We are the designated Market Surveillance Authority (MSA) for drones intended to be used in the Open category under the regulatory frameworks set out in UK Regulation (EU) 2019/945 and Regulation (EC) No 765/2008.
These products must meet new product standards under the class marking framework to enhance safety and security. The MSA will be responsible for ensuring required standards for drones are met by manufacturers, as well as importers and distributors, and intervening when there is non-compliance.
To enable us to carry out these new obligations as the MSA, we need to collect reports from manufacturers, importers, distributors and the public related to product safety concerns with class marked drones.
This does not replace the occurrence reporting scheme and an MOR report may also need to be filed here. More information on reporting can be found here
What to report to the MSA
You should report product safety issues with class marked drones. This could be any issue related to technical malfunction, structural integrity or control failures that could pose a risk to people or property.
Some examples of what to report are listed below:
- Technical and mechanical failures
- Battery failure/malfunction: Issues such as overheating, rapid power loss, or fire during operation or charging.
- Power failure: Problems with motors or propellers that lead to a loss of propulsion or control.
- Aircraft structural failure: Any instance where a part of the aircraft detaches or breaks during flight.
- Loss of command-and-control link (C2 link): Situations where the remote pilot loses the ability to control the drone.
- Technical malfunction/failure of the aircraft or command unit: General hardware or software glitches affecting safe operation.
- Navigation failures: Errors in GPS or other navigation systems that cause the drone to fly off course or outside designated areas.
- Display failures: Malfunctioning of screens or indicators on the remote control unit that provide critical flight information.
- Operational and design concerns
- Unintentional loss of control: Incidents where the drone becomes uncontrollable, even without a clear technical malfunction.
- Flight programming errors: Issues arising from software or firmware that lead to unsafe flight behaviour.
- Inability to safely control the drone following manufacturer's instructions: When the manufacturer’s instructions are either missing or inadequate leading to an inability to safely operate the drone.
- Issues with "follow-me" mode: Malfunctions where the drone doesn't maintain the prescribed safe distance.
- Failure of reliable and predictable termination: If the drone loses data link and does not have a safe, predictable method to land or recover the link, potentially causing an uncontrolled fall.
- Lack of warning for low battery: Failure of the system to provide clear warning when the battery is low, leading to unexpected power loss.
- Excessive noise levels: If the drone exceeds the guaranteed maximum sound level indicated by the manufacturer.
- A missing or incorrect label displaying the class mark: When the drone doesn’t have a conformity label attached, or if the label is inaccurate.
- Remote-ID: lack of Remote ID capability or issues with utilising the Remote ID functionality.
What not to report to the MSA:
Incidents that generally fall outside the scope of market surveillance reporting include:
- Pilot error/operational infringements: Incidents resulting from the remote pilot breaking operating rules, such as flying above the 120m (400ft) height limit in the Open category, too close to people or property not under their control, or in restricted airspace (e.g., near airports or prisons). These should be reported as Mandatory Occurrence Report (MORs)
- Privacy or nuisance issues: Concerns about a drone infringing on an individual's privacy, causing annoyance, or social disturbance are matters for local law enforcement or civil action under data protection or nuisance laws. You can find more information about this here: Concerns about privacy and illegal use of drones | UK Civil Aviation Authority
- Malicious use: Incidents where a drone is suspected as being used for deliberate criminal activity, such as smuggling or illegal surveillance, should be reported to the police.
- Cosmetic damage not affecting safety: Minor, non-safety-related damage that does not compromise the product's compliance with technical requirements.
- Incidents with non-aircraft: Events involving flying "objects" that are not considered unmanned aircraft under the regulations (e.g., paper aeroplanes, frisbees).
- Normal wear and tear: Issues arising from expected degradation through normal use that do not indicate a safety defect in the product's design or manufacture.
The MSA is primarily concerned with systemic safety issues or non-conformities that indicate a risk inherent to a batch or model of a drone placed on the market.
How to report
Our reporting system is part of the organisation's customer portal. The first time you use the portal you will need to set up a user account. Full details on how to do this are available in the portal.
What happens next?
When a report is submitted there will be an evaluation of the report by the market surveillance team including a risk assessment and further actions will be taken where required. In most cases we will not need to respond to you, but we may get back in contact if we need further information.
Where a breach of the regulations is found, the MSA has the powers to take regulatory action.
This can include but is not limited to:
- Evaluating products: The MSA can evaluate class marked drone products to identify potential risks to public health or safety.
- Requiring corrective actions: Manufacturers, importers, and distributors must take appropriate measures to bring a non-compliant product into conformity with the regulatory requirements. The MSA will approve and oversee the implementation of these appropriate measures.
- Requiring market withdrawal: If a product presents a serious risk, the MSA can require the relevant manufacturers, importers or distributors to withdraw that product from the market within a reasonable period.
- Mandating a product recall: In cases of serious risk, the MSA can recall a product from users.
- Alerting users: The MSA is responsible for taking appropriate measures to alert users about the hazards and serious risks posed by certain products.
- Informing other authorities: The MSA must inform the relevant national authorities (e.g. the Secretary of State for Transport in the UK) about products that present a serious risk at the national level. Other authorities may take enforcement action through their own processes.
Contact us
Reports to the CAA should be submitted through the reporting form in our portal
For any further enquiries related to market surveillance for open category drones you can contact us by email: MSAenquires@caa.co.uk