Drones and the criminal law
This article examines drones and the legal framework which governs their usage as far as criminal laws are concerned. It focuses on drones which are available to the public and looks at potential risks, the relevant law, one’s responsibilities as a drone owner and further caveats for particular types of drone use. Legal disclaimer: It does not constitute legal advice.
What are Drones?
‘Drone’ refers to any object that can be flown without a human pilot.
They can range from armed technologies used in various military operations to much smaller gadgets that can be purchased by members of the general public. The latter category is the main focus of this article. These items may be controlled remotely and may have an attached to a camera that provides a live feed to the controller. They allow for educational, professional and leisure purposes. Various models are available which vary in speed, range, size and price.
When are drones a problem?
Drones become a problem when they interfere with other objects using the same airspace. They can present a problem for both civilian and military aircraft. Despite their relatively small size a collision could have disastrous consequences. Such incidents are more likely to happen when drones are flown too high or too close to areas where aircraft are taking off and landing frequently.
What are the rules?
If you have bought a drone for personal use, then you have some responsibilities relating to your use of that drone. Breaching these duties can result in prosecution. It is advisable to consult the Civilian Aviation Authority Air Navigation Order 2016, specifically Articles 94, 95 and 241. You can download the ‘Drone Code’ from the website dronesafe.uk. You must understand your essential duties as a drone owner, many of which are common sense:
– know how to fly your drone safely, and do so within the law
– understand that the operator is legally responsible for every flight
– keep your drone in sight at all times – stay below 400ft
– don’t fly your drone over a congested area
– never fly within 50 metres of a person, vehicle or building not under your control
– ensure any images you obtain using the drone do not break privacy laws
– avoid collisions – you should never fly a drone near an airport or close to aircraft
It is a criminal offence to endanger the safety of any aircraft in flight. If you break the rules, you could threaten life and also face prosecution, in some cases resulting in imprisonment or a substantial fine.
Are there extra rules when using drones for commercial purposes?
If you want to use a drone for commercial purposes, for example as an estate agent to take aerial video of properties for sale, then permission must be sought from the Civilian Aviation Authority. It is also expected that you will attend an accredited course which will test your knowledge of and competence with drones.
What about cross-overs into the military’s use of drones?
Any drone use completed for the Ministry of Defence is regulated by the Military Aviation Authority. Tasks such as surveys at height, photography and multimedia activities are covered by these provisions, and one should look at Regulatory Articles 1600, 2320 and 2321 for specific requirements.
The bottom line
So whilst drones can be exciting and useful, the come with their fair share of responsibilities. If you follow the principles highlighted above, you will be much less likely to fall foul of the laws, rules and regulations governing this new technology.
AWARD-WINNING SERVICE
