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Legislation in relation to flying of drones

Alert message sent 08/06/2020 14:16:00

Information sent on behalf of Humberside Police

Drones and the law

We have had numerous recent reports about drones being flown in built up areas within our community. If you or anybody you know flies a drone please read the legislation that you need to be aware of.

Flying of Drones
Together with CAP722 (which may be viewed as the highway code), the Air Navigation Order (ANO) 2016 is the principal legislation regarding the use of drones in the UK.
Articles 94 and 95 provide for the use of drones within the UK.  Article 241 provides for those who use drones and recklessly or negligently endanger the safety of any person or property.
Small Unmanned Aircraft  Article 94 and Schedule 1
A small unmanned aircraft is:
any unmanned aircraft having a mass of not more than 20kg (without fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight),
other than a balloon or a kite.
The person in charge of such an aircraft:
may only fly the aircraft if reasonably satisfied that the flight can safely be made,
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, and
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.
Such an aircraft which has a mass of more than 7kg, excluding its fuel, but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight, must not fly the aircraft:
in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained,
within an aerodrome traffic zone during the notified hours of watch of the air traffic control unit (if any) at that aerodrome unless the permission of any such air traffic control unit has been obtained,
must not fly at a height of more than 400 feet, unless permissions have been obtained from appropriate air traffic control units,
must not fly the aircraft for the purposes of commercial operations except in accordance with a permission granted by the CAA.
The website shows in great detail where drones may and may not be flown, including all types of restricted airspace in the UK
Small Unmanned Surveillance Aircraft  Article 95
A small unmanned surveillance aircraft is:
any small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.
Unless an express permission has been issued by the CAA, the person in charge of such an aircraft must not fly it:
over or within 150 metres of any congested area, i.e. any area which is substantially used for residential, industrial, commercial or recreational purposes.
over or within 150 metres of an organised open-air assembly of more than 1,000 persons,
within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft, or
except in relation to the person in charge of the small unmanned surveillance aircraft or any person under the control of the person in charge of the aircraft, within:
50 metres of any person during flight, or
30 metres of any person during take-off or landing.
CAA Permission
Click here for a list of operators holding a valid CAA permission (updated monthly).
From 1 October 2019, if flying/using a drone over 250 grams, the user/operator:
will be required to register with the CAA,
must not fly or cause a drone to be flown:
without a certificate of registration; and
without the registration number displayed on the aircraft,
undergo a course of training to demonstrate competency; and
will require an acknowledgement of competence issued by the CAA.

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Message sent by
Nicholas Gibbs (Police,PC,Hainton Heneage)

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