Blog: Drones - Hindrance or help? Getting the legal balance right

James McMillan

Remotely Piloted Air Systems – also known as drones – have been the subject of much controversy lately, writes James McMillan.

Drones can be life threatening or lifesaving. The UK Airprox Board monitors the threat of mid-air collisions and reported in February this year that four category A (serious risk of collision) incidents occurred at UK airports last year involving drones.

In contrast ambulance drones are being developed at the Delft University of Technology in Holland with a focus on carrying automated external defibrillators, medication or CPR equipment.

Google and Amazon have intimated in the media this year that they are experimenting with drone technology. Amazon has wildly predicted that their octocopters can transport 2.3kg of goods to customers within 30 minutes of an order being placed. Before customers get too excited, it should be noted that this claim is sadly not consistent with UK law at present.

UK law on drones

Drones are regulated by the Civil Aviation Act 1982 and the Air Navigation Order 2009 (ANO). The ANO sets out a highway code for UK airspace. Drones weighing less than 1500 kg come under national aviation regulation –above that weight they are treated in the same manner as if they were manned aircraft by EU Regulations (EC 216/2008). Any breach of the UK Aviation legislation is a criminal offence.

A drone pilot was recently fined £1,800 at Westminster Magistrate Court for flying a drone over English Premier League football matches. The legislation states operators must not fly drones within 150 metres of a congested area, over or within 150 metres of an organised air assembly of 1,000 people or more or within 50metres of any vessel, vehicle or structure not under the user’s control unless they have specific permission from the Civil Aviation Authority (CAA). A prosecution is currently being considered against an Edinburgh man charged by police for breaches of the ANO after allegedly flying a drone over Edinburgh Castle and Princes Street Gardens.

A new flightpath?

The law on drones is quickly evolving. The European Commission has already set out a RPAS roadmap for drones to achieve integration into European airspace. The United States Federal Aviation Authority is currently being very inflexible towards the introduction of drones. As a result people are currently flying drones received often as birthday or Christmas presents with no training or certification.

Privacy concerns also remain in relation to drones being used for surveillance purposes. The Information Commissioner’s Office should be proactively working alongside the CAA to solve potential pitfalls however that remains to be seen.

The correct balance needs to be adopted between innovative technology and safety to allow the integration of drones into the UK.

Blog: Drones - Hindrance or help? Getting the legal balance right

  • James McMillan is an associate at MacRoberts.
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