The Air Navigation Order 2016 No. 765

PART 5 U.K. Operations

CHAPTER 4 U.K. Other aerial activities

Mooring, tethering, towing, use of cables, etc. U.K.

92.—(1) This article applies to or in relation to—

(a) balloons except unmanned free balloons;

(b) gliders;

(c) kites;

(d) parascending parachutes; and

(e) airships,

within the United Kingdom (which are referred to in this article as “relevant aircraft”).

(2) A relevant aircraft which is launched, moored, tethered or [F1 ground towed] must not be operated—

(a) in such a manner as to—

(i) represent a hazard to other airspace users; or

(ii) without the permission of the CAA, result in any part of the relevant aircraft whilst it is being launched or [F1 ground towed], or its tether, mooring or towing equipment, extending more than 60 metres above ground level;

(b) within F2 ... airspace notified for the purpose of this article;

(c) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome except—

(i) during the day and in Visual Meteorological Conditions; and

(ii) with the permission of the person in charge of the aerodrome, the appropriate air traffic control unit or the CAA.

(3) A relevant aircraft which is flown, launched, moored, tethered or [F1 ground towed] must be operated in accordance with any guidance issued from time to time by the CAA relating to such operation.

(4) An airship—

(a) must not be moored within 2km of a congested area unless—

(i) it is moored on a notified aerodrome; or

(ii) it has the permission of the CAA;

(b) must not be moored within the aerodrome traffic zone of a notified aerodrome unless it has the permission of the person in charge of the aerodrome or the air traffic control unit;

(c) when moored in the open must be securely moored and must not be left unattended.

(5) A balloon—

(a) in captive flight must be securely moored and must not be left unattended unless it is fitted with a device which ensures its automatic deflation if it breaks free of its moorings;

(b) in captive or tethered flight must not be flown within 60 metres of any vessel, vehicle or structure except with the permission of the person in charge of any such vessel, vehicle or structure.

Textual Amendments

F1 Words in art. 92(2)(3) substituted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(a)

F2 Words in art. 92(2)(b) omitted (14.12.2017) by virtue of The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 22(b)

Release of small balloons U.K.

93.—(1) A person must not cause or permit—

(a) a group of small balloons of more than 1,000 in number to be simultaneously released at a single site wholly or partly within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome unless that person has given to the CAA at least 28 days previous notice in writing of the release;

(b) a group of small balloons of more than 2,000 but not more than 10,000 in number to be simultaneously released at a single site—

(i) within airspace notified for the purposes of this sub-paragraph; or

(ii) within the aerodrome traffic zone of a notified aerodrome during the notified operating hours of that aerodrome,

except with the permission of the CAA; and

(c) a group of small balloons greater than 10,000 in number to be simultaneously released at a single site except with the permission of the CAA.

[F3 (2) In this article, a specified number of balloons counts as “simultaneously released at a single site” if released during a period of not more than 15 minutes from within an area not more than 1km square.]

Textual Amendments

F3 Art. 93(2) substituted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 23

Small unmanned aircraft[F4 : requirements] U.K.

94.—(1) A person must not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small unmanned aircraft so as to endanger persons or property.

(2) The [F5 remote pilot] of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.

(3) The [F6 remote pilot] of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions.

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (5) The SUA operator must not cause or permit a small unmanned aircraft to be flown for the purposes of commercial operations, and the remote pilot of a small unmanned aircraft must not fly it for the purposes of commercial operations, except in accordance with a permission granted by the CAA.]

Textual Amendments

F4 Word in art. 94 heading inserted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(a)

F5 Words in art. 94(2) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(b)

F6 Words in art. 94(3) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(c)

F7 Art. 94(4) omitted (13.3.2019) by virtue of The Air Navigation (Amendment) Order 2019 (S.I. 2019/261), arts. 1(2), 3

F8 Art. 94(4A) omitted (13.3.2019) by virtue of The Air Navigation (Amendment) Order 2019 (S.I. 2019/261), arts. 1(2), 3

F9 Art. 94(5) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 6(f)

[F10 [F11 Small unmanned aircraft: permissions for certain flights U.K.

