CP4 – Small Unmanned Aircraft (01 December 2020)
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Small unmanned aircraft Guidance for operators of small unmanned aircraft in the Isle of Man CP4 01 December 2020 Isle of Man Civil Aviation Administration Viscount House, Isle of Man Airport, Ballasalla, Isle of Man, IM9 2AS Email: [email protected] Phone: +44 (0)1624 682 358 Intentionally blank Page 2 CP4 – Small unmanned aircraft (01 December 2020) Table of Contents Table of Contents ........................................................................................................................................... 3 Revision history .............................................................................................................................................. 3 1. Overview ................................................................................................................................................. 4 2. Basic principles ........................................................................................................................................ 4 3. Legislation ............................................................................................................................................... 5 4. SUA less than 250g maximum take-off mass .......................................................................................... 8 5. Airspace restrictions and hazards ........................................................................................................... 8 6. Permissions ........................................................................................................................................... 11 7. Insurance ............................................................................................................................................... 12 8. Abnormal and emergency situations .................................................................................................... 12 9. Safety concerns ..................................................................................................................................... 14 10. Privacy and landowner concerns ...................................................................................................... 15 Annex A: Civil Aviation (Small Unmanned Aircraft) Order 2020 SD No. 2020/0135 ................................... 16 Annex B: Isle of Man Airport airspace restriction ........................................................................................ 27 Annex C: Isle of Man Prison airspace restriction ......................................................................................... 29 Revision history Version Date Details 1 November 2016 Initial issue 2 April 2018 Editorial corrections 3 December 2018 Inclusion of airport and prison restrictions 4 March 2019 General update Complete update to reference the requirements of the 5 November 2020 Civil Aviation (Small Unmanned Aircraft) Order 2020 © Department for Enterprise 2020 All rights reserved. Copies of this publication may be reproduced for personal use, or for use within a company or organisation, but may not otherwise be reproduced for publication. Copies of this document are available in large print upon request. CP4 – Small unmanned aircraft (01 December 2020) Page 3 1. Overview Unmanned aircraft, often known as ‘drones’, come in a variety of shapes and sizes from very small toys up to full-size aircraft; this publication aims to offer guidance to operators of small unmanned aircraft. It may also be of use to members of the public with an interest in unmanned aircraft. Small unmanned aircraft are defined as those whose maximum take-off mass is not more than 25kg. This includes multi-rotor and fixed wing SUA, as well as traditional radio-controlled model aeroplanes and helicopters. Throughout this publication we will use the term ‘SUA’ to mean any of the various types of small unmanned aircraft. The Isle of Man Civil Aviation Administration is the aviation safety and security regulator for the Isle of Man. The legislation most relevant to SUA is the Civil Aviation (Small Unmanned Aircraft) Order 20201; more details of this are contained in the relevant sections below. You can find more information about the Isle of Man CAA on our website https://www.gov.im/caa. 2. Basic principles If you are flying a SUA, you must always do so safely. Like any aircraft, SUA can pose a hazard to other aircraft and also to people and property on the ground. It is your responsibility to be aware of the rules that are designed to keep everyone safe. Please note that the UK and EU SUA regulations do not apply on the Isle of Man. The legislation, and the guidelines in this document, are intended to enable the safe use of SUA in the Island. 2.1 Be SUA safe • Always keep your SUA in sight. This means you can see and avoid other aircraft and obstacles on the ground while flying. • Don’t fly your SUA at night as it can be very difficult to monitor your SUA flight properly so that you can avoid collisions. • Don’t fly your SUA over 400 feet above the ground. This reduces the chance of a conflict with a manned aircraft. • Don’t fly your SUA over or within 150m of a substantially residential, industrial, commercial or recreational area. • Don’t fly your SUA over or within 150m of an organised open-air assembly of more than 1000 people. • Make sure you stay the right distance from people and property on the ground. You must not fly closer than 50m to people and properties (30m from people during take-off and landing). • Don’t fly your SUA within 5km of the Isle of Man Airport, unless you have permission. 2.2 Be SUA aware • Always follow the manufacturer’s instructions when you fly your SUA to keep yourself and the people around you safe. • Make sure you have permission from the landowner before you fly your SUA. • Be aware of the effect your SUA may have on any nearby wildlife. You must not disturb any wildlife, including birds and their nests. Certain species are protected by the Wildlife Act 1990 and byelaws 1 SD No. 2020/0135 Page 4 CP4 – Small unmanned aircraft (01 December 2020) are in place in some areas, for example the Ayres National Nature Reserve. More information is available from the Department of Environment, Food and Agriculture: https://www.gov.im/about- the-government/departments/environment-food-and-agriculture/ecosystem-policy-and- energy/wildlife-biodiversity-and-protected-sites/ • Be aware of people’s right relating to privacy. More information is available from the Isle of Man Information Commissioner: https://www.inforights.im/ 2.3 Be SUA legal • Remember you are responsible for each flight and failure to fly responsibly could result in criminal prosecution. Stay well away from aircraft and airfields. • It is against the law to fly your SUA within 5km of the Isle of Man Airport unless you have permission from the Isle of Man CAA. • It is against the law to fly your SUA over any part of the Isle of Man Prison at Jurby. • If your SUA endangers the safety of an aircraft it is a criminal offence and you could go to prison. 2.4 Safety apps There are many smartphone/tablet apps available to assist with flying your SUA safely, for example NATS’ SUA Assist, powered by Altitude Angel. This will show you an interactive map of the airspace used by commercial air traffic and ground hazards that may pose safety risks to your flight. You can find more information on the Drone Assist website: https://dronesafe.uk/safety-apps/. You are responsible for flying your SUA safely and may be prosecuted if you don’t. 3. Legislation The law in the Isle of Man regarding the operation of SUA is contained in the Civil Aviation (Small Unmanned Aircraft) Order 2020, which is sometimes referred to as the ‘SUA Order’. The legal requirements and amplifying guidance is set out below but Courts of Law will refer only to the source regulatory material which is available at Annex A. 3.1 Definitions The Civil Aviation (Miscellaneous Provisions) Order 20202 contains the definitions of terms used in the SUA order: ‘Small unmanned aircraft’ means any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 25 kilograms without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight. ‘Remote pilot’, in relation to a small unmanned aircraft, is an individual who – (a) operates the flight controls of the small unmanned aircraft by manual use of remote controls; or (b) 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. 2 SD No. 2020/0134 CP4 – Small unmanned aircraft (01 December 2020) Page 5 In this publication, the term SUA means ‘small unmanned aircraft’ and includes multi-rotor and fixed-wing SUA as well as radio controlled model aircraft. Some articles contain a requirement to obtain a permission; further information about this can be found in Section 6. The remote pilot of the SUA is responsible for the safety of any SUA flight and is liable to prosecution if they fail to comply with the requirements of the SUA Order. 3.2 Article 4: application The SUA Order applies to SUA between 250g and 25kg. Guidance on the operation of SUA with a maximum take-off mass of less than 250g is at Section 4. The Order does not apply to SUA flown indoors where there is no possibility of escape into the open air. For example, the order would not apply to SUA being flown inside a sports hall as long as the fire exits, windows etc. were closed but would apply