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The Air Navigation Order 2016

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CHAPTER 4U.K.Other aerial activities

Mooring, tethering, towing, use of cables, etc.U.K.

92.—(1) This article applies to or in relation to—

(a)balloons except unmanned free balloons;

(b)gliders;

(c)kites;

(d)parascending parachutes; and

(e)airships,

within the United Kingdom (which are referred to in this article as “relevant aircraft”).

(2) A relevant aircraft which is launched, moored, tethered or [F1ground towed] must not be operated—

(a)in such a manner as to—

(i)represent a hazard to other airspace users; or

(ii)without the permission of the CAA, result in any part of the relevant aircraft whilst it is being launched or [F1ground towed], or its tether, mooring or towing equipment, extending more than 60 metres above ground level;

(b)within F2... airspace notified for the purpose of this article;

(c)within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome except—

(i)during the day and in Visual Meteorological Conditions; and

(ii)with the permission of the person in charge of the aerodrome, the appropriate air traffic control unit or the CAA.

(3) A relevant aircraft which is flown, launched, moored, tethered or [F1ground towed] must be operated in accordance with any guidance issued from time to time by the CAA relating to such operation.

(4) An airship—

(a)must not be moored within 2km of a congested area unless—

(i)it is moored on a notified aerodrome; or

(ii)it has the permission of the CAA;

(b)must not be moored within the aerodrome traffic zone of a notified aerodrome unless it has the permission of the person in charge of the aerodrome or the air traffic control unit;

(c)when moored in the open must be securely moored and must not be left unattended.

(5) A balloon—

(a)in captive flight must be securely moored and must not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings;

(b)in captive or tethered flight must not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

Textual Amendments

F1Words in art. 92(2)(3) substituted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(a)

F2Words in art. 92(2)(b) omitted (14.12.2017) by virtue of The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(b)

Release of small balloonsU.K.

93.—(1) A person must not cause or permit—

(a)a group of small balloons of more than 1,000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the CAA at least 28 days previous notice in writing of the release;

(b)a group of small balloons of more than 2,000 but not more than 10,000 in number to be simultaneously released at a single site—

(i)within airspace notified for the purposes of this sub-paragraph; or

(ii)within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome,

except with the permission of the CAA; and

(c)a group of small balloons greater than 10,000 in number to be simultaneously released at a single site except with the permission of the CAA.

[F3(2) In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.]

Textual Amendments

Small unmanned aircraft[F4: requirements]U.K.

94.—(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 [F5remote pilot] of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.

(3) The [F6remote 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.

[F7(4) If a small unmanned aircraft 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, the SUA operator must not cause or permit the aircraft to be flown, and the remote pilot in charge of the aircraft must not fly it—]

(a)in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained; [F8or]

(b)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. F9...

(c)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(4A) Paragraph (4) does not apply to any flight within the flight restriction zone of a protected aerodrome (within the meaning given in article 94B).]

[F11(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.]

Textual Amendments

F4Word in art. 94 heading inserted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(a)

F5Words in art. 94(2) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(b)

F6Words in art. 94(3) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(c)

F7Words in art. 94(4) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(d)(i)

F9Art. 94(4)(c) and word omitted (30.7.2018) by virtue of The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(d)(iii)

[F12Small unmanned aircraft: height restrictions on flightsU.K.

94A.(1) The SUA operator must not cause or permit a small unmanned aircraft to be flown at a height of more than 400 feet above the surface, and the remote pilot of a small unmanned aircraft must not fly it at a height of more than 400 feet above the surface, unless the permission of the CAA has been obtained.

(2) This article does not apply to any flight within the flight restriction zone of a protected aerodrome (within the meaning given in article 94B).

Textual Amendments

Small unmanned aircraft: restrictions on flights that are over or near aerodromesU.K.

94B.(1) This article applies to a flight by a small unmanned aircraft within the flight restriction zone of a protected aerodrome.

(2) The “flight restriction zone” of a protected aerodrome consists of the following two zones—

(a)the “Inner Zone”, which is the area within, and including, the boundary of the aerodrome;

(b)the “Outer Zone”, which is the area between—

(i)the boundary of the aerodrome, and

(ii)a line that is 1 km from the boundary of the aerodrome (the “1 km line”).

(3) In the circumstances set out in an entry in column 1 of the following table—

(a)the SUA operator must not cause or permit the small unmanned aircraft to be flown in the Inner Zone or the Outer Zone, and

(b)the remote pilot of the small unmanned aircraft must not fly it in the Inner Zone or the Outer Zone,

if the flight breaches a flight restriction set out in the entry in column 3 of the table which relates to that zone in those circumstances.

CircumstancesZoneFlight restriction(s)
There is an air traffic control unit or a flight information service unit (or both) at the protected aerodrome, and the flight takes place during the notified hours of watch of the air traffic control unit or flight information service unit.

Inner Zone or

Outer Zone

A flight at any height is prohibited unless the permission of the air traffic control unit or flight information service unit has been obtained.

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

(b) there is either an air traffic control unit or a flight information service unit at the protected aerodrome, and the flight takes place outside the notified hours of watch of the air traffic control unit or flight information service unit; or

(c) there are both an air traffic control unit and a flight information service unit at the protected aerodrome, and the flight takes place outside the notified hours of watch of the air traffic control unit and outside the notified hours of watch of the flight information service unit.

Inner Zone

(1) A flight at a height up to and including 400 feet above the surface is prohibited unless the permission of the operator of the aerodrome has been obtained.

(2) A flight at a height of more than 400 feet above the surface is prohibited unless both—

(a) the permission of the operator of the aerodrome has been obtained, and

(b) the permission of the CAA has been obtained.

Outer ZoneA flight at a height of more than 400 feet above the surface is prohibited unless the permission of the CAA has been obtained.

(4) 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.

(5) In this article, “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 prescribed description.

Textual Amendments

Certain small unmanned aircraft: registration as an SUA operatorU.K.

94C.(1) Subject to the following provisions of this article, the CAA must issue a certificate of registration as an SUA operator to a person, or renew that person’s certificate of registration as an SUA operator, if the person—

(a)has applied to the CAA, in such manner as the CAA may require, to be registered as an SUA operator,

(b)has supplied such information and evidence as the CAA may require, and

(c)has, in the case of an individual, attained the age (if any) that is prescribed.

(2) Subject to paragraph (3), a certificate of registration may relate—

(a)to a particular description of small unmanned aircraft;

(b)to a particular description of flights by small unmanned aircraft.

(3) No certificate of registration is to be issued in relation to—

(a)small unmanned aircraft with a mass of less than 250 grams without their fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of their flight, or

(b)flights by small unmanned aircraft of that description.

(4) A certificate of registration issued, or renewed, under this article is valid for the period shown on the certificate, subject to—

(a)article 253, or

(b)the SUA operator notifying the CAA, in such manner as the CAA may require, that the SUA operator surrenders the certificate.

(5) The CAA is not required to accept applications for certificates of registration under this article before 1st October 2019.

Textual Amendments

Certain small unmanned aircraft: requirement for registration as SUA operatorU.K.

94D.(1) This article applies to a flight by a small unmanned aircraft only if it has a mass of 250 grams or more without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.

(2) The SUA operator must not cause or permit the small unmanned aircraft to be flown unless—

(a)the CAA has issued the SUA operator with a certificate of registration which is valid for that flight at the time of the flight, and

(b)the SUA operator’s registration number is displayed on the aircraft in the manner (if any) that is prescribed.

(3) The remote pilot of the small unmanned aircraft must not fly it unless the remote pilot has reasonably formed the view that the SUA operator complies with the requirements in paragraph (2) in relation to that flight.

(4) In this article—

“certificate of registration” means a certificate issued under article 94C;

“registration number” means the ten digit registration number assigned by the CAA in relation to an SUA operator’s registration under article 94C.

Textual Amendments

Certain small unmanned aircraft: competency of remote pilotsU.K.

94E.(1) Subject to the following provisions of this article, the CAA must issue an acknowledgement of competency to an individual, or renew that individual’s acknowledgement of competency, if the individual—

(a)has applied to the CAA, in such manner as the CAA may require, for an acknowledgement of competency,

(b)has supplied such information and evidence as the CAA may require,

(c)has undertaken such training as the CAA may require, and

(d)has undergone such tests as the CAA may require.

