AMC1 Article 16(1) UAS Operations in the Framework of Model Aircraft Clubs and Associations

CAA ORS9 Decision No. 16

REQUEST BY A MODEL AIRCRAFT CLUB OR ASSOCIATION

An article 16 authorisation will be issued following application from a model aircraft club or association. The application needs to demonstrate to the CAA which parts of the regulation the association wishes to be excluded from, and the proposed scope of the model aircraft operations.

An application should be submitted via the UAS online form, and include a safety case, which outlines why each area of regulatory exclusion is safe, and what mitigations are applied.

An Article 16 authorisation will be issued for a period of 12 months, at which point the association may renew it.

REGISTRATION

An Article 16 authorisation may not exclude UAS Operators from the need to register with the CAA. AMC1 Article 16 (4) sets out the AMC for using the provision within the regulation to register members on their behalf, into the CAA registration system.

LARGE MODEL AIRCRAFT

The operation of large model aircraft is not normally automatically included within the scope of an Article 16 authorisation, and should be requested by the association on application.

An association may permit the operation of a large model aircraft, within the terms of the authorisation, if this has been included within the Article 16 authorisation, however the risk assessment within the Article 16 application will need to identify suitable mitigations. These need to include assessment of the design and construction of the aircraft, and assessment of pilot competence to fly it.

Once the UAS Operator of the large model aircraft holds a suitable certificate confirming the design and construction, and completion of a flight test programme, they may apply to their association for a permit to operate the large model aircraft.

The relevant pilot competence requirement shall be set out within the application for an Article 16 Authorisation, which will need to demonstrate the following:

- Basic flying competence;

- Theoretical knowledge, including regulatory requirements;

- Flying competence on the specific large model aircraft that the RP intends to fly. This should be assessed by the Association.

MODEL AIRCRAFT ASSOCIATION PERMITS

A system of permits may be included within the Article 16 authorisation, to enable the association to permit certain activity, by the association within the scope of the authorisation. The CAA will use this system of permits to allow certain activity to take place, following specific conditions set out within the authorisation, that requires additional oversight from the association.

Examples of such permits include a large model aircraft permit, model aircraft display permit and flight above 400ft permit. Associations should consider implementation of such a scheme, as part of a mitigation within their risk assessment for higher risk activities.

A description of the association procedures that would support such a scheme should be provided to the CAA on application for an Article 16 authorisation. These include:

- Process to assess an application from a club or individual within the association, for a permit

- Process to issue and revoke permits where safe, necessary and appropriate to do so

- Process to carry out suitable and sufficient oversight of activity permitted

FLIGHT ABOVE 400FT

If the association requests an exclusion from the 120m height limit applied in the Open category, then the operation of model aircraft may take place above 120m, either using:

- A ‘standing’ authorisation within the Article 16 authorisation, which allows regular flight above 400ft, within certain conditions. One such condition of this is a mass limit, set out within the article 16 authorisation. This mass limit is usually 7.5kg.

- A permit issued by the association for the routine operation of model aircraft above 400ft at a designated flying club. The association may issue a permit for routine flight above 400ft, to any suitable club which requests it, following successful completion of the association’s process.

- A model aircraft display permit, which may permit flight above 400ft for the purpose of a display event.

MODEL AIRCRAFT FLYING DISPLAYS

A model aircraft flying display is defined as: ‘Any flying activity deliberately performed, by model aircraft, for the purpose of providing an exhibition or entertainment at an advertised event’.

One condition of an Article 16 authorisation, is that a model aircraft flying display being organised within the limits of such an authorisation, is permitted by the association.

Model aircraft flying displays often involve flight of model aircraft above 400ft. There are mechanisms built into the Article 16 process, which may adjust the maximum height of 400ft, specifically for the purpose of a model aircraft flying display:

- For large model aircraft, within the large model aircraft permit; or

- For model aircraft less than 25kg, within the maximum height section of the Article 16 authorisation.

Both of these mechanisms are activated within the model aircraft flying display permit issued by the relevant association.

Operators of model aircraft being flown as part of a full-sized aircraft flying display, should read CAP 403, Chapter 17. These displays are subject to regulatory requirements, and the model aircraft elements of the display must be flown safely, in accordance with the display authorisation and CAP 403, and in accordance with the Article 16 authorisation and any necessary requirement to obtain a permit for the display.

Model aircraft operating in the Open or Specific category are excluded from the scope of ANO Article 86 (Flying Display) regulations, by the provisions of ANO Article 23, however any model aircraft operating as part of a display which is outside the limits of a suitable Article 16 Authorisation, or the Open category limits, must be authorised to do so within the Specific category.

Anyone wishing to undertake a model aircraft flying display should contact their relevant association for further advice. Only an association that is permitted to do so within their Article 16 Authorisation, may issue a permit for a model aircraft flying display.

Operators of any model aircraft operating outside an Article 16 Authorisation, and outside the limits of the Open category, must obtain an OA from the CAA for operating in the Specific category.

An Article 16 application will include within it any requirements relating to model aircraft displays, including the need for suitable risk assessments and the need to obtain any relevant airspace permission (such as FRZ permission from an aerodrome).

Model aircraft associations wishing to establish a risk assessment format for clubs to use as part of a model aircraft display plan, are encouraged to make reference to CAP 403, and SRG1303T.

THIRD COUNTRY OPERATORS WITHIN THE UK

Provisions for issuing an Article 16 Authorisation are made within this regulation, which (in its European form) has been implemented in all EU member states on 31 December 2020. As such, model aircraft operators from overseas may be able to operate in accordance with an Article 16 Authorisation issued by their own authority, within their own member state. Regulation EU 2019/947 (the current European Commission version) sets out within Article 16, paragraph 3, that such an authorisation is limited to the territory of the Member State in which it is issued.

RPs must meet the UK requirement for pilot competence, which is to hold a valid Flyer ID, in addition to any other competence requirement set out within the Article 16 authorisation.

The UK does not recognise UAS Operator registrations in third countries, and so the UAS Operator must comply with the UK registration requirements, set out in Article 14.

Third country model aircraft RPs and operators may operate within the limits of a UK CAA issued Article 16 Authorisation, with agreement from the relevant association. Any such operation must adhere to applicable UK regulations. Advice should be sought from the relevant association in the first instance.

UK OPERATORS IN THIRD COUNTRIES

Any UK RP and operator wishing to operate overseas must comply with the local regulations in place within the destination country. Any UK issued Article 16 Authorisation is only valid for use within the UK, and may not be used in any third country.

Currently no other countries recognise UK issued operator registrations, or pilot competence certificates.