aerodrome The “flight restriction zone”

    A protected aerodrome which is-

    (a) an EASA certified aerodrome,

    (b) a Government aerodrome, or

    (c) a national licensed aerodrome,

    and which has an aerodrome traffic zone.

    The flight restriction zone consists of-

    (a) the aerodrome traffic zone at the aerodrome,

    (b) any runway protection zones at the aerodrome, and

    (c) any additional boundary zones at the aerodrome.

    A protected aerodrome which is-

    (a) an EASA certified aerodrome,

    (b) a Government aerodrome, or

    (c) a national licensed aerodrome,

    but which does not have an aerodrome traffic zone.

    The flight restriction zone consists of the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles.

    But if the longest runway does not have a notified mid-point, the mid-point of that runway is to be used instead for the purposes of determining the flight restriction zone.

    A protected aerodrome that is prescribed, or of a description prescribed, under paragraph (6)(d). The flight restriction zone consists of the zone that is prescribed for the purposes of this paragraph.

     

    (1) This article makes provision about the meaning of expressions used in the definition of “flight restriction zone” in article 94A that applies in relation to a protected aerodrome which is-

    (a) an EASA certified aerodrome,

    (b) a Government aerodrome, or

    (c) a national licensed aerodrome,

    and which has an aerodrome traffic zone.

    (2) Subject to paragraph (4), there is one runway protection zone for each runway threshold of each runway at the aerodrome.

    (3) A “runway protection zone”, in relation to a runway threshold at the aerodrome, is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a rectangle-

    (a) whose longer sides measure 5 km;

    (b) whose shorter sides measure-

    (i) 1 km (except in the case of Heathrow Airport);

    (ii) 1.5 km, in the case of Heathrow Airport; and

    (c) which is positioned so that-

    (i) one of the shorter sides of the rectangle (“side A”) runs across the runway threshold, and

    (ii) the two longer sides of the rectangle are parallel to, and equidistant from, the extended runway centre line as it extends from side A out to, and beyond, the runway end to which the runway threshold relates.

    (4) There is no runway protection zone-

    (a) for any runway threshold at the London Heliport;

    (b) for any runway threshold that is prescribed, or of a description prescribed, for the purposes of this paragraph.

    (5) The “runway threshold” of a runway at the aerodrome is the location that, for the purpose of demarcating the start of the portion of the runway that is useable for landing, is-

    (a) notified as the threshold of the runway, or

    (b) set out as the threshold of the runway in the UK military AIP.

    (6) The “extended runway centre line”, in relation to a runway at the aerodrome, is an imaginary straight line which runs for the length of the runway along its centre and then extends beyond both ends of the runway.

    (7) An “additional boundary zone” is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within any part of the area between-

    (a) the boundary of the aerodrome, and

    (b) a line that is 1 km from the boundary of the aerodrome (the “1 km line”),

    that is neither within the aerodrome traffic zone nor within any runway protection zone at the aerodrome.

    (8) The 1 km line is to be drawn so that the area which is bounded by it includes every location that is 1 km from the boundary of the aerodrome, measured in any direction from any point on the boundary.

    (1) The SUA operator must not cause or permit a small unmanned surveillance aircraft to be flown in any of the circumstances described in paragraph (2), and the remote pilot of a small unmanned surveillance aircraft must not fly it in any of those circumstances, except in accordance with a permission issued by the CAA.

    (2) The circumstances referred to in paragraph (1) are-

    (a) over or within 150 metres of any congested area;

    (b) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;

    (c) within 50 metres of any vessel, vehicle or structure which is not under the control of the SUA operator or the remote pilot of the aircraft; or

    (d) subject to paragraphs (3) and (4), within 50 metres of any person.

    (3) Subject to paragraph (4), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.

    (4) Paragraphs (2)(d) and (3) do not apply to the remote pilot of the small unmanned surveillance aircraft or a person under the control of the remote pilot of the aircraft.

    (5) In this article, “a small unmanned surveillance aircraft” means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.

  • A small unmanned aircraft is defined as ‘any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight’.

    A commercial operation is defined as:
     ‘flight by a small unmanned aircraft except a flight for public transport, or any operation of any other aircraft except an operation for public transport;

    • which is available to the public;                  
      or
    • which, when not made available to the public, 

      in the case of a flight by a small unmanned aircraft, is performed under a contract between the SUA operator and a customer, where the latter has no control over the remote pilot

      or

      in any other case, is performed under a contract between an operator and a customer, where the latter has no control over the operator,

    in return for remuneration or other valuable consideration.’

