SCHEDULES

SCHEDULE 9Unmanned aircraft: powers of police officers relating to ANO 2016

Provision of evidence of consents for certain flights

I16

1

A constable may exercise the power conferred by this paragraph in relation to a person (P) if the constable—

a

has reasonable grounds for believing that—

i

a flight by an unmanned aircraft is taking place or has taken place, and

ii

P is or was the remote pilot or the UAS operator of the unmanned aircraft for the flight, and

b

has reasonable grounds for suspecting that a provision of the ANO 2016 is or was being contravened unless a relevant consent is or was applicable as respects the unmanned aircraft and the flight.

2

The constable may require P to provide, as respects the unmanned aircraft and the flight, such evidence as the constable considers reasonable of a relevant consent.

3

In this paragraph “relevant consent” means a permission, operational authorisation, LUC, authorisation or certification required by, or referred to in, any of the following provisions of the ANO 2016—

a

article 94A (permission for flights over or near aerodromes);

b

article 265A(1)(b) (operational authorisation, LUC with appropriate privileges, or authorisation);

c

article 265A(1)(c) (certification of UAS and UAS operator);

d

article 265B(1)(b) (operational authorisation, LUC with appropriate privileges, or authorisation);

e

article 265B(1)(c) (certification of UAS and UAS operator);

f

article 265E(3) (tethered small unmanned aircraft: permission from CAA).

4

P is guilty of an offence if—

a

P fails to comply with a requirement imposed by a constable under this paragraph to provide, as respects a flight by an unmanned aircraft, evidence of a relevant consent,

b

P is or was the remote pilot or the UAS operator of the unmanned aircraft for the flight, and

c

the relevant consent is or was applicable as respects the unmanned aircraft and the flight.

5

A person who is guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6

Paragraph 10 includes a defence to the offence under this paragraph.