{
  "url": "https://openlegislation.uk/draft-unmanned-aircraft-offences-and-consequential-amendments-regulations-2025/regulation-3",
  "json_url": "https://openlegislation.uk/draft-unmanned-aircraft-offences-and-consequential-amendments-regulations-2025/regulation-3.json",
  "legislation": "ukdsi/2025/9780348275797",
  "legislation_title": "The Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-unmanned-aircraft-offences-and-consequential-amendments-regulations-2025",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Contravention of the UK Implementing Regulation - remote pilot",
  "text": "(1) A remote pilot must not fly an unmanned aircraft unless—\n(a) at the time of take-off, the remote pilot reasonably holds the view that the requirements in Article 4(1) of, and Part A of the Annex to, the UK Implementing Regulation will be met in respect of the planned flight (an ‘open’ category flight);\n(b) at the time of the flight, one of the following is valid for the flight (a ‘specific’ category flight)—\n(i) an operational authorisation issued to the UAS operator under Article 12 of the UK Implementing Regulation;\n(ii) a LUC with appropriate privileges granted to the UAS operator in accordance with point UAS.LUC.060 of Part C of the Annex to that Regulation;\n(iii) an authorisation issued in accordance with Article 16 of that Regulation, or\n(c) the UAS and the UAS operator have been certified as required by Article 6(1) or (2) of the UK Implementing Regulation (a ‘certified’ category flight).\n(2) A remote pilot who contravenes paragraph (1) in relation to a flight, and who was not also the UAS operator in relation to that flight, is guilty of an offence.\n(3) A remote pilot who contravenes a relevant requirement imposed in the UK Implementing Regulation is guilty of an offence.\n(4) For the purposes of paragraphs (1)(a) and (3), a requirement in any provision of the UK Implementing Regulation is to be read together with any other provision of that Regulation that contains any exception, derogation or qualification relating to that requirement.\n(5) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(a) is a requirement in any of the following provisions of Part A of the Annex to the UK Implementing Regulation—\n(a) point UAS.OPEN.010(2) (maximum operating height);\n(b) point UAS.OPEN.060(1)(a), insofar as it relates to having the appropriate competency in the intended subcategory of flight;\n(c) point UAS.OPEN.060(1)(a), insofar as it relates to carrying proof of competency;\n(d) point UAS.OPEN.060(1)(d) (certain safety checks);\n(e) point UAS.OPEN.060(1)(e) (MTOM check);\n(f) point UAS.OPEN.060(2)(a) (fitness to fly);\n(g) point UAS.OPEN.060(2)(b), insofar as it requires the remote pilot to keep the unmanned aircraft in visual line of sight;\n(h) point UAS.OPEN.060(2)(b), insofar as it relates to discontinuing the flight in certain circumstances;\n(i) point UAS.OPEN.060(2)(c) (airspace restrictions);\n(j) point UAS.OPEN.060(3) (flights close to emergency response).\n(6) For the purposes of paragraph (3), in the case of a flight conducted in the circumstances referred to in paragraph (1)(a) with a UAS of a kind specified in a provision of the UK Implementing Regulation listed in column 1 of Table 1 below, a “relevant requirement” also includes a requirement imposed in a provision of that Regulation specified in column 2 of that table (where “point” refers to a point in the Annex to that Regulation).\nTable 1\nProvision specifying the kind of UAS\nProvision containing “relevant requirements”\nPoint UAS.OPEN.020(5)(za), (zb), (a), (c) or (d)\nPoint UAS.OPEN.020(2)\nPoint UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot does not intend to comply with points UAS.OPEN.040(A1), (1), (2) and (2A)\nPoint UAS.OPEN.030(1)\nPoint UAS.OPEN.030(3)(b)\nPoint UAS.OPEN.030(1A)\nPoint UAS.OPEN.040(4)(c) if, at the time of take-off, the remote pilot intends to comply with points UAS.OPEN.040(A1), (1), (2) and (2A)\nPoint UAS.OPEN.040(A1), (1), (2) and (2A)\nPoint UAS.OPEN.040(4)(za), (a), (d) or (e)\nPoint UAS.OPEN.040(A1), (1), (2) and (2A)\n(7) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(i) or (ii) is a requirement in any of the following provisions of Part B of the Annex to the UK Implementing Regulation—\n(a) point UAS.SPEC.060(1)(a) (fitness to fly);\n(b) point UAS.SPEC.060(1)(b), insofar as it relates to having the appropriate competency;\n(c) point UAS.SPEC.060(1)(b), insofar as it relates to carrying proof of competency;\n(d) point UAS.SPEC.060(2)(c) (certain safety checks);\n(e) point UAS.SPEC.060(3)(a) (authorised limitations and conditions);\n(f) point UAS.SPEC.060(3)(b) (risk avoidance);\n(g) point UAS.SPEC.060(3)(c) (airspace restrictions);\n(h) point UAS.SPEC.060(3)(d) (operator’s procedures);\n(i) point UAS.SPEC.060(3)(e) (flights close to emergency response).\n(8) For the purposes of paragraph (3), a “relevant requirement” in relation to a flight conducted in the circumstances referred to in paragraph (1)(b)(iii) is any condition of a kind referred to in Article 16(3) of the UK Implementing Regulation that is imposed on the remote pilot in the authorisation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348275797/regulation/3",
    "retrieved_at": "2026-10-30T14:38:31.441896+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}