Air Traffic Management and Unmanned Aircraft Act 2021

Provision of evidence of consents for certain flights U.K.

6 (1) A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable— U.K.

(a) has reasonable grounds for believing that—

(i) a flight by an unmanned aircraft is taking place or has taken place, and

(ii) P is or was the remote pilot or the UAS operator of the unmanned aircraft for the flight, and

(b) has reasonable grounds for suspecting that a provision of the ANO 2016 is or was being contravened unless a relevant consent is or was applicable as respects the unmanned aircraft and the flight.

(2) The constable may require P to provide, as respects the unmanned aircraft and the flight, such evidence as the constable considers reasonable of a relevant consent.

(3) In this paragraph “relevant consent” means a permission, operational authorisation, LUC, authorisation or certification required by, or referred to in, any of the following provisions of the ANO 2016—

(a) article 94A (permission for flights over or near aerodromes);

(b) article 265A(1)(b) (operational authorisation, LUC with appropriate privileges, or authorisation);

(c) article 265A(1)(c) (certification of UAS and UAS operator);

(d) article 265B(1)(b) (operational authorisation, LUC with appropriate privileges, or authorisation);

(e) article 265B(1)(c) (certification of UAS and UAS operator);

(f) article 265E(3) (tethered small unmanned aircraft: permission from CAA).

(4) P is guilty of an offence if—

(a) P fails to comply with a requirement imposed by a constable under this paragraph to provide, as respects a flight by an unmanned aircraft, evidence of a relevant consent,

(b) P is or was the remote pilot or the UAS operator of the unmanned aircraft for the flight, and

(c) the relevant consent is or was applicable as respects the unmanned aircraft and the flight.

(5) A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Paragraph 10 includes a defence to the offence under this paragraph.

Commencement Information

I1 Sch. 9 in force at 29.4.2021 for specified purposes and 29.6.2021 for all other purposes, see s. 21(1)(a)(2)