The New Drone Regulations

Introduction

On 31st December 2020 new regulations governing the use of drones came into force in the UK and across Europe. If you currently fly a drone, whether you fly just for fun or you fly for commercial gain, these new regulations will make a difference to you.

This article sets out to help you understand what your options are, where the opportunities may be and what you have to do to fly legally.

The Headlines

The regulations are substantially different from the previous regulations. The key changes are:

There is no longer any distinction whatsoever between commercial and recreational flying.
The training organisations previously known as National Qualified Entities or NQEs are now called Recognised Assessment Entities or RAEs. The UAV Academy is an RAE.
There are three categories of operation, Open, Specific and Certified. The two of interest to us are Open and Specific.
There are three standard levels of training and assessment – which one you need will be determined by the nature of your intended flying and the drone you will use. The levels are: –
1. The Basic Competency Test for drone Flyers which is part of the Drone and Model Aircraft Registration and Education System
2. The A2 Certificate of Competency (A2 CofC) is required to fly in the Open Category A2 (near people). This requires you to complete an online course and pass a 30 question exam. There is no practical flight assessment for the A2 CofC but you will need to self-declare that you have completed training flights. These courses are available from RAEs.
3. The General VLOS Certificate (GVC) is required for you to fly in the Specific Category. This requires for you to take a course which includes theory, the creation of an operations manual and for you to take a flight assessment
There are five classes (C0, C1, C2, C3 and C4) of ‘certified’ drones which meet defined product standards. The different classes are designed to support safe operation in different scenarios. Any commercially available drone sold after two years from the EU regulations coming into force will have to be certified in one of these classes. No certified drones are available at the time.
To allow existing ‘legacy’ drones to continue flying there are ‘transitional’ rules allowing flight in the Open Category
Instead of people being ‘under the control of the remote pilot’ as in the previous regulations they are now referred to as ‘uninvolved people‘ – it’s an almost identical concept though
The regulation only limit proximity to ‘uninvolved people’, not vehicles, vessels and structures as in the previous regulations

What do the new regulations mean to you?

The devil is, as ever, in the detail, and we have set all the information you need out on this page. However, I will try to summarise the impact of these new regulations will have for our current customers holding a PfCO and set out the options for anyone flying a drone.

1. Current PfCO Holders

If you hold a current CAA Permission for Commercial Operations (either Standard Permissions or OSC/Non-Standard Permissions) issued before 31st December 2020 your PfCO will remain valid until their expiry date, or 1 January 2022, whichever is earlier. When you renew after 31 December 2020 you should apply for renewal in the usual way. You will then receive an operational authorisation document which will contain very similar privileges and restrictions as your permission which it replaces. Should you let your PfCO lapse you will lose these privileges and will then need to fly within the new regulatory framework.

If you need to fly a drone with a Maximum Take-Off Mass over 2kg and to operate in or near congested areas or where there are likely to be any members of the public (uninvolved people) the only way you will be able to continue to operate will be by retaining your PfCO.

You may, however, choose to switch to the Open Sub-Category A2 and take the A2 Certificate of Competency course (A2 CofC). With this you can fly currently available drones with a flying weight up to 2kg. The privileges you will have will depend on the weight of your drone. With a ‘legacy’ drone under 500g your only proxiity limitation is that you cannot intntionally fly overhead uninvolved people. With a ‘legacy’ drone between 500g and 2kg you will not be able to fly closer than 50m laterally to uninvolved people.

When C2 drones (up to 4kg) become available you will be able to fly as close as 30m to uninvolved people in normal flight or 5m in a switchable ‘slow flight mode’.

The separation distances are lateral, i.e. a cylinder; the bubble rule will no longer apply. To fly in Open Category A2 you will need to take the A2 Certificate of Competence (A2 CofC) exam, but you do not need an Operations Manual or to apply to the CAA for an Operational Authorisation. As soon as you have been issued with your A2 CofC you are able to fly.

If you need to fly a drone over 2kg, fly within 30m of uninvolved people during take-off and landing, use the bubble rule to be able to transit over roads or property etc. etc. then you will no be able to fly in the A2 Sub-Category. You have the option either to renew your PfCO to retain those permissions or you will need to apply for an Operational Authorisation in the Specific Category which will require for you to complete the General VLOS Certificate (GVC) training, including the flight assessment, and have Operations Manual. This is very similar to the current PfCO course and application process.

RAEs are able to offer a ‘transition’ course specifically for PfCO remote pilots who want to gain their GVC qualification.

