The Air Navigation (Amendment) Order 2020

Additional provisions relating to unmanned aircraft

9.  After article 265 (offences and penalties), insert—

“Offences: Contravention of Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft – UAS operator

265A.— (1) A UAS operator must not cause or permit an unmanned aircraft other than a tethered small unmanned aircraft to be flown unless—

(a) the requirements in Article 4(1) of, and Part A of the Annex to, the Unmanned Aircraft Implementing Regulation are met for that flight (an ‘open’ category flight);

(b) at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—

(i) an operational authorisation issued to the UAS operator under Article 12 of the Unmanned Aircraft Implementing Regulation;

(ii) a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of the Annex to that Regulation;

(iii) an authorisation issued in accordance with Article 16 of that Regulation; or

(c) the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation (a ‘certified’ category flight).

(2) A UAS operator who contravenes paragraph (1) is guilty of an offence.

(3) A UAS operator who contravenes a relevant requirement imposed in the Unmanned Aircraft Implementing Regulation is guilty of an offence.

(4) For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the Unmanned Aircraft Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.

(5) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part A of the Annex—

(i) point UAS.OPEN.050(3) (designation of remote pilot);

(ii) point UAS.OPEN.050(4)(a) (competency of remote pilot);

(iii) point UAS.OPEN.050(5) (geo-awareness updates).

(6) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part B of the Annex—

(i) point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii) point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii) point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv) point UAS.SPEC.050(1)(d)(v) (operations manual);

(v) point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi) point UAS.SPEC.050(1)(g) (record-keeping);

(vii) point UAS.SPEC.090 (access to records);

(viii) point UAS.SPEC.100 (use of certified equipment).

(7) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(ii) is a requirement in any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences);

(d) in Part B of the Annex—

(i) point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii) point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii) point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv) point UAS.SPEC.050(1)(d)(v) (operations manual);

(v) point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi) point UAS.SPEC.050(1)(g) (record-keeping);

(vii) point UAS.SPEC.100 (use of certified equipment).

(e) in Part C of the Annex—

(i) point UAS.LUC.020(2) (scope and privileges of the LUC);

(ii) point UAS.LUC.020(3) (operational control system);

(iii) point UAS.LUC.020(4) (operational risk assessment);

(iv) point UAS.LUC.020(5) (LUC record-keeping);

(v) point UAS.LUC.090 (access to records).

(8) For the purposes of paragraph (7), the holder of a LUC who, in accordance with a privilege granted under point UAS.LUC.060(2) of Part C of the Annex to the Unmanned Aircraft Implementing Regulation, authorises a flight without applying for an operational authorisation is to be taken as having complied with any requirement in a provision referred to in paragraph (7)(d) relating to an operational authorisation.

(9) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph 1(b)(iii) is a requirement of any of the following provisions of the Unmanned Aircraft Implementing Regulation—

(a) Article 14(5) (registration), subject to Article 16(4);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting of safety occurrences),

and any condition of a kind referred to in Article 16(3) of the Unmanned Aircraft Implementing Regulation that is imposed on the UAS operator in the authorisation.

Offences: Contravention of Commission Implementing Regulation (EU) 2019/947 on the rules and procedures for the operation of unmanned aircraft – remote pilot

265B.— (1)  A remote pilot must not fly an unmanned aircraft other than a tethered small unmanned aircraft unless—

(a) at the time of take-off, the remote pilot reasonably holds the view that the requirements in Article 4(1) of, and Part A of the Annex to, the Unmanned Aircraft Implementing Regulation will be met in respect of the planned flight (an ‘open’ category flight);

(b) at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—

(i) an operational authorisation issued to the UAS operator under Article 12 of the Unmanned Aircraft Implementing Regulation;

(ii) a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of the Annex to that Regulation;

(iii) an authorisation issued in accordance with Article 16 of that Regulation; or

(c) the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation (a ‘certified’ category flight).

(2) A remote pilot who contravenes paragraph (1) in relation to a flight, and who was not also the UAS operator in relation to that flight, is guilty of an offence.

(3) A remote pilot who contravenes a relevant requirement imposed in the Unmanned Aircraft Implementing Regulation is guilty of an offence.

(4) For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the Unmanned Aircraft Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.

(5) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement imposed in any of the following provisions of Part A of the Annex to the Unmanned Aircraft Implementing Regulation—

(a) point UAS.OPEN.010(2) (maximum operating height);

(b) point UAS.OPEN.060(1)(a), insofar as it relates to having the appropriate competency in the intended subcategory of flight;

(c) point UAS.OPEN.060(1)(a), insofar as it relates to carrying proof of competency;

(d) point UAS.OPEN.060(1)(d) (certain safety checks);

(e) point UAS.OPEN.060(1)(e) (MTOM check);

(f) point UAS.OPEN.060(2)(a) (fitness to fly);

(g) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(h) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(i) point UAS.OPEN.060(2)(c) (geographical zones);

(j) point UAS.OPEN.060(3) (flights close to emergency response).

(6) For the purposes of paragraph (3), in the case of a flight conducted in the circumstances referred to in paragraph (1)(a) with a UAS of a kind specified in a provision of the Unmanned Aircraft Implementing Regulation listed in column 1 of Table 1 below, a “relevant requirement” also includes a requirement imposed in a provision of that Regulation specified in column 2 of that table (where “point” refers to a point in the Annex to that Regulation).

Table 1

Provision specifying the kind of UAS	Provision containing “relevant requirements”
Article 22(a)	Point UAS.OPEN.020(1)
Point UAS.OPEN.020(5)(a), (b) or (c)	Point UAS.OPEN.020(2)
Point UAS.OPEN.020(5)(d)	Point UAS.OPEN.020(1)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot does not intend to comply with points UAS.OPEN.040(1) and (2) of that Annex	Point UAS.OPEN.030(1)
Article 22(b)	Article 22(b)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot intends to comply with points UAS.OPEN.040(1) and (2) of that Annex	Points UAS.OPEN.040(1) and (2)
Point UAS.OPEN.040(4)(a), (b), (d) or (e)	Points UAS.OPEN.040(1) and (2)
Article 22(c)	Points UAS.OPEN.040(1) and (2)

(7) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) or (ii) is a requirement imposed in any of the following provisions of Part B of the Annex to the Unmanned Aircraft Implementing Regulation—

(a) point UAS.SPEC.060(1)(a) (fitness to fly);

(b) point UAS.SPEC.060(1)(b), insofar as it relates to having the appropriate competency;

(c) point UAS.SPEC.060(1)(b), insofar as it relates to carrying proof of competency;

(d) point UAS.SPEC.060(2)(c) (certain safety checks);

(e) point UAS.SPEC.060(3)(a) (authorised limitations and conditions);

(f) point UAS.SPEC.060(3)(b) (risk avoidance);

(g) point UAS.SPEC.060(3)(c) (geographical zones);

(h) point UAS.SPEC.060(3)(d) (operator’s procedures);

(i) point UAS.SPEC.060(3)(e) (flights close to emergency response).

(8) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(iii) is any condition of a kind referred to in Article 16(3) of the Unmanned Aircraft Implementing Regulation that is imposed on the remote pilot in the authorisation.

Offence: registration of certified unmanned aircraft

265C.— (1) The owner of an unmanned aircraft required by Article 6(1) or (2) of the Unmanned Aircraft Implementing Regulation to be certified must not cause or permit that aircraft to be flown unless the owner has first registered that aircraft in accordance with Article 14(7) of that Regulation.

(2) Any person who contravenes paragraph (1) is guilty of an offence.

Minimum age requirements: UAS operators and remote pilots

265D.— (1) In accordance with Article 9(3)(a) of the Unmanned Aircraft Implementing Regulation, the minimum age for remote pilots operating a UAS in the ‘open’ category is lowered from 16 years to 12 years.

(2) The minimum age of 16 years for remote pilots operating a UAS in the ‘specific’ category is lowered—

(a) to 14 years in accordance with Article 9(3)(b) of the Unmanned Aircraft Implementing Regulation; or

(b) when operating in the framework of model aircraft clubs or associations, to 14 years or any lower minimum age provided for in an authorisation issued in accordance with Article 16 of that Regulation.

(3) A UAS operator must not cause or permit an unmanned aircraft other than a tethered small unmanned aircraft to be flown by a remote pilot who does not meet the minimum age for operating a UAS required by Article 9 of the Unmanned Aircraft Implementing Regulation, subject to paragraphs (1) and (2).

(4) A UAS operator who contravenes paragraph (3) is guilty of an offence.

(5) Paragraphs (3) and (4) cease to have effect on IP completion day(1).

(6) In the case of an individual, the CAA must not issue a unique digital registration number to a UAS operator in accordance with Article 14(6) of the Unmanned Aircraft Implementing Regulation unless the UAS operator is at least 18 years of age.

(7) In this article—

(a) ‘open’ category means a category of UAS operations that is defined in Article 4 of the Unmanned Aircraft Implementing Regulation;

(b) ‘specific’ category means a category of UAS operations that is defined in Article 5 of the Unmanned Aircraft Implementing Regulation.

Offences: tethered small unmanned aircraft

265E.— (1) A UAS operator must not cause or permit a tethered small unmanned aircraft to be flown, unless the following requirements of the Unmanned Aircraft Implementing Regulation are complied with in relation to the tethered small unmanned aircraft—

(a) Article 14(5) (registration);

(b) Article 14(8) (display of registration number);

(c) Article 19(2) (reporting safety occurrences);

(d) point UAS.OPEN.050(3) of Part A of the Annex (designation of remote pilot);

(e) point UAS.OPEN.050(5) of Part A of the Annex (geo-awareness updates).

(2) Subject to paragraph (3), a remote pilot must not fly a tethered small unmanned aircraft unless the following requirements of the Unmanned Aircraft Implementing Regulation are complied with in relation to the tethered small unmanned aircraft—

(a) where the tethered small unmanned aircraft has a MTOM of less than 250g, the following provisions of Part A of the Annex to that Regulation—

(i) point UAS.OPEN.010(2) (maximum operating height);

(ii) point UAS.OPEN.020(2) (overflight of people);

(iii) point UAS.OPEN.060(1)(d) (certain safety checks);

(iv) point UAS.OPEN.060(2)(a) (fitness to fly);

(v) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(vi) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(vii) point UAS.OPEN.060(2)(c) (geographical zones);

(viii) point UAS.OPEN.060(3) (flights close to emergency response);

(b) where the tethered small unmanned aircraft has a MTOM 250g or more, the following provisions of Part A of that Annex—

(i) point UAS.OPEN.010(2) (maximum operating height);

(ii) point UAS.OPEN.020(4)(b) (competency);

(iii) point UAS.OPEN.040(1) (overflight of people);

(iv) point UAS.OPEN.040(2) (horizontal distances);

(v) point UAS.OPEN.060(1)(a) insofar as relates to carrying proof of competency;

(vi) point UAS.OPEN.060(1)(d) (certain safety checks);

(vii) point UAS.OPEN.060(2)(a) (fitness to fly);

(viii) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(ix) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(x) point UAS.OPEN.060(2)(c) (geographical zones);

(xi) point UAS.OPEN.060(3) (flights close to emergency response).

(3) A remote pilot may fly a tethered small unmanned aircraft in a manner not in compliance with the requirements specified in paragraphs (2)(a)(i), (2)(a)(ii), (2)(a)(v), (2)(b)(i), (2)(b)(iii), (2)(b)(iv) and (2)(b)(viii) provided that flight or that part of that flight is in accordance with a permission issued by the CAA to the UAS operator.

(4) For the purposes of paragraphs (1) and (2), any reference to an “unmanned aircraft” or “UAS” in the Unmanned Aircraft Implementing Regulation is to be read as if it includes a tethered small unmanned aircraft or a system that includes such an aircraft.

(5) The UAS operator or a remote pilot of a tethered small unmanned aircraft must not cause or permit—

(a) any material to be dropped from, or dangerous goods to be carried on, the aircraft during flight;

(b) the aircraft to be flown where the limit imposed by the restraining device is more than 25m long,

other than in accordance with a permission issued by the CAA to the UAS operator.

(6) The UAS operator must not cause or permit a small tethered unmanned aircraft to be flown unless the UAS operator has reasonably formed the view that the remote pilot of the aircraft complies with the requirement specified in paragraph (2)(b)(ii) in relation to that flight.

(7) Any person who contravenes paragraph (1), (2), (5) or (6) is guilty of an offence.

(8) In this article, “dangerous goods” and “MTOM” have the meanings assigned to them in Article 2 of the Unmanned Aircraft Implementing Regulation.

Penalties

265F.— (1) Any person guilty of an offence under article 265A(2) or article 265B(2) is liable on summary conviction—

(a) in England and Wales to a fine; or

(b) in Scotland or Northern Ireland to a fine not exceeding the statutory maximum.

(2) Any person guilty of an offence under article 265A(3) is liable on summary conviction to a fine—

(a) not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in—

(i) article 265A(5)(a) (registration);

(ii) article 265A(5)(b) (display of registration number);

(iii) article 265A(5)(d)(i) (designation of remote pilot);

(iv) article 265A(5)(d)(ii) (competency of remote pilot);

(v) article 265A(5)(d)(iii) (geo-awareness updates);

(vi) article 265A(6)(a) (registration);

(vii) article 265A(6)(b) (display of registration number);

(viii) article 265A(6)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(ix) article 265A(6)(d)(iii) (competence of remote pilot);

(x) article 265A(6)(d)(iv) (operations manual);

(xi) article 265A(6)(d)(vi) (record-keeping);

(xii) article 265A(6)(vii) (access to records);

(xiii) article 265A(7)(a) (registration);

(xiv) article 265A(7)(b) (display of registration number);

(xv) article 265A(7)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(xvi) article 265A(7)(d)(iii) (competency of remote pilot);

(xvii) article 265A(7)(d)(iv) (operations manual);

(xviii) article 265A(7)(d)(vi) (record-keeping);

(xix) article 265A(7)(e)(iv) (LUC record-keeping);

(xx) article 265A(7)(e)(v) (access to records);

(xxi) article 265A(9)(a) (registration); or

(xxii) article 265A(9)(b) (display of registration number);

(b) not exceeding level 4 on the standard scale in any other case.

(3) Any person guilty of an offence under article 265B(3) is liable on summary conviction to a fine—

(a) not exceeding level 2 on the standard scale if the offence relates to contravention of a relevant requirement referred to in article 265B(5)(c) or (7)(c) (requirements for remote pilot to carry proof of competency);

(b) not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in article 265B(5)(b), (5)(e) or (7)(b) (requirements for remote pilot to have appropriate competency and verify MTOM);

(c) not exceeding level 4 on the standard scale in any other case.

(4) Any person guilty of an offence under article 265C(2) or 265D(4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Any person guilty of an offence under article 265E(7) is liable on summary conviction to a fine—

(a) not exceeding level 2 on the standard scale if the offence relates to the requirement in article 265E(2)(b)(v) (requirement for remote pilot to carry proof of competency);

(b) not exceeding level 3 on the standard scale if the offence relates to a requirement referred to in—

(i) article 265E(1)(a) (registration);

(ii) article 265E(1)(b) (display of registration number);

(iii) article 265E(1)(d) (designation of remote pilot);

(iv) article 265E(1)(e) (geo-awareness updates);

(v) article 265E(2)(b)(ii) (competency); or

(vi) article 265E(6) (remote pilot competency);

(c) not exceeding level 4 on the standard scale in any other case.”.

(1)

IP Completion day is defined in Schedule 1 to the Interpretation Act (c. 30) by reference to section 39 of the European Union (Withdrawal Agreement) Act 2020 (c. 1), as 11:00pm on 31 December 2020.