I've lifted this from the Drone Pilots of Scotland Facebook group. They are not my words but those of a company that have just been granted NQE status for teaching and assessing PfCOs:
This is a long post but trust me it needs to be to try and clarify the complicated rules that will apply with the introduction of CAP1789
I’d just like to try and clarify what the effects of the new regs. published in CAP 1789 are likely to be. With particular attention to commercial operations and the current PfCO.
Firstly, it’s a long and complicated document and some of the detail has still to be agreed with the CAA so there are still some unanswered questions. We are due another update in November this year but for now this is what we know -
If you wish to operate a drone commercially between now and the 1st of July 2020 you will need a PfCO, no other options are available, if you don’t have one you will be acting illegally and subject to prosecution.
Your PfCO will still be valid for 1 year from the date of issue and the CAA have stated that you will be “Grandfathered In”. This means you will be granted a new “Operational Authorisation” within the new Specific category which will be identical to the current permission, (PfCO) but with the commercial aspect removed as it’s no longer necessary. In simple terms, you carry on as you would now with a PfCO.
OK, but if I don’t do my PfCO now, can I operate commercially from the 1st of July next year?
Yes you can, but in reality you’re going to struggle.
At some time in the future the drone manufacturers will start making drones that comply with the requirements needed to fly in the Open Category, broken down into five classes. This is detailed in CAP 1789. They will need “CE” approval and markings relevant to their class. For example, in order to achieve approval to operate in Class C1 the manufacturers have to ensure they are made and perform in a way that if they collide with a human head, the energy transmitted will be less than 80 joules, they have a maximum speed of 19m/s (42.5mph) and are 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 geo awareness systems.
That’s for some time in the future as these drones don’t exist yet, but what about the drone I own now?
You will only be able to use an existing, (“legacy”), drone with a maximum take off weight of less than 500g, (e.g. a DJI Spark), and the pilot will need to be tested for competency. The level of competency hasn’t yet been decided by the CAA so we can’t say what kind of training or assessment you’ll need.
You will be able to fly commercially an existing, (“legacy”), drone with a maximum take off weight of less than 2Kg, (e.g. a DJI Mavic or Phantom) but only down to a minimum horizontal distance of 50m from people. The new rules for flying “close to people” (30m, or 5m in “low speed mode”), will apply to future drones that are compliant with the specific product standard only. Before you fly you’ll need to complete your Certificate of Competency with an NQE. The exact nature of this training is still to be decided. Even if you want to fly a drone of this weight and not use it commercially you’ll still need to the Certificate of Competency unless you only fly it “far from people”.
The new regulations class “far from people” as “areas that are clear of uninvolved persons and not in areas that are used for residential, commercial, industrial or recreational purposes”. So this includes recreational parks, golf courses, towns, cities, villages etc., etc.
For something like a current DJI Inspire 1 or 2 or similar, (mass of more than 2kg and less than 25kg), you will be restricted to flying only far from people unless you’ve completed your new equivalent to a PfCO which allows you to fly in the Specific Category.
That’s sounds very complicated !! Yes it is, and that’s the very simplified version !!
Let’s try and break that down by type of drone into some easy to understand guidance.
If I have a current Mavic or Phantom and want to fly at all, that’s commercially or not, somewhere there’s likely to be people or closer than 150 metres to buildings etc., can I?
Yes, but you’ll need to do your Certificate of Competency first with an NQE or you could do your PfCO now which will be converted to an Operational Authorisation next year when you apply to renew.
If I have a current Inspire and want to fly as above, then what are my options? The current Inspire cannot be flown at all in a congested area from the 1st of July 2020 without an Operational Authorisation. If you do your PfCO now it will be converted into an Operational Authorisation when the time comes. If you do nothing you can’t fly this drone in a congested area full stop.
Don’t forget that regardless of the requirement for a PfCO or new Operational Authorisation you will still be required by law to have insurance for any commercial flight, (EC785/2004). The big insurers will demand that you prove your level of competency, a PfCO currently does this. They haven’t said yet what they’ll accept but you’ll need to do something that’s recognised or you won’t get insurance. No insurance, no commercial flight, it’s the law!!
Regarding Flight Restriction Zones, Danger, Prohibited and Restricted areas and TRAs that will be up to the CAA, not EASA and so far there is no indication that they’ll change the current rules so it’s still permission required before you fly inside, no exceptions.
There’s a lot more detail in the legislation and further clarification is expected later this year but for now that’s as uncomplicated as I can make it!!
And let’s not forget BREXIT!! We’re assuming that the new regs. will come in as forecast but no guarantees!
