the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the UK Implementing Regulation (a ‘certified’ category flight).

(2)

A UAS operator who contravenes paragraph (1) is guilty of an offence.

(3)

A UAS operator who contravenes a relevant requirement imposed in the UK Implementing Regulation is guilty of an offence.

(4)

For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the UK Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.

(5)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement in any of the following provisions of the UK Implementing Regulation—

(a)

Article 14(5) (registration);

(b)

Article 14(8) (display of registration number);

(c)

Article 19(2) (reporting of safety-related occurrences);

(d)

in Part A of the Annex—

(i)

point UAS.OPEN.050(3) (designation of remote pilot);

(ii)

point UAS.OPEN.050(4)(a) (competency of remote pilot);

(iii)

point UAS.OPEN.050(5) (geo-awareness updates).

(6)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) is a requirement in any of the following provisions of the UK Implementing Regulation—

(a)

Article 14(5) (registration);

(b)

Article 14(8) (display of registration number);

(c)

Article 19(2) (reporting of safety-related occurrences);

(d)

in Part B of the Annex—

(i)

point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii)

point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii)

point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv)

point UAS.SPEC.050(1)(d)(v) (operations manual);

(v)

point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi)

point UAS.SPEC.050(1)(g) (record-keeping);

(vii)

point UAS.SPEC.090 (access to records etc.);

(viii)

point UAS.SPEC.100 (use of certified equipment).

(7)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(ii) is a requirement in any of the following provisions of the UK Implementing Regulation—

(a)

Article 14(5) (registration);

(b)

Article 14(8) (display of registration number);

(c)

Article 19(2) (reporting of safety-related occurrences);

(d)

in Part B of the Annex—

(i)

point UAS.SPEC.050(1)(a) (operational procedures and limitations);

(ii)

point UAS.SPEC.050(1)(b) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(iii)

point UAS.SPEC.050(1)(d)(i) (competency of remote pilot);

(iv)

point UAS.SPEC.050(1)(d)(v) (operations manual);

(v)

point UAS.SPEC.050(1)(f) (authorised limitations and conditions);

(vi)

point UAS.SPEC.050(1)(g) (record-keeping);

(vii)

point UAS.SPEC.100 (use of certified equipment);

(e)

in Part C of the Annex—

(i)

point UAS.LUC.020(2) (scope and privileges of the LUC);

(ii)

point UAS.LUC.020(3) (operational control system);

(iii)

point UAS.LUC.020(4) (operational risk assessment);

(iv)

point UAS.LUC.020(5) (LUC record-keeping);

(v)

point UAS.LUC.090 (access to records etc.).

(8)

For the purposes of paragraph (7), the holder of a LUC who, in accordance with a privilege granted under point UAS.LUC.060(2) of Part C of the Annex to the UK Implementing Regulation, authorises a flight without applying for an operational authorisation is to be taken as having complied with any requirement in a provision referred to in paragraph (7)(d) relating to an operational authorisation.

(9)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(iii) is a requirement in any of the following provisions of the UK Implementing Regulation—

(a)

Article 14(5) (registration), subject to Article 16(4);

(b)

Article 14(8) (display of registration number);

(c)

Article 19(2) (reporting of safety-related occurrences),

and any condition of a kind referred to in Article 16(3) of the UK Implementing Regulation that is imposed on the UAS operator in the authorisation.

Contravention of the UK Implementing Regulation – remote pilot3.

(1)

A remote pilot must not fly an unmanned aircraft unless—

(a)

at the time of take-off, the remote pilot reasonably holds the view that the requirements in Article 4(1) of, and Part A of the Annex to, the UK Implementing Regulation will be met in respect of the planned flight (an ‘open’ category flight);

(b)

at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—

(i)

an operational authorisation issued to the UAS operator under Article 12 of the UK Implementing Regulation;

(ii)

a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of Part C of the Annex to that Regulation;

(iii)

an authorisation issued in accordance with Article 16 of that Regulation, or

(c)

the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the UK Implementing Regulation (a ‘certified’ category flight).

(2)

A remote pilot who contravenes paragraph (1) in relation to a flight, and who was not also the UAS operator in relation to that flight, is guilty of an offence.

(3)

A remote pilot who contravenes a relevant requirement imposed in the UK Implementing Regulation is guilty of an offence.

(4)

(5)

(a)

point UAS.OPEN.010(2) (maximum operating height);

(b)

point UAS.OPEN.060(1)(a), insofar as it relates to having the appropriate competency in the intended subcategory of flight;

(c)

point UAS.OPEN.060(1)(a), insofar as it relates to carrying proof of competency;

(d)

point UAS.OPEN.060(1)(d) (certain safety checks);

(e)

point UAS.OPEN.060(1)(e) (MTOM check);

(f)

point UAS.OPEN.060(2)(a) (fitness to fly);

(g)

point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;

(h)

point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;

(i)

point UAS.OPEN.060(2)(c) (airspace restrictions);

(j)

point UAS.OPEN.060(3) (flights close to emergency response).

(6)

For the purposes of paragraph (3), in the case of a flight conducted in the circumstances referred to in paragraph (1)(a) with a UAS of a kind specified in a provision of the UK Implementing Regulation listed in column 1 of Table 1 below, a “relevant requirement” also includes a requirement imposed in a provision of that Regulation specified in column 2 of that table (where “point” refers to a point in the Annex to that Regulation).

