How the regulations apply to police drone operations
Police UAS operations fall outside the scope of UK Regulation (EU) 2019/947. This is because these activities are outside the scope of the primary legislation that this regulation falls under (UK Regulation (EU) 2018/1139 – ‘The Basic Regulation’), as set out in Article 2.
There is, however, a requirement for the CAA to ensure that police UAS operations take due regard of the safety objectives of the Basic Regulation, and that they are separated safely from other aircraft. Additionally, the Air Navigation Order 2016 requirements still apply, including (but not limited to) the requirement to not recklessly or negligently act in a manner likely to endanger an aircraft, and to not recklessly or negligently cause or permit an unmanned aircraft to endanger any person or property.
The CAA is actively engaged with the Department for Transport, the National Police Chiefs’ Council (NPCC) and other government agencies to establish suitable policy to cover this area.
Until this policy is in place, police UAS operators are reminded that whilst they do not fall within the scope of the Basic Regulation, current NPCC operational guidance is that all police UAS operations remain within the confines of extant regulation. Any queries in relation to this operational guidance should be directed to the NPCC Drones Mailbox.
Offences set out within the Air Navigation Order Article 265A, 265B and 265C are based on requirements of UK Regulation (EU) 2019/947. For UAS operators and remote pilots out of scope of this regulation, then no such offence is created.
Enforcing the regulations
The Police are responsible for taking enforcement action when it is believed that the requirements of the law have not been met.
Depending on the circumstances, this action could be taken against the operator, remote pilot, or both. Penalties range from warnings to the confiscation of drones and even imprisonment.
If you have any concerns about unmanned aircraft being used in your area, either from a safety or privacy perspective, contact your local police on 101 or if it is an immediate threat to safety or security call 999.