Technology
Confusion over drone rules leaves farmers facing fines
• Many farmers oſt en lack insurance • Uncertainties over legal obligations • Drones increasingly used on farms
F
armers could face fi nes running into thousands of pounds because of confu- sion over the rules for commer- cial use of drones. “As the potential for drones to be used for more tasks in modern agriculture increases, we are get- ting many enquiries from farm- ers about insurance and their le- gal position,” said Charlie Yorke, NFU Mutual farm technology spe- cialist. “It’s worrying that some farm- ers buying a drone don’t realise that there are laws which have to be observed when fl ying them. This includes specifi c insurance cover, and consideration when they are receiving money for fl y- ing their drone as a service to oth- er farmers.”
NFU Mutual has worked with
the Civil Aviation Authority, rural police forces, and specialist agri- cultural providers to produce new guidance to help farmers better understand the rules on drone use and provide insurance to meet farmers’ needs.
Avoiding penalties Mr Yorke said: “As drones use be- comes more common in farming it is increasingly important that operators know the laws on licens- ing, insurance and safe operation to avoid accidents and penalties for infringing regulations.” A farmer surveying their own crops with a view to alter how they would manage the crops – either by spraying or cultivating – would be classed as a non-recreational fl ight rather than a commercial operation, said Mr Yorke. “Insurance is required – to cov- er the third party liability risks – but a permission for commercial operations is not needed,” he ex- plained.
But if the farmer charged his neighbour to survey his neigh- bour’s crops, then this would be classed as a commercial operation,
“
There are laws which have to be observed when fl ying drones
Guidance steers path through legislation
• Drones used for non- recreational purposes, such as a farmer surveying his own land, must be insured for third party liability in accordance with regulation EC 785/2004 • Drones used entirely for non-commercial purposes may be insured under a home and contents policy - but it is essential to check the position with your insurer beforehand. • Drones used for commercial purposes require a specifi c permission to be issued by the Civil Aviation Authoritiy. Adequate insurance is a prerequisite for any CAA permission • Commercial use of a drone is defi ned as: ‘any
This would mean that the relevant permission should be sought and commercial insurance obtained. It has been illegal to fl y a drone above 400ft or within 1km of an airport since last July. But the government recently announced plans to extend the exclusion zone
fl ight by a small unmanned aircraft except a fl ight for public transport, or any operation of any other aircraft except an operation for public transport (a) which is available to the public; or (b) which, when not made available to be public - (i) in the case of a fl ight by a small unmanned aircraft, is performed under a contract between an operator and a customer, where the latter has no control over the remote pilot; or (ii) in any other case, is performed under a contract between an operator and a customer, where the latter has no control over the operator, in return for remuneration or other valuable consideration.
to 5km – the so-called Air Traffi c Zone around airports – with ex- tensions beyond the end of each runway.
It follows travel chaos last Christmas when some 140,000 passengers saw their holiday plans thrown into turmoil follow- ing multiple reports that drones were being fl own illegally in the vicinity of Gatwick on 19-21 De- cember.
New legislation will give police
offi cers the power to land drones, search premises and seize drones – including electronic data stored within the device – and will re- quire users to produce proper doc- umentation.
Low-down on drones
Drones are increasingly important for managing crops and livestock
Harper Adams University is running a Drones for Farming Conference on Tuesday, 9 April.
www.harper-adams.ac.uk/ events/259/
APRIL 2019 • ANGLIA FARMER 41
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