One of the reasons for writing this blog was because I was often asked the same old question when out flying my drone. Some random person would approach me and the first thing they would ask is, “Do you have a licence to fly that?”
How do you reply to that?
· Yes I have actually, now go away.
· Which one are you asking about: DEMARES, A2 CofC, GVC or OFQUAL L4?
· Are you from the CAA?
· Are you completely au fait with the current regulations?
· No, I don’t need one.
· What’s your next question?
· Who are you?
· Do you have a licence to drive that car?
· P**s Off!
Why do people insist on asking, especially if they don't know the current legislation themselves (and that includes many Police officers). Would you go up to somone parking their car in Tescos and ask them if they have a driving licence?
Fly that over here and I’ll shoot the f***er down!
Is the second most phrase that I have heard whilst out and about. Well hold your horses because if you do, you are likely to be committing numerous criminal offences. You cannot shoot down a drone, even if it is flying over your house, garden or land (explained below).
Legislation
It must be remembered that most drone users are safe, responsible and fly legally.
The Air Navigation Order 2016, Section 241 states: A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property. There can be consequences for drone pilots who do not adhere to this.
Potential Offences of Shooting at a Drone.
First Point
Criminal Damage Act 1971, Section 2. (Threats)
A person who without lawful excuse makes a threat, intending that that other would fear it would be carried out, to destroy or damage any property belonging to that other or a third person; shall be guilty of an offence. So don’t make threats to shoot one down.
Second Point
Criminal Damage Act 1971, Section 2. (Damage)
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property (or being reckless as to whether any such property would be destroyed or damaged) shall be guilty of an offence.
In addition, for a person to interrupt a drone pilot whilst the drone is in flight could be considered ‘reckless endangerment’, which is also punishable by fines or even imprisonment under Section 2.
Third Point
Air Navigation Order 2016, Section 240 - Endangering an aircraft.
A drone is classed as an ‘Aircraft’ as per the Civil Aviation Authority (CAA). Shooting down or even firing towards a drone can be legally seen as ‘endangering an aircraft’, which is a serious offence and carries a prison sentence of up to five years. You might as well fire towards an airliner taking off at Gatwick.
Fourth Point
Firearms Act 1968
Firing a weapon in a public area, (with the intention of shooting down a drone), can lead to charges.
It is an offence (in England and Wales) without lawful authority or reasonable excuse to discharge any firearm within 50 feet of the centre of a highway where a user (member of the public / drone pilot) of the carriageway could be injured, interrupted or endangered.
Also, if you fire and miss, there may be a danger of hitting something else.
So the crux of it is that if you threaten or actually shoot towards a drone, you would be committing several criminal offences.
What About Trespass, Privacy & Airspace?
Even if you believe your privacy rights are being breached it's unreasonable to shoot at a drone.
A drone pilot is allowed take off, away from your private property boundary and fly over it at a ‘reasonable’ height without needing permission. Land & property owners do not own the air above their land but they are assumed a right to freely enjoy their property.
Drones under 250g can be flown in residential, recreational, commercial, and industrial areas provided that area is within an allowed airspace and there are no local byelaws preventing the use of drones. They also have to be flown at a minimal horizontal distance of 150m.
Airspace
This is a tricky one because airspace ownership is not that straight forward (in the UK). Drone pilots are expected to respect a property owner’s privacy and not fly too close to residential properties and gardens.
If they are flown too low (and this is subjective but see below) a call for trespass could be made. It should be remembered that trespass is a civil tort (to which you must sue) rather than be a criminal offence.
The law (Section 76 Civil Aviation Act 1982) splits the airspace into two layers: the Lower Stratum and the Upper Stratum.
The former is the immediate space above your property/land up to a ‘reasonable’ height, to which you have the right to enjoy without interference.
The latter Upper Stratum starts from the point where the Lower Stratum ends, and this is said to be about 500 feet above your roof. Upper Stratum airspace is considered ‘public’ and is controlled by the CAA and this is where aircraft (including drones) are permitted to fly. Most drones are legally allowed to fly up to 400 feet above ground level at the point of take-off, and this is deemed as the Upper Stratum.
Keep in mind, just because there is a drone over your property, it does not mean that it is filming YOU, or even that the camera is recording. It is very difficult to actually see from the ground which direction a drone camera is actually pointing. An operator should be conscious of not flying below the line of the roof and into gardens and not become a nuisance.