(2) That training or those tests may relate to matters which include—

(a)the practical operation of small unmanned aircraft;

(b)matters connected with the operation of small unmanned aircraft (such as respect for privacy, data protection, safety, security and environmental protection).

(3) Subject to paragraph (4), an acknowledgement of competency may relate—

(a)to a particular description of small unmanned aircraft;

(b)to a particular description of flights by small unmanned aircraft.

(4) No acknowledgement of competency is to be issued in relation to—

(a)small unmanned aircraft with a mass of less than 250 grams without their fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of their flight, or

(b)flights by small unmanned aircraft of that description.

(5) An acknowledgement of competency issued, or renewed, under this article is valid for the period shown on the acknowledgement, subject to article 253.

(6) The CAA may issue an acknowledgement of competency subject to such conditions as it deems appropriate.

(7) The CAA is not required to accept applications for acknowledgements of competency under this article before 1st October 2019.

Textual Amendments

Certain small unmanned aircraft: requirement for acknowledgement of competencyU.K.

94F.(1) This article applies to a flight by a small unmanned aircraft only if it has a mass of 250 grams or more without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.

(2) The remote pilot of the small unmanned aircraft must not fly it unless the CAA has issued the remote pilot with an acknowledgement of competency which is valid for that flight at the time of the flight.

(3) The SUA operator must not cause or permit the small unmanned aircraft to be flown unless the SUA operator has reasonably formed the view that the remote pilot of the aircraft complies with the requirements in paragraph (2) in relation to that flight.

(4) In this article “acknowledgement of competency” means an acknowledgement issued under article 94E.

Textual Amendments

Meaning of “remote pilot” and “SUA operator”U.K.

94G.  In this Order—

(a)the “remote pilot”, in relation to a small unmanned aircraft, is an individual who—

(i)operates the flight controls of the small unmanned aircraft by manual use of remote controls, or

(ii)when the small unmanned aircraft is flying automatically, monitors its course and is able to intervene and change its course by operating its flight controls;

(b)the “SUA operator”, in relation to a small unmanned aircraft, is the person who has the management of the small unmanned aircraft.]

Textual Amendments

Small unmanned surveillance aircraftU.K.

95.[F13(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 [F14the 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 [F15remote pilot] of the small unmanned surveillance aircraft or a person under the control of the [F15remote 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.

Textual Amendments

F14Words in art. 95(2)(c) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 8(b)

F15Words in art. 95(4) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 8(c)

RocketsU.K.

96.—(1) Subject to paragraph (2), this article applies to—

(a)small rockets of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds; and

(b)large rockets.

(2) This article does not apply to—

(a)an activity to which the Outer Space Act 1986 M1 applies; or

(b)a military rocket.

(3) No person may launch a small rocket unless the conditions in paragraph (4), and any of the conditions in paragraphs (5), (6) and (7) which are applicable, are satisfied.

(4) The first condition is that the person launching the rocket is satisfied on reasonable grounds that—

(a)the flight can be safely made; and

(b)the airspace within which the flight will take place is, and will throughout the flight remain, clear of any obstructions including any aircraft in flight.

(5) The second condition is that the person launching the rocket on a flight within controlled airspace has obtained the permission of the appropriate air traffic control unit for aircraft flying in that airspace.

(6) The third condition is that the person launching the rocket on a flight within an aerodrome traffic zone of an aerodrome during its notified operating hours—

(a)has obtained the permission of the air traffic control unit at the aerodrome; or

(b)if there is no air traffic control unit, has obtained from the aerodrome flight information service unit at that aerodrome information to enable the flight within the zone to be conducted safely; or

(c)if there is no air traffic control unit and no aerodrome flight information service unit, has obtained information from the air/ground communications service unit at that aerodrome to enable the flight to be conducted safely;

(7) A flight for commercial operation purposes must be carried out under and in accordance with a permission granted by the CAA to the person launching the rocket.

(8) A flight by a large rocket must be carried out under and in accordance with a permission granted by the CAA to the person launching the rocket.

Marginal Citations

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