Further to the announcement earlier this week, we will be
working with the CAA to clarify the detail of how we can best assist our
members to comply with the Registration and Competency requirements which were
introduced in the 2018 changes to the Air Navigation Order and become law on
the 30th November 2019 for those operating unmanned aircraft.
The changes to the law are in part to address established
issues arising from unlawful operation, but also to help facilitate the wider
integration of unmanned aircraft into the airspace in the future. The
Queen’s Speech of 14th October announced the ‘Air Traffic Management
and Unmanned Aircraft Bill’ which introduces mechanisms for modernising
airspace and Air Traffic Services and provides the Police with new powers to
deal with the unlawful use of unmanned aircraft.
It is acknowledged that Operator Registration is unlikely to
address unlawful operation and that those using an unmanned aircraft for
malicious purposes are unlikely to register. However, it does provide the
Police with a mechanism for enforcement if they challenge anyone they suspect
of operating an unmanned aircraft illegally. If the operator is not
registered or able to confirm competency, then the Police have an immediate and
clear reason for issuing a fixed penalty notice or prosecution. Details
of the punitive measures have yet to be published.
Similarly, it is acknowledged that Competency requirements
will not address the issue of those using unmanned aircraft with malicious
intent. However, there is a hope that it may help reduce the significant
number of unlawful operations conducted unwittingly. The BMFA does not
disagree that awareness of applicable regulations is an essential requirement
for safe operation and during our campaign it has become evident to all parties
(including the CAA) that there are, perhaps, a few too many model flyers who do
not fully understand the existing regulations.
The measures announced earlier this week are interim ones to
deal with the immediate issue of the changes to UK law which become applicable
on the 30th November. We will be working with the CAA towards
the implementation of the EU regulations in June 2020, so actively encouraging
members to break the law by not complying (as some have suggested) would be
counterproductive and detrimental to our ongoing negotiations.
What does this mean for BMFA members?
In simple terms, if you operate an unmanned aircraft weighing
more than 250g outdoors after the 30th November then it will become
a legal requirement to be registered as an Operator with the CAA and be able to
provide evidence that you are competent (essentially to confirm that you are
aware of the applicable laws). Those who only operate control line
aircraft will be exempted from the requirements.
The CAA have agreed to recognise our members’ Achievements as
an alternative to their online test and allow us to administer registration of
Operators as part of our membership process. A few key points to note are
that:
- The fee for Operator
registration will be £9/year. Where members choose to register
through the BMFA, we will collect the fee and pass it on to the CAA.
The BMFA does not profit from this in any way. The CAA has to make a
charge to users in order to cover the cost of the scheme which is not
subsidised by the Government (unlike in some other countries).
- Members will be exempted
from registering as Operators on the 30th November and can
register instead as part of the BMFA’s membership renewal process (ideally
by the end of January 2020).
- Registering as an
Operator through the BMFA will be a specific ‘opt-in’ for members and the
CAA will only receive information for those members who have given consent
by ‘opting in’ and paid the CAA fee.
- The BMFA has never and
will never share members’ data with any third parties without consent.
- We are still clarifying
arrangements for junior members in terms of Operator registration, but
there are no age restrictions for ‘Remote Pilots’.
- Members who ‘opt in’
will receive an email from the CAA with their ‘Flyer ID’ once their data
is uploaded. (Should a member be asked to provide proof of registration
before receiving their Flyer ID the BMFA office will provide evidence of
compliance.)
- There will be no
requirement to place any registration numbers on the exterior of model
aircraft, but they must be carried in an easily accessible location
(within a battery hatch for example).
- For members with an
existing Achievement, all that they will need to do to remain lawful will
be to simply ‘opt in’ when they renew their membership and pay the
additional CAA fee.
- We will shortly
introduce a Member’s Competency Certificate (a simple knowledge test which
will be available online/hardcopy and/or via our clubs and examiners) as
an alternative to the CAA system for those without an existing
Achievement. Members without an existing Achievement will either
have to complete a Member’s Competency Certificate or the CAA’s own test
before we can register them as an Operator.
- Registration and/or
evidence of competency will not be conditions of BMFA membership but
failure to be able to produce evidence of both if challenged by the Police
could result in a fixed penalty notice or prosecution.
- Compliance with the
Registration/Competency requirements is largely a matter for individual
members and as such we would not expect Clubs to automatically assume
responsibility for policing it, though of course some may choose to do so
(perhaps to assist those members wishing to comply who do not have access
to the internet or in order to comply with local operating requirements
such as FRZ permissions for example).
- We are still working
with insurers to resolve any potential insurance implications and hope to
be able to clarify the situation by the end of this week.
- Members will continue to
benefit from the existing permissions/exemptions already granted to the
CAA recognised UK Associations (such as the permission to operate above
400ft with aircraft of less than 7Kg, operate control line aircraft within
an FRZ and operate FPV aircraft with a competent observer).
We appreciate that there are still likely to be many
questions arising from this, but there remains a lot of detail to resolve with
the CAA (and our insurers) before we can issue definitive guidance.
However, please be assured that we will provide further information and
guidance as soon as it becomes available.
Kind Regards
David Phipps, CEO.
