Brief Overview of Drone Law in the UK

Very interesting and relevant blog post by Peter Lee who is a UK drone lawyer.

Here is part of Peter’s blogger article about a key question for the CAA

1. Can you please briefly outline the background behind the UK's regulation of Unmanned Aerial Vehicles (UAVs, or drones). What are the main aspects of the regulations?

In addition to aviation regulations, there is a complex patchwork of laws to consider in relation to drones, including insurance, privacy, data protection, liability, IP, export control and the common law torts of nuisance and trespass.

Aviation in the UK, is regulated and enforced by the Civil Aviation Authority (“CAA”). The prime UK legislation in relation to drones is the Civil Aviation Act 1982 and the Air Navigation Order 2009 (“ANO”). The ANO sets out a series of Articles that impose restrictions and obligations on operators of aircraft within the jurisdiction. Aviators, including drone operators, also need to comply with the Rules of the Air that are similar to a ‘Highway Code’ for the airspace over the UK. The CAA has stated that the UK drone regulations are intended to protect people and property whilst being as light touch and proportionate as possible - however, breach of UK aviation legislation is a criminal offence.

There are various restrictions and exemptions for drones that are based primarily on the weight of the platform. Article 138 of the ANO sets out an overriding principle that applies to all aviation activity (manned or unmanned) at all times: “A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.” Articles 166 and 167 specifically cover flight and operational restrictions for small drones, such as maintaining visual line of sight with the drone and safe distances from people and property.

One of the most recent prosecutions for illegal drone use under the ANO was in relation to a small drone with a camera that was flown over a number of Premier League football grounds, the Houses of Parliament, the Queen Victoria Memorial at Buckingham Palace and along the North Bank of the River Thames in London. The charges related to breaches of Articles 166 (3) and 167(1) & (2)(a) of the ANO. The drone pilot, Mr Wilson, pleaded guilty to four charges of flying small unmanned surveillance aircraft over a congested area and pleaded guilty to five charges of not maintaining direct visual contact with a small unmanned surveillance aircraft. Mr Wilson was fined £200 for each offence (£1,800) and ordered to pay £600 in costs and a £20 surcharge and was ordered to forfeit the drones and cameras.

This prosecution does relate to our previous article about the Queen banning Drones over the Sandringham Estate.

You can read the full blog post from Peter Lee here at:

http://dronelaw.blogspot.co.uk/2016/02/some-thoughts-on-drone-sector.html