    The key elements in understanding this term are ‘…any flight by a small unmanned aircraft…in return for remuneration or other valuable consideration’.

    The term ‘available to the public’ should be interpreted as being a service or commodity that any member of the public can make use of, or actively choose to use, (e.g. because it has been advertised or offered to someone).

    Examples showing how commercial operations are defined are available in our guidance for small UAS operators.

    An ‘SUA operator’, in relation to a small unmanned aircraft, is the person who has the management of the small unmanned aircraft.

    A congested area means, ‘in relation to a city, town or settlement, any area which is substantially used for residential, commercial, industrial or recreational purposes’.

    These rules have been established to provide a safe environment in which small unmanned aircraft can be flown without coming into conflict with manned aircraft and without risk to other people or properties. 

    You must have a Permission issued by the CAA before you conduct any commercial operations with your UAS.

    Indoor use - The applicability of the regulations regarding flights within buildings has been clarified recently.  Under the CAA Act 1982, the Air Navigation Order is made for the purposes of regulating air navigation.  Flights inside buildings have nothing to do with air navigation because they can have no effect on flights by aircraft in the open air.  As a result, flights within buildings, or within areas where there is no possibility for the unmanned aircraft to ‘escape’ into the open air (such as a ‘closed’ netted structure) are not subject to air navigation legislation.  Persons intending to operate unmanned aircraft indoors should refer to the appropriate Health and Safety At Work regulations. 

    Article 94A - 400ft height limitation interpretation

    In aviation terms, ‘height’ means the vertical distance of an object (in this case the small unmanned aircraft) from a specified point of datum (in this case above the surface of the earth). To cater for the few occasions where a small unmanned aircraft is being flown over hilly/undulating terrain or close to a cliff edge, the 400 ft height above the surface requirement may be interpreted as being a requirement to remain within a 400 ft distance from the surface, as shown in the diagram below. For the purposes of Article 94A, this is considered to be an acceptable means of compliance with the legal requirement.

    Remember that the limitation applies to ‘heights above/distances from’ the surface of the earth. It does not automatically apply to heights/distances from tall buildings or other structures: in such cases, an additional permission from the CAA will be required, which will invariably also require permission to operate within a congested area.

    400ftrule

    Non UK operators

    If you are a unmanned aircraft operator from overseas and want to carry out work in the UK, the CAA will normally be able to grant permissions to foreign operators, on the basis that you are able to satisfy the same basic safety requirements that are required for UK based operators. 

    This will depend on the evidence of ‘remote pilot competency’ that the applicant is able to provide and the location(s) where the flying is to take place. Please note that the approvals/qualifications from other nations are not ‘automatically’ accepted as being valid.  In order to fly in the UK, you must be in possession of a valid UK permission if the type of flight that you are conducting requires one.  Each application is considered on its own merits, but we will take the details of your own national approval/qualification into account when determining your application and the conditions that are set within the permission. 

    Once you have met the requirements, please follow the guidance on how to apply and submit your application.

    Information should also be supplied about the scope of the operation and where and when it will take place. In the majority of cases, only the ‘standard’ CAA permission is granted. Any aircraft weighing more than 20kg (44 lbs) is subject to a more involved process and are more difficult to approve.

    All applications should be made as far in advance as possible.

    Other Legitimate Interests

    The CAA regularly receives queries regarding who may impose restrictions on unmanned aircraft use and the land from which they are piloted.  The CAA can only provide information on its own regulations and permissions process and not those imposed by other bodies.

    As set out in CAP 722, a CAA permission only addresses the flight safety aspects of the flight operation and does not constitute permission to disregard the legitimate interests of other statutory bodies such as the Police and Emergency Services, Highways England, Data Commission, Transport for London or local authorities. It may also be the case that more than one body has an interest in a proposed flight.

    The CAA cannot provide advice on what is, or is not, a legitimate interest or whether restrictions or fees are being lawfully imposed by other authorities.  However, any authority or regulatory body should be able to identify the specific laws, regulations or bye-laws that empower it to regulate the use of UAS, or more usually, the land from which they are operated, much as the CAA has set out the regulations that it applies, above.   We therefore recommend that if you are unsure of whether a restriction imposed by a body legitimately applies to your flight, you request that information from the relevant authority or regulatory body.

    UAS operators and remote pilots are also reminded that ANO Article 241 provides that a person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.