• Small unmanned aircraft are now widely available for commercial use. More popularly known as drones, just like many other devices, they can cause injury or damage if they are not used responsibly and so are subject to specific safety rules relating to the way they are operated, which are underpinned by UK law.  

    The regulations are contained within the Air Navigation Order 2016 (ANO 2016) and there are some specific additional steps that must be taken if a drone is being flown for commercial operations.  

    Anyone using a small drone needs to be aware of the regulations shown below.  

  • A person must not recklessly or negligently cause or permit an aircraft to endanger
    any person or property

    (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 person in charge of a small unmanned aircraft may only fly the aircraft if
    reasonably satisfied that the flight can safely be made.

    (3) The person in charge 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.

    (4) The person in charge of a small unmanned aircraft which 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, must not fly the
    aircraft:

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

    (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;
    or
    (c) at a height of more than 400 feet above the surface unless it is flying in
    airspace described in sub-paragraph (a) or (b) and in accordance with the
    requirements for that airspace.

    (5) The person in charge of a small unmanned aircraft must not fly the aircraft for
    the purposes of commercial operations except in accordance with a permission granted by
    the CAA.

    (1) The person in charge of a small unmanned surveillance aircraft must not fly the
    aircraft in any of the circumstances described in paragraph (2) 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 the person in charge 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 person in charge of the small
    unmanned surveillance aircraft or a person under the control of the person in
    charge 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.

  • A small unmanned aircraft is defined as ‘any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20 kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight’.

    A commercial operation is defined as:
     ‘any operation of an aircraft other than for public transport;

    • which is available to the public 
      or
    • which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator, 

    in return for remuneration or other valuable consideration.’

    The key elements in understanding this term are ‘…any operation of an aircraft…in return for remuneration or other valuable consideration’.

    The term ‘available to the public’ should be interpreted as being a service or commodity that any member of the public can make use of, or actively choose to use, (e.g. because it has been advertised or offered to someone).

    Examples showing how commercial operations are defined are available in our guidance for small drone operators

    A congested area means, ‘in relation to a city, town or settlement, any area which is substantially used for residential, commercial, industrial or recreational purposes’.

    These rules have been established to provide a safe environment in which small drones can be flown without coming into conflict with manned aircraft and without risk to other people or properties. 

    You must have a Permission issued by the CAA before you conduct any commercial operations with your drone.

    Indoor use - The regulations make no distinction between flights made indoors or in the open; the whole safety criteria continue to apply.  Certain hazard factors are heavily mitigated by the fact that the aircraft is flying in an enclosed environment and access to the venue can be controlled.  Persons within the building, and who may be exposed to a hazard by the flight, should meet the criteria for ‘persons under the control of the person in charge of the aircraft’ or else have safety precautions taken on their account (e.g. safety netting, tethered drone, etc).  Minor indoor recreational use of a very small and light ‘toy’ drones is not generally regarded as having the same safety implications as for larger drones used outdoors or in commercial service. 

    If you are a drone operator from overseas and want to carry out work in the UK, the CAA will normally be able to grant permissions to foreign operators, on the basis that you are able to satisfy the same basic safety requirements that are required for UK based operators. 

    This will depend on the evidence of ‘pilot competency’ that the applicant is able to provide and the location(s) where the flying is to take place. Please note that the approvals/qualifications from other nations are not ‘automatically’ accepted as being valid.  In order to fly in the UK, you must be in possession of a valid UK permission if the type of flight that you are conducting requires one.  Each application is considered on its own merits, but we will take the details of your own national approval/qualification into account when determining your application and the conditions that are set within the permission. 

    Applications should be made on the standard form SRG 1320 and information should also be supplied about the scope of the operation and where and when it will take place. In the majority of cases, only the ‘standard’ CAA permission is granted and this favours aircraft weighing no more than 7kg (15 lbs). Any aircraft weighing more than 20kg (44 lbs) are subject to a more involved process and are more difficult to approve.

    All applications should be made as far in advance as possible.