The Details

Recreational vs Commercial

As you are probably aware, from the very beginning of the drone era there has been a requirement for anyone wishing to fly a drone for commercial gain to obtain a ‘Permission’ from the UK Civil Aviation Authority. This Permission is know as the ‘Permission for Commercial Operations’ or PfCO. To be granted a PfCO you normally would have to complete a course, pass a theory exam, write an operations manual and finally pass a flight assessment.

Under the new regulations there is no longer be a distinction between commercial and recreational flying. You do not need permission from the CAA to fly a drone commercially. This is because the regulations for flying drones will be based solely on the level of risk. There is still a legal requirement to hold EC785/2004 public liability insurance if you are operating for commercial gain.

Existing and Certification – Building Blocks

There are three levels of remote pilot ‘proof of competence’. The level required will be determined by the type of operation being flown.

1. Basic Operator Registration and Competency Test

This is the CAA Drone and Model Aircraft Registration and Education System online registration and 40 question test. It is sometimes referred to as the ‘foundation’ qualification.

This is required by anyone flying a drone with a MTOM over 250g. The validity of the competency test is 3 years.

2. The A2 Certificate of Competence (A2 CofC)

Remote pilots wishing to operate in the A2 subcategory are required to undertake this additional theoretical knowledge examination. The examination is aimed at assessing knowledge of the technical and operational mitigations that address the added risks resulting from flying a slightly larger unmanned aircraft (class C2, below 4kg mass) close to people. Successful completion of this test results in the award of a ‘certificate of remote pilot competency’ for the A2 subcategory (‘A2 CofC’).

The Recognised Assessment Entities are responsible for delivering both the training and examination for the A2 CofC. The validity period is 5 years, after which the exam will have to be retaken.

3. The General VLOS Certificate of Competence (GVC)

Competency requirements for the Specific category vary, as set out in the operational authorisation (depending on the risk assessment associated with the particular operation) and could range from as little as the ‘foundation’ test of the Open category, all the way up to a manned aircraft pilot’s licence or a ‘Remote Pilot Licence’ (when the RPL requirements are finalised). For most operational scenarios falliing into the Specific Category the requirement will be for the remote pilot to hold a GVC.

The GVC qualification requires theory training and examination, an operations manual and a flight assessment. GVC courses are only available from CAA approved RAEs. A GVC qualiication will: –

Satisfy 99% of VLOS requirements for Operational Authorisations involving VLOS flight
Be augmented by additional GVC modules as required with a theory and flight test required for each module. The first such module will allow Extended Visual Line of Sight operations up to 2km from the remote pilot. More modules are planned

Operating Categories

To give structure to this, the new regulations have been structured to set out the requirements and limitations for flying in three different operational categories. Open, Specific and Certified. Your flying will fall into one of the categories set out below.

Open Category

Operations that present a low (or no) risk to third parties. Operations are conducted in accordance with basic and pre-defined characteristics and are not subject to any further authorisation requirements. To be in the Open Category flights must be:

Visual Line of Sight
Not above 400 feet
Max 25kg Maximum take-off Mass (MTOM)

Specific Category

Operations that present a greater risk than that of the Open category, or where one or more elements of the operation fall outside the boundaries of the Open category. Operations will require an Operational Authorisation from the CAA, based on a safety risk assessment.

This is effectively the equivalent of the current PfCO/OSC setup.

Certified Category

Operations that present an equivalent risk to that of manned aviation and so will be subjected to the same regulatory regime (i.e. certification of the aircraft, certification of the operator, licensing of the pilot).

The certified category is outside the scope of this article and is not relevant to most of our customers.

The Open Category

The criteria for flights to be in the Open Category are broad. To provide a more useful structure the regulations sub-divide the Open Category into three sub categories’ A1, A2 and A3.

Sub-Category A1

fly overhead people

A1 flights can only be conducted with drones with a MTOM of less than 250g. Flight overhead people (but not open-air assemblies) is allowed.

Drones with a MTOM of 500g or less may be flown in A1 under ‘Transitional’ rules, but may not be deliberately flown overhead people and the pilot must hold an A2 CofC.

Sub-Category A2

fly close to people

Operations in subcategory A2 can only be conducted with C2 Class drone or a ‘legacy’ drone with a MTOM under 2kg. Remote Pilots must hold an A2 Certificate of Competency.

With a C2 drone flight may be within 30m of uninvolved people and 5m in slow flight mode. Legacy drones may fly within 50m of uninvolved people.

Sub-Category A3

fly far away from people

This category covers the more general types of unmanned aircraft operations, including model aircraft with a MTOM up to 25kg.

