UK Drone Open Category: Transitional Provisions Extended; Class Marks Removed

• Announcement on extension of UK Open Category provisions and also update on EU class markings;

• The Transitional and Legacy provisions in the Open Category in the UK will now be extended to 1 January 2026;

• Automatic recognition of class marks issued within the EU, as equivalent to UK Class marks, will be removed from 23 December 2022.

Following the UK Civil Aviation Authority’s (CAA) consultation on whether to extend the Legacy and Transitional provisions for drones operating in the Open Category, and after a formal decision from the Department for Transport (DfT), it has been decided that the current Transitional and Legacy provisions will now be extended to 1 January 2026.

This time will allow for the CAA and DfT to conduct a review of regulations for unmanned aircraft, including the Open Category to ensure it is properly regulated in a way that is fit for purpose for the UK prior to 2026.

This means that pilots flying transitional drones - ie drones placed on the market before January 1st 2026 - can continue to enjoy the benefits of the current rules for longer, beyond the previously planned deadline of December 31, 2022.

It is particularly beneficial for pilots of drones such as the DJI Mavic 3 and Mavic 2 Series, who can still fly under the more lenient Transitional provisions in the A2 subcategory with an A2 CofC, instead of under more stringent criteria of the A3 subcategory.

In turn, this extends the longevity of current drones on the market, providing greater operational freedom for a longer length of time.

Alongside this, the automatic recognition of class marks issued within the EU, as equivalent to UK Class marks, have been removed from drone operation guidance. This is subject to a regulatory review to be conducted by the DfT and the CAA in due course.

It means that UAS which are marked with a class mark (ie the DJI Mavic 3 Series which as a C1 rating), in accordance with the European version of this regulation, are not recognised in the UK as being class marked, and must be flown under the other Open Category provisions (i.e. Transitional, Legacy or non-class marked).

This is because there are currently no designated standards, Market Surveillance Authority, or conformance assessment bodies established in the UK under UK Regulation (EU) 2019/945, so it is currently not possible for manufacturers to comply with the UK class marking requirements of this regulation.

Any UAS operated within the Open Category, regardless of whether it holds a class mark issued in the EU, should be flown to the ‘non-class mark’ Open Category limitations and conditions.

As a result of extending the Transitional and Legacy arrangements from 1st January 2023 to 1st January 2026, there is little impact to most Open Category operators, who may continue to operate within these existing provisions.

The table of operational requirements within the Open Category is below.

The CAA is working with the Department for Transport to review the UAS regulatory framework, in particular the Open Category, to ensure that it continues to be safe, proportionate and fit for purpose for the UK.

Holders of an A2 Certificate of Competence that references Transition and Legacy period dates of 31st December 2022 may continue to use these privileges until either the expiry date of the certificate, or the end of the new transition/legacy period (on 1st January 2026) - whichever is sooner. A re-issue of the certificate is not required.

CAP 722 has been updated to reflect the new situation.