The Air Navigation (Amendment) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends provisions of the Air Navigation Order 2016 (S.I. 2016/765) (“the 2016 Order”), in particular in relation to small unmanned aircraft. “Small unmanned aircraft” is defined in Schedule 1 to that Order and includes the type of aircraft commonly known as small drones.

The flying of small unmanned aircraft is currently regulated by articles 94 and 95 of the 2016 Order, which mainly apply to the “person in charge of” the aircraft. The amendments made by this Order change this approach, so that provisions in the 2016 Order about small unmanned aircraft (including provisions added by this Order) will instead apply to two new categories of person defined in new article 94G (inserted by article 7 of this Order): the “remote pilot” (defined as an individual who remotely operates the aircraft’s flight controls, or who monitors its course while it is flying automatically and is able to intervene by operating the flight controls) and the “SUA operator” (defined as the person who has the management of the aircraft).

Article 94(4)(c) of the 2016 Order currently prohibits flying a small unmanned aircraft over 400 feet above ground, but this applies only to aircraft with a mass of more than 7kg. Article 7 of this Order replaces this with wider prohibitions applying to all small unmanned aircraft with effect from 30th July 2018. These prohibit the remote pilot from flying the small unmanned aircraft, and the SUA operator from causing or permitting it to be flown, more than 400 feet above ground (see new article 94A), or over or within 1km of a protected aerodrome at certain times (see new article 94B), unless permission has been obtained from the person set out in the new provisions. “Protected aerodrome” is defined in article 94B(5) and the Secretary of State will have power to make regulations adding additional aerodromes or descriptions of aerodrome to this list.

The restrictions on flying over or near aerodromes differ depending on whether the flight takes place during the notified hours of watch of any air traffic control unit or flight information service unit at the aerodrome. “Air traffic control unit”, “flight information service unit” and “notified” are defined in Schedule 1 to the 2016 Order. “Notified” means notified in the United Kingdom Aeronautical Information Publication, which is available at www.nats-uk.ead-it.com by selecting “IAIP” and then “eAIP AIRAC”, or in printed form (or on DVD) by writing to Aeronautical Information Service (AIS), NATS Swanwick, Room 3115, Sopwith Way, Southampton, Hants SO31 7AY.

Article 7 of this Order also introduces new procedural requirements applying to small unmanned aircraft with a mass of 250 grams or more. From 30th November 2019 these provisions will prohibit the remote pilot from flying the small unmanned aircraft, and the SUA operator from causing or permitting it to be flown, unless the SUA operator has a valid certificate of registration and the registration number is displayed on the aircraft (see new articles 94C and 94D) and the remote pilot has a valid acknowledgement of competency (see new articles 94E and 94F). Certificates of registration and acknowledgements of competency will be issued by the Civil Aviation Authority, but they will not be required to accept applications before 1st October 2019. The Secretary of State will have power to make regulations prescribing the minimum age requirement for registration as an SUA operator (see new article 94C(1)(c)) and the manner in which the registration number must be displayed on the aircraft (article 94D(2)(b)).

Article 10 of this Order amends Schedule 13 of the 2016 Order so as to include the new prohibitions affecting SUA operators and remote pilots in the list of provisions which, if breached, give rise to an offence under article 265 of the 2016 Order.

Article 5(b) makes a consequential change to insert references to the new provisions into article 23(3) of the 2016 Order. In addition article 5(a) inserts into article 23(3) of that Order a missing cross-reference to article 93 (release of small balloons), and article 5(c) clarifies that certain ancillary articles of the 2016 Order also apply to small unmanned aircraft and certain other small craft (small balloons, kites weighing not more than 2kg, and parachutes).

An Impact Assessment has not been produced for this instrument as only minimal impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.