GM1 Article 3 Categories of UAS Operations

CAA ORS9 Decision No. 16

BOUNDARIES BETWEEN THE CATEGORIES OF UAS OPERATIONS

a) Boundary between Open and Specific

A UAS operation is not in the Open category when at least one of the general criteria listed in Article 4 of the UAS Regulation is not met (e.g., when operating beyond visual line of sight (BVLOS)) or when the detailed criteria for a subcategory are not met (e.g. operating a 10 kg UA close to people when subcategory A2 is limited to 4 kg UA).

During the course of a Specific category flight, the UA may be flown in such a manner that it enters the Open category. The RP may not actively decide which category they are flying in, this is purely a function of the operational, and technical characteristics of the operation.

The UAS Operator and RP must comply with the relevant responsibilities throughout the flight at all times. The RP and UAS Operator should comply with the Specific Category requirements, as detailed within the Operational Authorisation, for their operation, throughout the operation.

For example, the requirement to maintain a flying log-book is a requirement of an OA when operating within the Specific category. If a portion of the flight takes place within the Open category, the Remote Pilot is not expected to only log the portion of the flight in the Specific category, they should log the entire flight.

b) Boundary between Specific and Certified

Article 6 of the UK Regulation (EU) 2019/947 and Article 40 of UK Regulation (EU) 2019/945 define the boundary between the Specific and the Certified category. The first article defines the boundary from an operational perspective, while the second one defines the technical characteristics of the UA; they should be read together.

UAS operations must be carried out within the Certified category when they:

- are conducted over assemblies of people with a UA that has characteristic dimensions of 3m or more; or

- involve the transport of people; or

- involve the carriage of dangerous goods that may result in a high risk for third parties in the event of an accident.

In addition, a UAS operation is deemed within the Certified category when, based on the safety risk assessment as detailed in Article 11, the competent authority considers that the safety risk cannot be mitigated adequately without it being operated within the Certified category.