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Would I be outside of UK CAA UAV rules, if ... ?

FoxhallGH

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We have a local TV services mast that is 165 metres high. UK rules say I must fly at a max. of 120 metres from the surface (ground) ...
I've seen posts and videos where Drones in the USA stay within the 400' (120 m) rule but fly up and above towers like this - on the basis that the 400' ruling means that they can ascend within a 400' radius of the tower, then carry on up another 400' above it.

Do we have the same ability to fly that profile in the UK under CAA rulings??

In other words ... If I fly my drone (100% recreational - not PfCO) to within 120 metres of the TV services mast, then ascend to 170 metres and position the drone over the top of the mast for a panoramic shot of the surroundings ... am I breaking the law??
 
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Don't forget that the 400 ft allowance over structures in the US applies only to Part 107 - not aircraft flying recreationally under the Special Rule.
Yes - that's why I'm asking w.r.t. the UK rules. The CAA here has determined that the 400ft rule is 'from the surface' - so you can happily fly all the way up a 500ft cliff face, as long as you remain withing 400ft of that cliff-face (and that applies to recreational flying). But, I've not seen anything regarding that same tower scenario that's been in several US videos.
UK rules are like so ...
400_2.jpg 400ft.jpg
 
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am I breaking the law??

I can't speak for the rules in other countries but you'd be breaking the Drone Code if you flew at 170m above the ground here in the UK mate.

Why not just go around it?
 
I can't speak for the rules in other countries but you'd be breaking the Drone Code if you flew at 170m above the ground here in the UK mate.

Why not just go around it?
But then if I went to a 160 metre hilltop, and flew my drone 5 metres above it, I'd be OK - yes??? Serious question because a lot of the CAA reg's here in the UK seem to be based on the FAA rulings in the USA ... So - I don't know if you have seen the vid's of drones being flown above 400ft comm's masts in the USA, but my question is - do we have the ability to do the same here??
In essence, I'd only be 5 metres above the obstruction ...

To answer your question - I was hoping to get some pano' pictures from the top of the mast.
 
But then if I went to a 160 metre hilltop, and flew my drone 5 metres above it, I'd be OK - yes??? Serious question because a lot of the CAA reg's here in the UK seem to be based on the FAA rulings in the USA ...

Yes. Your 400ft / 120m is based on manned aircraft flying altitude and that is based on ground height. Now, not my area of legal expertise, but although the manned aircraft would be avoiding the radio mast, neither the Drone Code nor the order mention height above obstacles.

Here is the information from the CAA site (my bold):

Article 94A - 400ft height limitation interpretation
In aviation terms, ‘height’ means the vertical distance of an object (in this case the small unmanned aircraft) from a specified point of datum (in this case above the surface of the earth). To cater for the few occasions where a small unmanned aircraft is being flown over hilly/undulating terrain or close to a cliff edge, the 400 ft height above the surface requirement may be interpreted as being a requirement to remain within a 400 ft distance from the surface, as shown in the diagram below. For the purposes of Article 94A, this is considered to be an acceptable means of compliance with the legal requirement.

Remember that the limitation applies to ‘heights above/distances from’ the surface of the earth. It does not automatically apply to heights/distances from tall buildings or other structures: in such cases, an additional permission from the CAA will be required, which will invariably also require permission to operate within a congested area.

1553932791495.png
 
Thanks for your reply @Idrach ... I've sent an e-mail off to the CAA to ask this specific question - and tho' I have got a 'received' note back - it's now been 3 weeks and I've not heard a thing.
I understand 100% what you say above, but still can't find a 'thou shalt not ...' type statement that covers this scenario. If I do get something back from the CAA, I'll post that of course ...
 
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@FoxhallGH The Air Navigation (Amendment) Order 2019 replaces the Air Navigation Order 2016 Section 94 (the drone bit!) It includes the following:

(2) Permission from the CAA is required for a flight, or a part of a flight, by a small unmanned aircraft at a height of more than 400 feet above the surface.

Yes, I am a awkward b@stard who has to Google-hack legislation.gov.uk for the day job ;)

The ANO16 had this rule but it was only applicable to drones 7kg or more.
 
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