Flying below the radar: the legal implications of the use of drones in the UK

The growing popularity of drones has created new challenges for lawmakers and law enforcement agencies in the UK and around the world. While drones have numerous beneficial applications, they also have the potential to cause significant harm when misused. 

As such, there are legal implications associated with drone misuse that individuals need to be aware of.

What are Drones?
Drones, or unmanned aerial vehicles (UAVs), are aircraft that are piloted remotely, either by a human operator or by an onboard computer system. They are used in a wide range of industries, including photography, agriculture, and search and rescue operations. However, as drones have become more affordable and accessible, they have also become more prevalent in everyday life, leading to incidents of drone misuse.

Legal concerns
One of the legal concerns associated with drone misuse is privacy. Drones equipped with cameras can be used to capture images and videos of people without their consent, violating their privacy rights. In many countries, the use of drones for surveillance purposes is highly regulated, and individuals who use drones to capture images or videos of others without their consent may face legal consequences.

Another legal concern associated with drone misuse is safety. Drones that are flown recklessly, or without proper training, can pose a danger to people, property, wildlife and other aircraft. Violating strict regulations on where drones can be flown can result in fines or other legal penalties.

Registering your drone

If you are planning to fly a drone for commercial purposes, or if your drone weighs over 250g, or includes a ‘sensor capable of capturing personal data’ (such as a recording camera), you must register with the Civil Aviation Authority (CAA) and display your Operator ID on your drone. Registration costs are currently £10pa, rising to £10.33 in April 2023.  

In order to obtain an Operator ID, drone fliers must also undertake a competency test, consisting of 40 multiple choice questions. The accepted competency tests are the CAA’s DMARES Test (Register and take the test to fly | UK Civil Aviation Authority (caa.co.uk)) and the FPV UK’s Drone Law Test.

If your drone weighs less than 250g and does not have a recording camera, or is it classed as a ‘toy’, then registration and the competency test are not required.

Meet your Regulator
The Civil Aviation Authority (CAA) in the UK has specific regulations for the operation of drones. These regulations are in place to ensure that drones are flown safely and do not pose a risk to people, other aircraft, wildlife or property. Here are some of the key regulations:

• Drones weighing over 250 grams must be registered with the CAA and the operator must pass an online test.
• Drones must not be flown higher than 400 feet above the ground.
• Drones must not be flown within 50 metres of people, vehicles, buildings, or structures that are not under the control of the person flying the drone.
• Drones must be flown within the visual line of sight of the operator.
• Drones must not be flown within a Flight Restriction Zone (FRZ) without permission.
• Drones must not be flown near or over areas where emergency services are operating.
• Drones must not be flown over or near prisons, government buildings, or other sensitive areas.

These regulations apply to both recreational and commercial drone use. Failure to comply with these regulations could result in the imposition of a fine, or even imprisonment. It is important for drone operators to familiarize themselves with the regulations and fly their drones safely and responsibly.

In addition to privacy and safety concerns, drones can also be used to commit crimes. For example, drones have been used to smuggle drugs and contraband into prisons, and to conduct surveillance on private property. The use of drones for criminal purposes is subject to severe legal penalties, including imprisonment.

Drones are governed by The Air Navigation Order 2016 (ANO). Flying a drone in breach of the ANO or the Retained Implementing Regulation is a criminal offence in the UK, mostly carrying a penalty of up to 5 years’ imprisonment if contravened. Details of the offences and penalties are set out in ANO, Articles 265 and Schedule 13

Commercial Drone operation

To operate drones commercially in the UK, you need to follow the regulations and guidelines set by the Civil Aviation Authority (CAA). Here are the steps you need to take:

• Get a Drone Pilot Certificate - You need to pass a test to obtain a drone pilot certificate from an approved training provider.
• Register your drone - All drones over 250g need to be registered with the CAA. You can register online on the CAA website.
• Obtain Permission for Commercial Operations (PfCO) - If you are planning to use a drone for commercial purposes, you need to apply for a PfCO from the CAA. You need to have a drone pilot certificate before applying for PfCO.
• Get insurance - You must have insurance that covers your commercial drone operations.
• Follow the CAA regulations - You need to follow the CAA regulations when flying your drone commercially. You can find these regulations on the CAA website.
• Keep your drone in good condition - You need to ensure that your drone is in good condition before every flight.
• Maintain flight logs - You should maintain flight logs that include flight details such as date, time, location, flight time, etc.
• Respect privacy and data protection laws - You should respect privacy and data protection laws when flying your drone commercially.

It is important to note that the rules and regulations for operating drones commercially in the UK are subject to change, so it is important to stay updated with the latest information on the CAA website.

Drones in the UK Justice System

There have been several criminal cases in the UK involving the misuse of drones, including:

There have been several criminal cases in the UK involving the misuse of drones, including:

• The first successful prosecution for flying a drone in breach of the ANO was against Robert Knowles in 2014. He was prosecuted by the CAA for flying his drone in restricted airspace over a nuclear facility and too close to a vehicle bridge. Following his conviction, Knowles was fined £800 and the CAA was awarded costs of £3,500.
• The first Crown Prosecution Service case was brought in 2015 against Nigel Wilson. He was guilty of 9 offences which included flying a drone over the Houses of Parliament, Buckingham Palace and a number of football stadiums. Mr Wilson was fined £1,800 by Westminster magistrates’ court and ordered to pay £600 in costs. In addition, he was also the subject of a Criminal Behaviour Order which prevents him from purchasing, owning or flying any drones, or assisting any other person in using drones for two years.
• Gatwick Airport incident: This was one of the most high-profile cases involving drones in the UK. In December 2018, several flights at Gatwick Airport were disrupted for over 36 hours due to drone sightings near the airport. The incident led to the arrest of two suspects, but they were later released without charge.
• A gang in 2016 and 2017 flew an estimated £550,000 worth of drugs to inmates' windows at various prisons around the UK. This was considered to be the biggest drug smuggling into prisons ever seen in the UK. Sentencing for the individuals involved ranged up to 10 years’ imprisonment.
• Near-miss with police helicopter: In 2015, a man was jailed for flying a drone near a police helicopter in Manchester. The incident caused the helicopter to take evasive action, and the man was sentenced to 5 months in prison.
• Invasion of privacy: In 2018, a man was fined for using a drone to invade the privacy of his neighbours in West Yorkshire. He had flown the drone over their property and filmed them without their consent.

These are just a few examples of criminal cases involving drones in the UK. As the use of drones becomes more widespread, it is likely that there will be more cases involving their misuse in the future.

Individuals who are considering using a drone should be aware of all regulations and ensure that they operate their drone in a safe and responsible manner. This includes obtaining any required permits or licenses, following all flight restrictions, and respecting the privacy rights of others.

Should I be insured?
If you plan to fly a drone in the UK, you should consider getting insurance to protect yourself and others from any potential accidents or damages that may occur. If your drone weighs over 20g, it is a legal requirement to have liability insurance under the UK's drone regulations.(Making every drone flight safe | UK Civil Aviation Authority (caa.co.uk).

Liability insurance can help cover any damages or injuries that may occur if your drone were to crash into third-party property or injure someone.

There are a variety of insurance options available for drone users in the UK, including membership associations, drone insurance policies, as well as add-ons to existing homeowners or renters’ insurance policies. Be sure to research your options and choose a policy that provides adequate coverage for your specific needs.

Closing thoughts
In conclusion, the legal implications of drone misuse are significant and should not be taken lightly. Individuals who use drones irresponsibly or for criminal purposes may face severe legal consequences. As such, it is important for individuals to educate themselves about the regulations governing the use of drones, and to use their drone in a safe and responsible manner.

If you need further advice as an individual operator or a commercial operator of drones, then please do not hesitate to contact our team.