The term Commercial Operations allows a broad variety of flight applications, which are mostly based around aerial photography or the operation of sensors and other data-gathering devices.
Commercial operation is given the following meaning within article the Air Navigation Order:
“…any flight by a small unmanned aircraft except a flight for public transport, or any operation of any other aircraft except an operation for public transport-
(a) which is available to the public;
or
(b) which, when not made available to the public,
i. in the case of a flight by a small unmanned aircraft, is performed under a contract between the SUA operator and a customer, where the latter has no control over the remote pilot;
or
ii. in any other case, 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 flight by a small unmanned 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).
The essential question that needs to be asked is “what is the purpose of the (specific) flight?” i.e."If I were not receiving payment/valuable consideration, would I still be looking to fly?"
Example 1: A UAS operator holding a CAA permission for Commercial Operations is contracted by a site owner to film or survey a building development site or infrastructure facility
This is clearly within the remit of the permission and the operation can proceed within the limitations and conditions stated on the operator's permission.
Example 2: An estate agent or builder's firm wants to use a UAS for aerial imagery/survey as part of their service
This also would be considered a commercial operation even if it only comprised a small part of the service to the customer, e.g. advertising a customer's house or checking the property for the extent of works required. The operator of the drone would need to have a CAA permission for Commercial Operations. The estate agent or builder's firm should gain a permission or use the services of an existing permission holder.
While every case should be judged on its own merits, some types of arrangements are not generally considered by the CAA to be commercial operations such as:
- Advertising revenue received as a result of persons visiting a website or social media page where video or photographic stills shot from a UAS are displayed/posted. This is because these types of web-pages may be legitimately used to post recreational video material that was not commissioned by another party but was conceived and wholly funded by the poster.
Note: This would not apply if the photographic material had been directly commissioned by another party for the purposes of display or marketing on their website.
-
Any other imagery or data collection task where the video, photographic stills or other data collected, are used exclusively for the UAS operator's own use.
Example: A university research team wants to use a UAS to gather survey data or imagery to help with their research project.
Generation of self-marketing material to display an object, event or other activity. An individual or business would not usually be considered to be conducting commercial operations if the flight is provided only for their own use.
Example: A charity, educational establishment, local authority or business acquires a UAS which is used (and flown by its own staff) to provide aerial imagery for incorporation into its own promotional material.
This is legitimate as long as the research project was not directly funded by a business that intends to use the results of the data for its own business purposes (including any material or research into its products or services). Clearly university research is funded through a variety of means (grants, charitable and alumni donations, etc) and for varying purposes. The exact arrangements would need to be considered in each case.
Where an academic organisation is openly advertising their capabilities to external organisations and a business relationship is entered into with an external organisation, the use of a UAS for that purpose is likely to be construed as commercial operations. In order to alleviate difficulties with varied funding models, universities and other similar organisations should consider applying for permission from the CAA so that their services can be offered without constraint.