From the 1st January 2021 the new rules and regulations surrounding the safe flying of drones will be the same in the UK and all European Union Member States, this is despite the United Kingdom leaving the EU.
The first and most common misconception is anybody will be able to use a drone commercially without any form of CAA permissions or licence. While the CAA do not stipulate that you need any qualification (such as the PfCO) to get paid for any work with your drone, they do stipulate that you must have EC 785/2004 compliant insurance, however all insurers insist that a drone operator must hold at least a PfCO, A2 CofC or GVC drone qualification before they will issue the correct insurance.
Many people also think that the rules do not apply to sub 250 gram dones, such as the DJI Mavic mini, which is incorrect. Any drone equipped with a camera regardless of weight will be subject to the new rules
The new rules are relevant to the risk of the flight – this is where you fly, proximity to other people and the size and weight of your drone.
If your drone flight conforms to the criteria above, you will be using the new ‘Open Category’ of rules, which are intended for low-risk drone flights (For example because you are flying a lightweight drone or in the countryside).
There is also a ‘Specific Category’ for higher risk flights, such as, flying a drone over an urban area.
To fly in the ‘Specific Category’ you will need approval from the Civil Aviation Authority (CAA). The same rules will also apply for night flying.
Open category
Open category explained –
Most drone enthusiasts or people flying for fun with a drone under 25kg will be in the Open category. You need to follow the drone and model aircraft code. Some of the key rules are:
- Never fly higher than 120m / 400ft
- Always keep the drone in sight and within 500m
- Keep clear of any airspace restrictions, including around airfields, unless you have permission to fly within them
These rules will also apply to night flying.
Also there are three ‘sub categories’ based on the weight of the drone:
A1 (C0 or C1 marked drones): You may fly over people with your drone
if it is less than 250g, as long as it is not a crowd (over 1,000 people). Some slightly heavier drones (up to 900g) can also be used, but only if they have been ‘classed’ as being suitable.
A2: You must keep some distance from people, normally 30m but less for sub 500 gram drones. But this depends, among other things, on the drone you are flying (weight or label). To fly in the A2 category as well as passing the normal flyer ID online test you must also pass the A2 CofC theory exam. You must also declare that you have gained some practical knowledge with your drone, but you do not have to take a practical test.
A3: You must stay at least 150 metres horizontally away from parks, industrial and built-up areas and 50 metres horizontally away from people.
Drone classification
From 1 January 2023 new drones will have to meet a set of product standards. These will be classed from C0 to C4, based on the weight and capability of the drone, and will determine how and where you can fly.
Drones classed C0 or C1 can be flown in the open A1 sub category. For C2 it’s open sub category A2 or A3 and for classes C3 and C4 you can only fly in the A3 sub category.
If your drone doesn’t have a class marking and is under 250g you can fly in the A1 sub category (there are also some exceptions for drones up to 500g too until January 2023). Drones less than 2kg can be flown in sub category A2, but you must keep at least 50 metres away from people and pass the A2 theory exam. Drones of 2kg or greater may only be flown in the A3 subcategory.
After 1 January 2023 for drones below 250g you can continue to use A1 sub category. All other current (un-classified) drones must only be used in the A3 sub category.
Home-built drones weighing less than 250g and with a maximum speed of less than 42mph (68Km/h, 19m/s) can be flown in the A1 sub category. All other drones fit in the A3 sub category.
First Person View (FPV)
If you are flying using FPV then you must have an observer next to you who can aid you with avoiding collisions, but you are still responsible for the safety of your flight.DRONE AND MODEL AIRCRAFT CODE
Flying as a hobby and at a club
Members of a recognised UK model flying Association (BMFA, SAA, LMA & FPVUK) will be operating under the terms of a specific authorisation and should confirm details with their Association.
Registration and flyer ID
If your drone has a camera, such as the DJI Mavic Mini (unless it is a toy) or weighs 250g or more, you will need to register it with the CAA. This is something you will need to renew every year.
Anyone registering a drone that has a camera or weighs 250g or more will need to pass a test and get a flyer ID from the CAA.
If you already have a flyer ID that is still valid, you don’t need to re-do the test until it expires, however, you are still required to keep up to date with the new regulations.
Minimum age to fly
In most cases you must be at least 12 years old to fly a drone on your own. You are still able to fly if you are under 12, but this requires the supervision of someone aged 16 or over and both of you must have passed the flyer ID test.
To ensure the safety when sharing airspace, the CAA have set out some simple laws that drone users need to follow.
Can I use my drone for work
With the new rules and regulations there will no longer be a distinction between flying commercially and flying for pleasure or recreation, although to operate commercially, the drone operator must hold EC 785/2004 compliant insurance. All insurance companies insist that the drone operator holds an A2 CofC, GVC or PfCO qualification before they will issue EC785/2004 insurance.
This means that an approval just to operate commercially currently still required. If you are flying as part of a business then you should carefully read www.caa.co.uk/CAP722.
Due to the rules on proximity to people and overflight of congested areas in most cases, if you have an existing operator authorisation from the CAA, you will still require one under the new regulations.
Hovershotz, hold EC 785/2004 drone insurance and the following Civil Aviation Authority (CAA) Permissions –
Permission for Commercial Operations PfCO – This allows Hovershotz to fly large and legacy drones.
General Visual Line of Site Certificate GVC – This is the new EU wide qualification that allows Hovershotz to operate commercially across Europe within any EU state. Also, this allows us to bolt on additional permissions such as BVLOS and EVLOS – Beyond Visual Line of Sight and Extended Visual Line of Sight.
A2 Certificate of Competency A2 CofC – this allows Hovershotz to operate a sub 500g drone with little or no separation from uninvolved people or structures, which is ideal for roof and property inspections.
