long, long road through beautiful landscape of northern Ireland
Commodity watch by Chris Osborne, UFU senior policy officer
The use of drones is now very common in Northern Ireland and the Ulster Farmers’ Union has received a number of calls from concerned members regarding them being flown over their farms, and are interested to know what guidance is in place for their use.
What is a drone?
A drone is the common name used for Unmanned Aircraft System (UAS). This small aircraft can be flown remotely by various types of controls, or autonomously using computer software. The majority of drones flown outdoors now come with camera technology, which is stored on an on-board SD card, or transmitted to a smart device and here-in lies our members concerns.
Who can own/fly a drone?
From October 2019, registration has been required by any person who controls or flies a drone outdoors. On 31 December 2020, there were updates in the Air Navigation Order 2016, which included updates for age restrictions and registration of drone operators (owners) and drone pilots.
There is no minimum age for flying a drone. However, in order to register as an operator you must be 18 years old, therefore, if under this age, you will require your parent, guardian or a responsible adult to register your drone and provide a registration number to display on the drone. If you are under 13 years, you will require an adult to be present with you when you register and take the test for a flyer ID. Any drone you purchase should have a CE marking to show compliance with minimum safety requirements.
If a drone has a camera (unless it is a toy), then owners need to register as an operator with the Civil Aviation Authority (CAA). Anyone flying a drone 250g or more, needs to pass a test and receive a flyer ID from the CAA (which needs to be updated every five years).
Guidance on use of a drone
Note that the PSNI has issued guidance ‘Unmanned Aircraft Systems – Drones’
Whilst flying a drone, it is important that they are not posing a risk to any other aircraft or people.
It is always the pilot’s responsibility to ensure the drone is being flown safely and within the law, within the limits of the operating category they are flying in.
Where can a drone be flown?
It is very clear where you must not fly a drone:
- Near any airfield, airport or other aircraft
- Over large assemblies of people
- In any way that may cause a danger to people or property
- Depending on the weight of the drone, within 50m of uninvolved people or property
- Fly beyond sight or behind obstructions
- Above 400 ft (120m)
- If there are any problems with the drone
Someone is flying a drone low over my land – what should I do?
Regulations require the drone to be within visual line of sight from the operator, so the operator should be nearby. If they can be located, the best practice is to ask them to stop in a civil manner
If the operator cannot be located, then photographic or video evidence will be useful when reporting the incident.
Does the operator of the drone need my permission to take off from my land or to retrieve their drone from my land?
The operator should seek your permission to allow the drone to take off from (and touch back down on) your land. Their failure to obtain your permission could result in a trespass. It should however be noted, that your permission is not required to fly over your land, unless the pilot intends to fly very low.
If the drone crashes or makes an emergency landing on your land, the operator or anyone else wanting to recover it, must have your permission to come onto your land to retrieve the drone. You should not refuse to give the drone back to its owner simply because it has landed on your property without your consent.
Who should I report drone misuse to?
Report of drone misuse should generally be reported to the police on telephone number 101. However, if criminal activity is suspected, then the police should be contacted on 999. If possible, try and get photographic or videographic evidence of the drone to provide evidence to the police.
Who should I report any dangerous incidents or near misses to?
Any near miss or serious incident involving a drone must be reported to the CAA.
A serious incident includes anything that did, or could have, put any of the following in danger:
