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Introduction to Drone Rules 2021

New rules governing the use of drones came into effect on 31 December 2020. Under the new rules, there is no longer a distinction made between the commercial and non-commercial flights. There are three new flight categories and a new classification for drones.

New Flight Categories
Instead, there are now three new flight categories called Open, Specific and Certified. Most drone use will be covered by the 'Open' category, which is for what are considered low-risk flights. This category is split into three subcategories based on the weight of the drone and the distance it can be flown from people. The subcategories are A1, A2 and A3. This guidance summarises the key points of the Drone Code covering Open A1and A3 categories.

New Drone Classification
From 1 January 2023all drones will be divided into five classes depending on specification, from class C0 to C4. The classification of the drone will determine the rules that apply when flying. As these classes have only recently been introduced, most existing drones do not have a class mark and these 'legacy drones' can continue to be flown in certain categories until 31 December 2022, depending on their weight. When the transition period ends, legacy drones can be flown in the A3 category which means at least 150m away from people and buildings. In effect these drones will become much more limited in their use over time.

Identification – Operator ID and Flyer ID
Drone owners in the UK will need two IDs before flying outdoors, the Flyer ID and an Operator ID. The person or organisation that is responsible for a drone or model aircraft that requires an operator ID must register to get an operator ID. The flyer ID is for the person flying the drone. The operator and flyer need not be the same person. The operator ID is valid for 12 months, but flyer ID lasts for 5 years. The two exceptions are for toy drones that weigh under 250g and do not have a camera and need neither ID; and drones that weigh below 250g and have a camera which only need an Operator ID.

Rules for Flying
There are a basic set of regulations for flying unmanned aircraft within the UK. Operating within these ensures a person remains in the 'Open Category', meaning that there is no need for an authorisation from the Civil Aviation Authority (CAA) to fly. The basic requirements for flying in the Open Category are described below. All flying of drones must follow the Drone and Model Aircraft Code, which states that "an unmanned aircraft must always be flown in a safe manner, both with respect to other aircraft in the air and also to people and properties on the ground." The code can be read here.

The person flying the drone must:

  • Keep the drone in direct line of sight
  • Not fly higher than 120m above ground
  • Avoid flying closer than 50m to people, buildings and cars

The only exceptions are that you can fly closer than 50m to people, and over them, if a drone is lighter than 250g or is C0 class. The same applies to a drone between 250g and 500g, or is C1 class, but you must not intentionally fly over them. You can also fly closer to people you are with you and are involved in what you are doing, such as friends, family or colleagues out flying with you. The Code also notes that the 50m minimum distance from people may need to be increased in poor weather, when flying at high speeds and at greater heights. It states that "if you fly higher than 50m, you should keep the same distance horizontally. For example, keep 80m away if you fly at a height of 80m."

  • Not fly over crowds of people

A crowd is any group of people who cannot move away quickly because of the number of other people around them

  • Keep at least 150m away from residential, recreational, commercial and industrial areas.

As for proximity to people small drones lighter than 250g, or C0 or C1 class, can be flown in residential, recreational, commercial and industrial areas.

  • Not fly where you will disturb or endanger animals and wildlife.
  • Not fly in restricted air space

Around all aerodromes and airports, there's an exclusion zone (restricted airspace) of 2-2.5 nautical miles, with a 5km long and 1km wide exclusion at both ends of each runway.
Restricted airspace means that you cannot fly in these places unless you've got permission from the relevant authority. These include around airports, critical infrastructure and military installations.

Liability Insurance
If you fly a drone or model aircraft that weighs less than 20kg for fun, recreation, sport, or as a hobby, you can choose whether or not to have insurance. If you fly for any other reason, you must have third party liability insurance. For example, you must have insurance if you get paid to take pictures or record video or carry out surveys; or use your drone for work, such as on a farm, park or estate. if your drone or model aircraft is 20kg or more, you must always have third party insurance, no matter what you use your aircraft for.

Privacy and data protection
Drone operators and remote pilots should be aware that the collection of images of identifiable individuals, even inadvertently, when using surveillance cameras mounted on an unmanned aircraft, may be subject to the General Data Protection Regulation and the Data Protection Act 2018. Further information about these regulations and the circumstances in which they apply can be obtained from the Information Commissioner's Office and website: https://ico.org.uk/for-the-public/drones/.

Trespass
Drone operators must be aware of their responsibilities regarding operations from private land and any requirements to obtain the appropriate permission before operating from a particular site. They must ensure that they observe the relevant trespass laws and do not unwittingly commit a trespass whilst conducting a flight.

Police Powers
Police forces across the country have a wide range of powers to deal with drone misuse. They are also to receive new powers, including to land, inspect and seize drones, under the Traffic Management and Unmanned Aircraft Bill. Drone pilots could face on the spot fines of up to £1,000 for offences such as not having or displaying a flyer ID, not being able to provide proof of permissions and exemptions and, of course, for flying dangerously and/or in restricted locations.

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