The intent is that the unmanned aircraft will only be flown in areas that are clear of uninvolved persons and will not be flown in areas that are used for residential, commercial, industrial or recreational purposes.

Legacy Aircraft

There are provisions in the regulations which allow the operation of ‘legacy’ drones which have not been certified in any of the classes. These are referred to as ‘Transitional’ and the transition period will finish two years after the EU regulations come into force, after which time legacy drones may only be operated in the A3 sub-category, so where where there are no uninvolved people at all in the in area.

Sub-Category A1

MTOM of less than 250g are allowed to fly in the A1 sub-category as if they were C0 certified, including overflight of people (not open-air assemblies). The Remote Pilot must have passed the foundation test (basic CAA Drone Registration).
MTOM of less than 500g (e.g. Mavic Mini, Spark) will be able to fly in A1 but will not be allowed to deliberately overfly people. The Remote Pilot must hold an A2 CofC.

Sub-Category A2

MTOM of less than 2kg are allow to fly in the A2 sub-category within 50m of uninvolved people. The Remote Pilot must hold an A2 CofC.

Sub-Category A3

Any legacy drone up to 25kg will be able to fly in sub-category A3. The Remote Pilot must have passed the foundation test (basic CAA Drone Registration).

Drone Certification – Product Standards

A key element of the Open category is that any drone sold for use within this category will have to comply with a set of product standards, similar to the ‘CE’ marking scheme. In order to achieve this standardisation, unmanned aircraft that are intended to be sold within the ‘EU market’ have been further subdivided into 5 ‘classes’.

Whilst it is essential to your understanding of the new regulation to be aware of the Classes, it is unlikely that any certified drones will be available when the new regulations come into force. For this reason there are ‘Transitional’ arrangements which allow for non-certified ‘legacy’ drones to be flown in the Open sub-categories A1 and A2 for two years after the EU regulations come into force, After which time they will only be allowed to fly in A3 (far from people) sub-category.

Class 0 – can be flown in all subcategories

Very small unmanned aircraft, including toys, that:

are less than 250g maximum take-off mass
have a maximum speed of 19m/s (approx. 42.5 mph)
are unable to be flown more than 120m (400ft) from the controlling device

Class 1 – can be flown in all subcategories

Are either less than 900g maximum take-off mass, or are made and perform in a way that if they collide with a human head, the energy transmitted will be less than 80 Joules
have a maximum speed of 19m/s (approx. 42.5 mph)
designed and constructed so as to minimise injury to people

The standards also cover other aspects such as noise limits, height limits and requirements for remote identification and geoawareness systems.

Class 2 – can be flown in subcategory A2 and A3

Less than 4kg maximum take-off mass
Designed and constructed so as to minimise injury to people
Equipped with a low-speed mode’ which limits the maximum speed to 3m/s (approx. 6.7 mph) when selected by the remote pilot

The standards also cover other aspects such as noise limits (but different from C1), height limits and requirements for remote identification and geoawareness systems, plus additional requirements if it is to be used during tethered flight.

Class 3 – can be flown in subcategory A3

Drones that possess automatic control modes (such as found in typical multicopter ‘drones’) which are less than 25kg maximum take-off mass

The standards also cover other aspects covering height limits and requirements for remote identification and geoawareness systems. There are also additional requirements if it is to be used during tethered flight, but there is no specified noise limit (because the aircraft is intended to be flown ‘far from people’).

Class 4 – can be flown in subcategory A3

Drones that Unmanned aircraft that do not possess any automation, other than for basic flight stabilisation (and so are more representative of a ‘traditional’ model aircraft) which are less than 25kg maximum take-off mass

The Specific Category

The simplest description of a Specific Category operation is that it is one which cannot be done within the Open category, but is not complicated enough for the certified category.

Examples of this would be:

Operating a drone with a MTOM of 4kg up to 25kg in a residential, commercial, industrial or recreational area or where it is likely that uninvolved people will be in the operating area
Operating EVLOS or BVLOS flights
Operating in a congested area with reduced separation distances

The key point to note is that the category hinges on an operational authorisation being held by the Operator, which has been issued by the CAA, before the operation can be commenced.

There are ‘Pre-Define Risk Assessments’ (PDRA) which will enable Operators to apply for an Operational Authorisation without having to create ther own risk assessment. One of these PDRAs (UKPDRA-01) is the mechanism for granting a standard Operational Authorisation.

The Remote Pilot will have to complete the GVC course, including a flight operations assessment, and create an operations manual. The process and syllabus will be very similar to the current PfCO course. The GVC will have a validity of 5 years, after which the Remote Pilot will need to retake the course.