Table 1

Provision specifying the kind of UAS	Provision containing “relevant requirements”
Point UAS.OPEN.020(5)(za), (zb), (a), (c) or (d)	Point UAS.OPEN.020(2)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot does not intend to comply with points UAS.OPEN.040(A1), (1), (2) and (2A)	Point UAS.OPEN.030(1)
Point UAS.OPEN.030(3)(b)	Point UAS.OPEN.030(1A)
Point UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot intends to comply with points UAS.OPEN.040(A1), (1), (2) and (2A)	Point UAS.OPEN.040(A1), (1), (2) and (2A)
Point UAS.OPEN.040(4)(za), (a), (d) or (e)	Point UAS.OPEN.040(A1), (1), (2) and (2A)

(7)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) or (ii) is a requirement in any of the following provisions of Part B of the Annex to the UK Implementing Regulation—

(a)

point UAS.SPEC.060(1)(a) (fitness to fly);

(b)

point UAS.SPEC.060(1)(b), insofar as it relates to having the appropriate competency;

(c)

point UAS.SPEC.060(1)(b), insofar as it relates to carrying proof of competency;

(d)

point UAS.SPEC.060(2)(c) (certain safety checks);

(e)

point UAS.SPEC.060(3)(a) (authorised limitations and conditions);

(f)

point UAS.SPEC.060(3)(b) (risk avoidance);

(g)

point UAS.SPEC.060(3)(c) (airspace restrictions);

(h)

point UAS.SPEC.060(3)(d) (operator’s procedures);

(i)

point UAS.SPEC.060(3)(e) (flights close to emergency response).

(8)

For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(iii) is any condition of a kind referred to in Article 16(3) of the UK Implementing Regulation that is imposed on the remote pilot in the authorisation.

Registration of certified unmanned aircraft4.

(1)

The owner of an unmanned aircraft required by Article 6(1) or (2) of the UK Implementing Regulation to be certified must not cause or permit that aircraft to be flown unless the owner has first registered that aircraft in accordance with Article 14(7) of that Regulation.

(2)

Any person who contravenes paragraph (1) is guilty of an offence.

Penalties5.

(1)

Any person guilty of an offence under regulation 2(2) or regulation 3(2) is liable on summary conviction—

(a)

in England and Wales to a fine, or

(b)

in Scotland or Northern Ireland to a fine not exceeding level 5 on the standard scale.

(2)

Any person guilty of an offence under regulation 2(3) is liable on summary conviction to a fine—

(a)

not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in—

(i)

regulation 2(5)(a) (registration);

(ii)

regulation 2(5)(b) (display of registration number);

(iii)

regulation 2(5)(d)(i) (designation of remote pilot);

(iv)

regulation 2(5)(d)(ii) (competency of remote pilot);

(v)

regulation 2(5)(d)(iii) (geo-awareness updates);

(vi)

regulation 2(6)(a) (registration);

(vii)

regulation 2(6)(b) (display of registration number);

(viii)

regulation 2(6)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(ix)

regulation 2(6)(d)(iii) (competency of remote pilot);

(x)

regulation 2(6)(d)(iv) (operations manual);

(xi)

regulation 2(6)(d)(vi) (record-keeping);

(xii)

regulation 2(6)(d)(vii) (access to records etc.);

(xiii)

regulation 2(7)(a) (registration);

(xiv)

regulation 2(7)(b) (display of registration number);

(xv)

regulation 2(7)(d)(ii) (designation of remote pilot or allocation of responsibilities for autonomous operations);

(xvi)

regulation 2(7)(d)(iii) (competency of remote pilot);

(xvii)

regulation 2(7)(d)(iv) (operations manual);

(xviii)

regulation 2(7)(d)(vi) (record-keeping);

(xix)

regulation 2(7)(e)(iv) (LUC record-keeping);

(xx)

regulation 2(7)(e)(v) (access to records etc.);

(xxi)

regulation 2(9)(a) (registration), or

(xxii)

regulation 2(9)(b) (display of registration number);

(b)

not exceeding level 4 on the standard scale in any other case.

(3)

Any person guilty of an offence under regulation 3(3) is liable on summary conviction to a fine—

(a)

not exceeding level 2 on the standard scale if the offence relates to contravention of a relevant requirement referred to in regulation 3(5)(c) or (7)(c) (requirements for remote pilot to carry proof of competency);

(b)

not exceeding level 3 on the standard scale if the offence relates to contravention of a relevant requirement referred to in regulation 3(5)(b), (5)(e) or (7)(b) (requirements for remote pilot to have appropriate competency and verify MTOM);

(c)

not exceeding level 4 on the standard scale in any other case.

(4)

Any person guilty of an offence under regulation 4(2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Liability of directors etc. where offence committed by body corporate6.

(1)

Where an offence under this Part has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, the person as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if the member were a director of the body corporate.

Offence due to cause not avoidable by reasonable care7.

If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Part was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission will be deemed not to be a contravention by that person of that provision.

Fixed penalty offences8.

In the case of an offence under this Part which is prescribed under paragraph 2(2) of Schedule 10 to the Air Traffic Management and Unmanned Aircraft Act 2021, this Part has effect subject to Schedule 10 to that Act (fixed penalties for certain offences relating to unmanned aircraft).