94A.— (1) If the permission or permissions that are required under this article for a flight, or a part of a flight, by a small unmanned aircraft have not been obtained—

(a) the SUA operator must not cause or permit the small unmanned aircraft to be flown on that flight or that part of the flight, and

(b) the remote pilot must not fly the small unmanned aircraft on that flight or that part of the flight.

(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.

(3) But permission from the CAA is not required under paragraph (2) if—

(a) the flight, or the part of the flight, takes place in a flight restriction zone at a protected aerodrome, and

(b) permission for the flight, or the part of the flight, is required under paragraph (4) from an air traffic control unit or a flight information service unit.

(4) Permission for a flight, or a part of a flight, by a small unmanned aircraft in the flight restriction zone of a protected aerodrome is required—

(a) from any air traffic control unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the air traffic control unit;

(b) from any flight information service unit at the protected aerodrome, if the flight, or the part of the flight, takes place during the operational hours of the flight information service unit and either—

(i) there is no air traffic control unit at the protected aerodrome, or

(ii) the flight, or the part of the flight, takes place outside the operational hours of the air traffic control unit at the protected aerodrome;

(c) from the operator of the protected aerodrome, if—

(i) there is neither an air traffic control unit nor a flight information service unit at the protected aerodrome, or

(ii) the flight, or the part of the flight, takes place outside the operational hours of any such unit or units at the protected aerodrome.

(5) In this article, “operational hours”, in relation to an air traffic control unit or flight information service unit, means the operational hours—

(a) notified in relation to the unit, or

(b) set out in the UK military AIP in relation to the unit.

(6) In this article and article 94B, “protected aerodrome” means—

(a) an EASA certified aerodrome,

(b) a Government aerodrome,

(c) a national licensed aerodrome, or

(d) an aerodrome that is prescribed, or of a description prescribed, for the purposes of this paragraph.

(7) The “flight restriction zone” of a protected aerodrome is to be determined for the purposes of this article in accordance with the following table—

Type of protected aerodrome	The “flight restriction zone”
A protected aerodrome which is— (a) an EASA certified aerodrome, (b) a Government aerodrome, or (c) a national licensed aerodrome, and which has an aerodrome traffic zone.	The flight restriction zone consists of— (a) the aerodrome traffic zone at the aerodrome, (b) any runway protection zones at the aerodrome, and (c) any additional boundary zones at the aerodrome.
A protected aerodrome which is— (a) an EASA certified aerodrome, (b) a Government aerodrome, or (c) a national licensed aerodrome, but which does not have an aerodrome traffic zone.	The flight restriction zone consists of the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the notified mid-point of the longest runway and having a radius of two nautical miles. But if the longest runway does not have a notified mid-point, the mid-point of that runway is to be used instead for the purposes of determining the flight restriction zone.
A protected aerodrome that is prescribed, or of a description prescribed, under paragraph (6)(d).	The flight restriction zone consists of the zone that is prescribed for the purposes of this paragraph.

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

F11 Arts. 94A, 94B substituted (13.3.2019) by The Air Navigation (Amendment) Order 2019 (S.I. 2019/261), arts. 1(2), 4

Interpretation of expressions used in the definition of “flight restriction zone” U.K.

94B.— (1) This article makes provision about the meaning of expressions used in the definition of “flight restriction zone” in article 94A(7) that applies in relation to a protected aerodrome which is—

(a) an EASA certified aerodrome,

(b) a Government aerodrome, or

(c) a national licensed aerodrome,

and which has an aerodrome traffic zone.

(2) Subject to paragraph (4), there is one runway protection zone for each runway threshold of each runway at the aerodrome.

(3) A “runway protection zone”, in relation to a runway threshold at the aerodrome, is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a rectangle—

(a) whose longer sides measure 5 km,

(b) whose shorter sides measure—

(i) 1 km (except in the case of Heathrow Airport), or;

(ii) 1.5 km, in the case of Heathrow Airport, and

(c) which is positioned so that—

(i) one of the shorter sides of the rectangle (“side A”) runs across the runway threshold, and

(ii) the two longer sides of the rectangle are parallel to, and equidistant from, the extended runway centre line as it extends from side A out to, and beyond, the runway end to which the runway threshold relates.

(4) There is no runway protection zone—

(a) for any runway threshold at the London Heliport;

(b) for any runway threshold that is prescribed, or of a description prescribed, for the purposes of this paragraph.

