UK Law help / advice

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I understand that as a hobby flyer i cannot use my drone to make money, now my wife works for a private school in marketing and they have a drone for aerial photography, they don't sell the photos but they do use them for the school website and literature, which in theory is used to generate income. So my question is are they allowed or do they need to be licensed.
 
As I understand the regulations, an unlicensed operator cannot accept payment for taking aerial shots or film. What the recipients of the aerial shots do with the finished product has nothing to do with the operator.

Here is a summary of UK CAA rulings :-

Provided the aircraft has a mass of 20 kg or less, the current regulations state:-

1. The operation must not endanger anyone or anything.

2. The aircraft must be kept within the visual line of sight (normally taken to be within 500 m horizontally and 400 ft vertically) of its remote pilot (i.e. the ‘person in charge’ of it). Operations beyond these distances must be approved by the CAA (the basic premise being for the operator to prove that he/she can do this safely).

3. Small unmanned aircraft (irrespective of their mass) that are being used for surveillance purposes are subject to tighter restrictions with regard to the minimum distances that you can fly near people or properties that are not under your control. If you wish to fly within these minima, permission is required from the CAA before operations are commenced.

4. CAA permission is also required for all flights that are being conducted for aerial work (i.e. in very simple terms, you are getting paid for doing it). Under current CAA rules it is not permissible to operate a Quadcopter for 'hire or reward' unless you are a commercial operator. If you want to take a video of your house and put it on U-tube, that’s fine, and if something happens near you that you think is newsworthy and you think it will be 'cool' to rush out and get some aerial shots to send to the BBC and expect payment you will be out of luck.

As well as the above,

Careful note should be taken that the collection of images of identifiable individuals, even inadvertently, when using surveillance cameras mounted on a small unmanned surveillance aircraft, will be subject to the Data Protection Act. As this Act contains requirements concerning the collection, storage and use of such images, Small Unmanned Aircraft operators should ensure that they are complying with any such applicable requirements or exemptions.

Further information about the Data Protection Act and the circumstances in which it applies can be obtained from the Information Commissioner’s Office and website:


http://www.ico.org.uk

Just so you know. Its nice to know where the mines are BEFORE you walk into the minefield.

Good luck.
 
Last edited:
Thanks, interesting as rule 4 seems to start saying no you cant but makes it vague by stating the non payment.
 
License required (my opinion).
1. The drone sounds like it is owned by the school.
2. It is being flown by a school employee (if he is doing it on the clock or is being compensated or directly benefits somehow if after hours)
3. The product of the flight is being used to benefit a commercial venture.

So might be 2 issues here... The pilot should be licensed and the school should have a license for the flight.

I'm not from the UK, just applying knowledge from the US and Canada. I would be most worried that the school's insurance would not cover an accident if the pilot is unlicensed and no permit was issued for the flight.
 
Here’s something to think of - if , while you are having fun with your new aircraft and you accidentally hit and cause damage to a person or to property, are you rich enough to pay for the medical expenses and any other damages that your aircraft has caused? Can you meet all the necessary legal fees incurred? Or is it a case of “Oooops. Sorry your honour – I was not aware that insurance would be needed”.


People have lost their homes and businesses to pay compensation to injured parties in the past which shows you how serious this can get, so don’t be stupid and fly it near people – Ignorance is NO defence.

To protect yourself in the case of an accident, insurance is a good idea. e.g. (BFMA) British Flying Model Association (UK). Click on the link to view their web site :-

British Model Flying Association

It costs £32 at the time of writing.

The next thing to do is join a flying club to learn the ropes. Its more than likely there will be members only too glad to help out with advice.
 
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What I suggest is this.

* fly at weekend and take pics
* you got permission to fly there
* take pics of school for hobby
* ask if the headmaster wants pic
* you now got a pic legally as you got permission.

it was flown as you are a hobbyist, it's not illegal to give your pics to someone And it's not illegal for the other person to say "thanks, let me treat you". Then whatever they do with the pic... Well that's up to them as it's their pic now.

Did you advertise and send out flyers? NO

is their a contract of you getting paid to take pics?
NO

in that case.... Your not working. Just taking pics, passing it on as you have permission. [emoji6]

Yep.... Sweet F. A they can do about that. Nice loophole I might add [emoji6]

Neon Euc
 
What I suggest is this.

* fly at weekend and take pics
* you got permission to fly there
* take pics of school for hobby
* ask if the headmaster wants pic
* you now got a pic legally as you got permission.

it was flown as you are a hobbyist, it's not illegal to give your pics to someone And it's not illegal for the other person to say "thanks, let me treat you". Then whatever they do with the pic... Well that's up to them as it's their pic now.

Did you advertise and send out flyers? NO

is their a contract of you getting paid to take pics?
NO

in that case.... Your not working. Just taking pics, passing it on as you have permission. [emoji6]

Yep.... Sweet F. A they can do about that. Nice loophole I might add [emoji6]

Neon Euc


NICE, although the authorities might find a loophole to counter your loophole in which case you have to counter with a loophole loophole, so I hope you have a counter counter loophole ready prepared.:D

You make a good point though, and having said that I have been 'treated' to many eggs after photographing farms and diesel fuel straight out of a can. It was a funny colour though but it worked okay.
 
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Here’s something to think of - if , while you are having fun with your new aircraft and you accidentally hit and cause damage to a person or to property, are you rich enough to pay for the medical expenses and any other damages that your aircraft has caused? Can you meet all the necessary legal fees incurred? Or is it a case of “Oooops. Sorry your honour – I was not aware that insurance would be needed”.


People have lost their homes and businesses to pay compensation to injured parties in the past which shows you how serious this can get, so don’t be stupid and fly it near people – Ignorance is NO defence.

To protect yourself in the case of an accident, insurance is a good idea. e.g. (BFMA) British Flying Model Association (UK). Click on the link to view their web site :-

British Model Flying Association

It costs £32 at the time of writing.

The next thing to do is join a flying club to learn the ropes. Its more than likely there will be members only too glad to help out with advice.


Did you read my question, i as a hobbiest am already a member of BMFA, i was asking about the drone used at my wifes school who use it to take pictures at school for the school website.
 
What I suggest is this.

* fly at weekend and take pics
* you got permission to fly there
* take pics of school for hobby
* ask if the headmaster wants pic
* you now got a pic legally as you got permission.

it was flown as you are a hobbyist, it's not illegal to give your pics to someone And it's not illegal for the other person to say "thanks, let me treat you". Then whatever they do with the pic... Well that's up to them as it's their pic now.

Did you advertise and send out flyers? NO

is their a contract of you getting paid to take pics?
NO

in that case.... Your not working. Just taking pics, passing it on as you have permission. [emoji6]

Yep.... Sweet F. A they can do about that. Nice loophole I might add [emoji6]

Neon Euc
Please read the first post again
 
Please read the first post again

I was answering your post 6 to try to help since you said that you had not thought of insurance. If something happens where you cause damage to a building or people, you are covered by the policy.

You didnt state that you were BFMA insured until post 10 so I fail to see your point.

However, I hope I have helped you somehow.

I hope it all goes well.
 
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I was asking about the school drone, nothing to do with mine as for insurance i hadn't thought about whether the school had insurance.
 
Ah - my mistake. :( Detention for me maybe. Write out 100 times 'I must learn to read posts properly'

Hope all goes well though.

They should have insurance though.
 

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