Legal Update
The Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 are in force from 1 January 2026. These Regulations set out criminal offences and penalties for breaching regulatory requirements relating to the operation of unmanned aircraft (which includes drones and model aircraft), as set out in the Commission Implementing Regulation (EU) 2019/947 (the Implementing Regulation) on the rules and procedures for the operation of unmanned aircraft.
The offences in these Regulations largely replicate and replace the offences that were set out in sections 265A, 265B and 265C of the Air Navigation Order 2016 (ANO 16), which are now repealed (note, the offences remain available on PNLD for offences that took place up to 31st December 2025).
Regulations 2 and 3 create offences where a UAS operator causes or permits an unmanned aircraft to be flown in a manner that would breach the Implementing Regulation (regulation 2) and where a remote pilot flies an unmanned aircraft in breach of the Implementing Regulation (regulation 3) Both regulations also create further offences of breaching specific relevant requirements within the Implementing Regulation.
Regulation 4 makes it an offence for the owner of an unmanned aircraft in the certified category to cause or permit that aircraft to be flown without first being registered.
Regulation 5 sets out the penalties for each criminal offence.
Regulation 6 provides for the liability of directors and other officers where an offence is committed by a body corporate.
Regulation 7 sets out a defence to the offences, where an act or omission was due to any cause not avoidable by exercise of reasonable care.
Regulation 8 provides that the offences have effect subject to Schedule 10 to the Air Traffic and Unmanned Aircraft Act 2021 (fixed penalties for certain offences relating to unmanned aircraft).
Offence documents relating to the above regulations are currently in progress and will be added to PNLD shortly.
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