(5) The “runway threshold” of a runway at the aerodrome is the location that, for the purpose of demarcating the start of the portion of the runway that is useable for landing, is—

(a) notified as the threshold of the runway, or

(b) set out as the threshold of the runway in the UK military AIP.

(6) The “extended runway centre line”, in relation to a runway at the aerodrome, is an imaginary straight line which runs for the length of the runway along its centre and then extends beyond both ends of the runway.

(7) An “additional boundary zone” is the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within any part of the area between—

(a) the boundary of the aerodrome, and

(b) a line that is 1 km from the boundary of the aerodrome (the “1 km line”),

that is neither within the aerodrome traffic zone nor within any runway protection zone at the aerodrome.

(8) The 1 km line is to be drawn so that the area which is bounded by it includes every location that is 1 km from the boundary of the aerodrome, measured in any direction from any point on the boundary.]

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

F11 Arts. 94A, 94B substituted (13.3.2019) by The Air Navigation (Amendment) Order 2019 (S.I. 2019/261), arts. 1(2), 4

Certain small unmanned aircraft: registration as an SUA operator U.K.

94C.— (1) Subject to the following provisions of this article, the CAA must issue a certificate of registration as an SUA operator to a person, or renew that person’s certificate of registration as an SUA operator, if the person—

(a) has applied to the CAA, in such manner as the CAA may require, to be registered as an SUA operator,

(b) has supplied such information and evidence as the CAA may require, and

(c) has, in the case of an individual, attained the age (if any) that is prescribed.

(2) Subject to paragraph (3), a certificate of registration may relate—

(a) to a particular description of small unmanned aircraft;

(b) to a particular description of flights by small unmanned aircraft.

(3) No certificate of registration is to be issued in relation to—

(a) small unmanned aircraft with a mass of less than 250 grams without their fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of their flight, or

(b) flights by small unmanned aircraft of that description.

(4) A certificate of registration issued, or renewed, under this article is valid for the period shown on the certificate, subject to—

(a) article 253, or

(b) the SUA operator notifying the CAA, in such manner as the CAA may require, that the SUA operator surrenders the certificate.

(5) The CAA is not required to accept applications for certificates of registration under this article before 1st October 2019.

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

Certain small unmanned aircraft: requirement for registration as SUA operator U.K.

94D.— (1) This article applies to a flight by a small unmanned aircraft only if it has a mass of 250 grams or more without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.

(2) The SUA operator must not cause or permit the small unmanned aircraft to be flown unless—

(a) the CAA has issued the SUA operator with a certificate of registration which is valid for that flight at the time of the flight, and

(b) the SUA operator’s registration number is displayed on the aircraft in the manner (if any) that is prescribed.

(3) The remote pilot of the small unmanned aircraft must not fly it unless the remote pilot has reasonably formed the view that the SUA operator complies with the requirements in paragraph (2) in relation to that flight.

(4) In this article—

“certificate of registration” means a certificate issued under article 94C;

“registration number” means the ten digit registration number assigned by the CAA in relation to an SUA operator’s registration under article 94C.

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

Certain small unmanned aircraft: competency of remote pilots U.K.

94E.— (1) Subject to the following provisions of this article, the CAA must issue an acknowledgement of competency to an individual, or renew that individual’s acknowledgement of competency, if the individual—

(a) has applied to the CAA, in such manner as the CAA may require, for an acknowledgement of competency,

(b) has supplied such information and evidence as the CAA may require,

(c) has undertaken such training as the CAA may require, and

(d) has undergone such tests as the CAA may require.

(2) That training or those tests may relate to matters which include—

(a) the practical operation of small unmanned aircraft;

(b) matters connected with the operation of small unmanned aircraft (such as respect for privacy, data protection, safety, security and environmental protection).

(3) Subject to paragraph (4), an acknowledgement of competency may relate—

(a) to a particular description of small unmanned aircraft;

(b) to a particular description of flights by small unmanned aircraft.

(4) No acknowledgement of competency is to be issued in relation to—

(a) small unmanned aircraft with a mass of less than 250 grams without their fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of their flight, or

(b) flights by small unmanned aircraft of that description.

(5) An acknowledgement of competency issued, or renewed, under this article is valid for the period shown on the acknowledgement, subject to article 253.

(6) The CAA may issue an acknowledgement of competency subject to such conditions as it deems appropriate.

(7) The CAA is not required to accept applications for acknowledgements of competency under this article before 1st October 2019.

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

Certain small unmanned aircraft: requirement for acknowledgement of competency U.K.

94F.— (1) This article applies to a flight by a small unmanned aircraft only if it has a mass of 250 grams or more without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.

(2) The remote pilot of the small unmanned aircraft must not fly it unless the CAA has issued the remote pilot with an acknowledgement of competency which is valid for that flight at the time of the flight.

(3) The SUA operator must not cause or permit the small unmanned aircraft to be flown unless the SUA operator has reasonably formed the view that the remote pilot of the aircraft complies with the requirements in paragraph (2) in relation to that flight.

(4) In this article “acknowledgement of competency” means an acknowledgement issued under article 94E.

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

Meaning of “remote pilot” and “SUA operator” U.K.

94G.   In this Order—

(a) the “remote pilot”, in relation to a small unmanned aircraft, is an individual who—

(i) operates the flight controls of the small unmanned aircraft by manual use of remote controls, or

(ii) when the small unmanned aircraft is flying automatically, monitors its course and is able to intervene and change its course by operating its flight controls;

(b) the “SUA operator”, in relation to a small unmanned aircraft, is the person who has the management of the small unmanned aircraft.]

Textual Amendments

F10 Arts. 94A-94G inserted (30.7.2018 for specified purposes) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 7

Small unmanned surveillance aircraft U.K.

95.— [F12 (1) The SUA operator must not cause or permit a small unmanned surveillance aircraft to be flown in any of the circumstances described in paragraph (2), and the remote pilot of a small unmanned surveillance aircraft must not fly it in any of those circumstances, except in accordance with a permission issued by the CAA.]

(2) The circumstances referred to in paragraph (1) are—

(a) over or within 150 metres of any congested area;

(b) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;

(c) within 50 metres of any vessel, vehicle or structure which is not under the control of [F13 the SUA operator or the remote pilot] of the aircraft; or

(d) subject to paragraphs (3) and (4), within 50 metres of any person.

(3) Subject to paragraph (4), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.

(4) Paragraphs (2)(d) and (3) do not apply to the [F14 remote pilot] of the small unmanned surveillance aircraft or a person under the control of the [F14 remote pilot] of the aircraft.

(5) In this article, “a small unmanned surveillance aircraft” means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.

Textual Amendments

F12 Art. 95(1) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 8(a)

F13 Words in art. 95(2)(c) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 8(b)

F14 Words in art. 95(4) substituted (30.7.2018) by The Air Navigation (Amendment) Order 2018 (S.I. 2018/623), arts. 1(2), 8(c)

Rockets U.K.

96.—(1) Subject to paragraph (2), this article applies to—

(a) small rockets of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds; and

(b) large rockets.

(2) This article does not apply to—

(a) an activity to which the Outer Space Act 1986 M1 applies; or

(b) a military rocket.

(3) No person may launch a small rocket unless the conditions in paragraph (4), and any of the conditions in paragraphs (5), (6) and (7) which are applicable, are satisfied.

(4) The first condition is that the person launching the rocket is satisfied on reasonable grounds that—

(a) the flight can be safely made; and

(b) the airspace within which the flight will take place is, and will throughout the flight remain, clear of any obstructions including any aircraft in flight.

(5) The second condition is that the person launching the rocket on a flight within controlled airspace has obtained the permission of the appropriate air traffic control unit for aircraft flying in that airspace.

(6) The third condition is that the person launching the rocket on a flight within an aerodrome traffic zone of an aerodrome during its notified operating hours—

(a) has obtained the permission of the air traffic control unit at the aerodrome; or

(b) if there is no air traffic control unit, has obtained from the aerodrome flight information service unit at that aerodrome information to enable the flight within the zone to be conducted safely; or

(c) if there is no air traffic control unit and no aerodrome flight information service unit, has obtained information from the air/ground communications service unit at that aerodrome to enable the flight to be conducted safely;

(7) A flight for commercial operation purposes must be carried out under and in accordance with a permission granted by the CAA to the person launching the rocket.

(8) A flight by a large rocket must be carried out under and in accordance with a permission granted by the CAA to the person launching the rocket.

Marginal Citations

M1 1986 c.38.