They can peep through our windows.
I understand that some commercial drones have very powerful lenses but the likes of the DJI Mini series and cheaper drones do not, which means you often have to get very close, especially to look through someone’s windows.
Would you really expect a ‘voyeur’ to pay in the region of £20,000 for a high tech drone to see through someone’s windows for kicks? The owner of such equipment not only has spent a lot of money on it, but they sould also have the appropriate qualifications to fly it. By that virtue, they would have a lot to lose if caught ‘peeping’.
Realistically, you have to be very close indeed (at least a couple of feet) to warrant any clear imagery and then there is the problem of reflections in the window. Its near impossible to get clear images through windows during the day.
Can I Jam the Signal?
Jammers are illegal to use in the UK under Section 68.1 of the Wireless Telegraphy Act 2006. An offence can carry a sentence of up to two years imprisonment.
Drones generally transmit on the 2.4GHz or 5.7GHz frequencies and jammers can be bought online to jam them but the signal may also interfere with nearby Wi-Fi signals. The jammers will only transmit for a specific close range and thus a drone with a powerful camera may not even be defeated.
There is an additional side to jamming a drone is that it could fall out of the sky and thus endanger someone on the ground.
When a drone to controller signal is lost (or jammed) it normally takes about 11 seconds for the drone to react. It will either hover where it is, or it will return to its 'home' (where it took off from) depending how its been programmed.
What About Data Protection Then– Taking my photo.
We are allowed to take pictures of anyone and anything if both are in a public space (UK). However, consideration to the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) should be taken into account. If you are collecting images (or video) of ‘identifiable’ people as part of your work, you should be registered with the Information Commissioners Office (ICO) and follow the DPA Principles.
What to do if you are bothered by a drone.
Most sensible drone pilots will have recorded & logged their flight details and carried out a simple check to see if they are in a Flight Restriction Zone.
If you have concerns, you need to call the police on 101, otherwise politely approach the operator and ask them.
The pilot should not really engage in conversation whilst the aircraft is in flight. He should ask you to wait whilst he puts the drone in a safe manner (lands) and then he can continue with the conversation.
Do not dive in and ask. ‘Do you have a licence to fly that…?’ unless you are completely au-fait with the current regulations. When the operator states, “I don’t need a licence” make sure you have the knowledge to counter it, otherwise he’ll follow it up with, ‘it’s a sub 250g drone flying in G class airspace, without any restrictions and is 50m away from people’...
A Bit of Case Law
Illegal Fox Hunting 2019
Back in 2019, an illegal fox hunt by the Tickham Hunt in Kent was filmed by a campaigner and hunt saboteur. The hunt terriermen were seen digging out a fox when one of them fired a shotgun at the drone causing it damage. The video from the drone showed what happened and the police arrested him and he was charged of suspicion of criminal damage and possession of a firearm with intent.
You can see a copy of the video here.
Mr Michael Edwards
An estate agent was filming a property in Cirencester in August 2023 when Mr Edwards decided to shoot it down with an air pistol as it flew over his property. He also physically attacked the estate agent who called the police.
Edwards was charged with possessing a firearm in public and pleaded guilty, he also pleaded guilty to the lesser offense of unlawful possession. He received a 12 months community service order, a four month curfew from 7pm to 7am wearing a GPS tag, and was ordered to pay £2,000 damages and £1,000 for distress to the estate agent.
You can see a copy of the video here. https://www.bbc.co.uk/news/uk-england-gloucestershire-65423070
Police Powers
The Police have certain powers under Part 3 of the Air Traffic Management & Unmanned Aircraft Act 2021. If they think a drone could be connected to an offence, they can:
· Make you land your drone.
· Stop and search you (or your vehicle) to look for drones (or drone equipment) and confiscate them.
If you are reported to the Police and they attend. What should you do?
Land your drone, you cannot engage with officers whilst it is in the air. Tell them this is what you are doing. Have to hand:
· The drone displaying your Operator ID.
· Your Flyer ID Card.
· Any qualification certificates.
· Your flying log.
· Any documented permissions (Air Traffic Control, Clients etc).
· Insurance (if commercial).
Not all Police officers understand the legislation but if it applies to the complaint, politely remind them of:
· Criminal Damage Act 1971, Sections 1 & 2.
· Air Navigation Order 2016, Section 240.
· Firearms Act 1968.
· CAA Rules on Airspace.
Fly Safe
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