Commercial Drone Flights - UK Law

[ataraxia]

Hi all,

I have just bought a Mavic Pro and am looking into the definition of a 'commercial operation', according to Air Navigation Order (2016) Article 7 (available here)

This is defined as:

any operation of an aircraft other than for public transport

(a) which is available to the public; or
(b) which, when not made available to the public, is performed under a contract between an operator and a customer, where the latter has no control over the operator,

in return for remuneration or other valuable consideration.

Advisory: new revisions to the ANO law above to account for all types of drone use came into effect on 30/07/2018 and the above is correct at the time of posting. Proposed changes regarding drone registration and recreational pilot tests (the 'Drone Bill') are due to come into force 30/11/2019.

I initially intend to use my drone to produce a promotional video for my local martial arts club. As I am part of this club, it's in my own interests to promote it and therefore I am not being paid for it nor am I subject to a contract with a customer (who is, essentially, my instructor). The way I read the above, if he so much as buys me a cup of coffee in exchange for this video, I then need to spend ~£1,200 on getting a commercial licence as I would have received 'remuneration or other valuable consideration' for my work. I'm also confused as to what the Government means by 'available to the public'? As in, people can see the videos I produce?? If that's the case, there are thousands of YouTube videos that potentially need to be taken down if they don't have a licence.

I don't see the logic in this. I will be filming exactly the same footage, at exactly the same height restrictions (below 400ft), to the same regulations (not within 50m of the public, 150m of buildings, away from restricted airspace, with permission from the subjects of the video, etc), yet I need to take a three day course at a massive expense (which I don't have any chance of recovering from the work itself)???

Any thoughts on this? I'm happy to comply with the law and the Drone Code but this seems a little ridiculous for drone owners such as myself who potentially film for the benefit of others but don't do it for a living nor any significant monetary gain (and by significant, I mean anything over a couple of quid or a burger from McDonald's).

Edit: Disclaimer regarding the above law, as there are likely to be several changes in the near future!

 

[waylander]

Hi ataraxia

I once made an application to the CAA inquiring about the requirements to make a promotional video. Sorry I cant find their response, so cant point you to it.
But basically I was asked by a friend if I could take Ariel photography/video at a charitable event for the purposes of self ( the Charity ) promotion.

The event would have taken place in a public park in an area occupied by more than 150 people.

The CAA response was as follows:-

1). Because the video would have been used by the charity organisers for the purposes of "Self Promotion" it was not necessary for me to hold a commercial pilots licence.

2). I would have to adhere to UK drone flight safety considerations.
3). The organisers ( the charity) would have to have the necessary public liability insurance in place for commercial overflights, because the event was open to the public.

However if you carry out the operation on private property, deemed to be under control of the pilot, with the agreement of the participants, then I doubt public liability insurance would be a requirement, I might be mistaken, anyone like to comment...?

But there is a contact in the CAA that will advise you of this and any other requirement that you might need, I'm sorry that I do not have the contact details, but it was fairly easy for me to find the required department and ask the questions.

The above is a brief synopsis of what I was told, this was back in 2016.

In the end I did not go ahead with the video shoot, as the charity deemed the required Public Liability insurance for such an overflight was disproportional to the perceived benefit of such a self promotional video.

Contact the CAA, I think you would get an OK in the circumstances.

A cup of coffee or a sandwich that might be provided by your Martial Arts academy, that was also available to the other participants, including your self as a member of that academy, would not in my opinion, be consider as remuneration .

Waylander

 

[ataraxia]

Thanks Waylander, that's good to know with the response to your event request. In my case, it would be a non-public event in a public place. Of course, a member of the public could wander into the vicinity in which case I'd bring the drone down the moment I see them approaching (I don't want them in my shot for one thing!).

I've looked at drone insurance including public liability for non-commercial use and it came out as double the cost of my yearly car insurance. My car, the two-tonne potential killer that I drive up and down the motorways for tens of thousands of miles per year vs the 750g drone that I fly away from the public in controlled areas for an hour or so at the weekend, go figure.

I intend to be a pain in the neck for the CAA with requests for each shoot for my current project, in my opinion the current legislation and proposals are ill-planned and unrealistic in their intentions. I've seen a few commercial pilots complaining about the sharp rise in costs for licences, insurance and courses to the point where they're not bothering to renew and fly anyway because it's not worth the money or the effort for their projects, along with the lack of enforcement and knowledge by local authorities. The fact that this is happening is scary when you consider lesser-experienced recreational pilots are even less likely to adhere to sketchily-defined commercial laws yet may pose more of a potential danger...

Edit: better use of language

 

[waylander]

Hi ataraxia

I wholeheartedly agree with the comments outlined in your second paragraph.

" Rip Off Britain " is a term that absolutely applies to insurance companies, I think that all of their agents and vendors should wear stripey Tee Shirts and a masks..!, their catch phrase being " Stand and Deliver ".

I do sympathise with the sentiments in the latter part of your last paragraph, in my opinion it is all part of the "Ambulance Chasing" mentality propagated by the " No Win No Fee " element of compensation organisations, who are directly responsible for the rise in insurance costs. Deregulation of the "Law Society" oh boy what a sad sad day.

Rather than investigating the true potential and incidence of accidents caused by legal Drone flights, commercial or recreational, insurers always err on the ridiculously high side when it comes to insurance quotes.

I do think that there needs to be laws, Controls and Regulations for the use of Drones, but equally there are laws in place for speeding and reckless driving, have those laws/ codes, prevented death on the Roads.. NO, end of................

Waylander

 

[Ping^Spike]

Where do you train MMA mate?

Just wondering if this truly is a small world.... you're not in Liverpool by any chance?

 

[ataraxia]

Where do you train MMA mate?

Just wondering if this truly is a small world.... you're not in Liverpool by any chance?

In the Midlands I'm afraid!