Circular Loiter/Orbit under Article 16

I’ve been sponging the UK flying topics for a bit and from what I understand I’m not allowed to use flying modes that move the aircraft in space without the operator’s intention and control (i.e. sticks). There is however an exeption for RTH/RTL mode in emergencies such as radio malfunction and stationary modes for hovering aircraft.

Assuming I got it right, is anyone aware what is the CAA’s stance on automated circling (orbit) in emergency conditions? I.e. if I encounter some issue and need to put a fixed wing aircraft in loiter for few moments while still not losing track of it and maintaining VLoS, am I allowed to do that? Example scenarios: swapping batteries on controller, wasp is trying to sting me, a policeman demands my immediate attention etc.

Happy to be corrected, but my understanding of the CAA’s stance in such situations is that you are the pilot, and are therefore entitled in emergency to take any action you consider necessary to maintain safety for yourself and members of the public, so, yes, you would (I reckon) be allowed to put the aircraft into an automated orbiting holding pattern if a wasp is trying to sting you.

Battery changing should be foreseen and allowed for in your flight planning, so that situation should not arise. Neither should a policeman be demanding your immedieate attention while your are flying your drone; in an ideal world he would know that distracting a pilot while he is flying an aircraft (and, don’t forget the CAA regard you as a pilot and your drone as an aircraft) is against the law. He has to wait until you’ve landed the aircraft.

With a quadcopter of course all these scenarios could be dealt with by simply putting the drone into a hover while you deal with the wasp/policeman. You have to land to change batteries anyway…

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I think you might need to do a fact check. I was going to pick it apart for you but not enough coffee or patience yet.

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You got a link to that information

No not under A16

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From a skim read of the Air Navigation Order, it doesn’t exist (maybe it’s buried somewhere in there but I don’t have a few hours to spare and I’m not a legal expert)

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Article 240 of the Air Navigation Order 2016 does NOT apply to the flying of drones. “A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft”. That’s because 'small unmanned aircraft are exempted from the provisions of Regulation 240 by those of Regulation 23. So distracting a drone operator in a way that results in damage to his drone alone is NOT a criminal offence.

However Regulation 23 does NOT exempt ‘small unmanned aircraft’ from the provisions of Article 240, which therefore DOES apply to drone operation: “A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property”.

So someone who ‘recklessly or negligently’ distracts a drone operator in a way that subsequently endangers people or property IS guilty of a criminal offence.

Civil liability is, of course, a separate matter. Anyone whose actions result in damage to someone else’s property, or to their person, can be required to pay compensation.

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Hmm, so assuming I am flying alone and a police comes up to talk and distract me, what is the correct course of action? From the replies it would seem hitting RTH/RTL is the only option under Article 16.

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Or land it manually

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This guidance has been produced in association with the National Police
Chiefs’ Council Counter Drone Unit. Might be worth printing off a copy

POLICE LEAFLET.pdf (116.4 KB)

Cheers for that, might be handy for some.

Me?
“Aye nae bother officer, just give me a minute to bring her in and land”

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I’d rather see the NPCC putting out their own info directly to the public than a third party creaming free advertising off it.

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I thought that the correct action in an emergency is to land immediately (but safely), that’s the reason FPVUK has an emergency landing in their practical flying test.

Yes, but for a fixed wing there is no way to do an “immediate” landing on the spot and it will take minutes even if you don’t end up doing a go-around.

There’s a QR code to the official police guidance on the page.
It’s 6 pages long. I would rather have an abridged version, and to be honest after having had to deal with several jobsworth PCSOs, it has been worth it.

Which I think is what I was getting at. Damage to or loss of the drone is my problem, but injuries or damage to third parties caused by my being distracted by bystandes, police, or Karen, is covered by the law. The law is a huge and constantly changing subject, and it is not reasonable to expect every copper to be fully conversant with it.

The OP has a fixed wing UAV and cannot easily or quickly land or hover like a quad drone pilot can. RTH/RTL has been suggested as a default action if you are distracted by wasp, the 5-0, or Karen, and is probably what I’d do, especially if batteries were getting low, but there is no requirement for any drone to be fitted with this feature, and situations may well occur in which the drone has to be safely manually landed, and the efficacy of this is dependent on the patience of the distracting person, who may well feel within his/her rights to engage you in a conversation and react unfavourably to being asked to wait while you land.

Most of us, and I’m sure all of us here, do our best to fly within the regulations, and these seem simple enough when you read the CAA’s Drone Code (which specifies you as the pilot of an aircraft), But questions like this are valid and show that the nitty-gritty of some situations is not simple at all! The details of legal requirments and obligations are confusing and not always easy to research; I will continue to learn what I can and try not to forget it, and to fly as safely and legitimately as I am able.

I am a law abiding person by nature, and believe that law and order are essential components of a functioning society; I believe very strongly in society and regard myself a broadly small s socialist in consequence. But I am probably breaking all sorts of laws and by-laws at this moment, while being completely unaware of the fact! I can only do my best, and sometimes that’s not as good as I’d like to think it is…

Oh gawd, I’ve just seen the bottom lines of that PDF… I’m surprised it wasn’t longer in content