UK Height Restrictions

Dilly Joat · Jul 13, 2017

I am hoping someone can clear up my confusion over the maximum height I can fly to. I had thought based on CAA Drone Code that the max height was 400 feet. However I have just been reading an exemption that CAA has provided for FPV flights with a competent observer to maintain VLOS. in ORS4 No.1226 General Exemption E4457 is the line
4) The person in charge must not fly the SUA:
...
c) at a height of more than 1,000 feet above the surface (see Note 3);
Note 3 just restates UAV must still be within VLOS.

Can anyone clarify for me which, if any, height restriction is the actual law. Not that I want to try for 1000 feet up - with my aging eyesight 400 feet is plenty

FlushVision · Jul 13, 2017

Dilly Joat said:
I am hoping someone can clear up my confusion over the maximum height I can fly to. I had thought based on CAA Drone Code that the max height was 400 feet. However I have just been reading an exemption that CAA has provided for FPV flights with a competent observer to maintain VLOS. in ORS4 No.1226 General Exemption E4457 is the line
4) The person in charge must not fly the SUA:
...
c) at a height of more than 1,000 feet above the surface (see Note 3);
Note 3 just restates UAV must still be within VLOS.

Can anyone clarify for me which, if any, height restriction is the actual law. Not that I want to try for 1000 feet up - with my aging eyesight 400 feet is plenty

The following is what I believe to be the case.

A Standard PfCO holder is limited to 400 feet and within line of sight. A Standard PfCO can be varied to a non-standard PfCO on the submission and approval of a safety case to the CAA. For examples, night time flying; flying above 400 feet with an observer. Note that the CAA is unlikely to give a higher than 400 feet exemption to anyone who does not have an observer.

For the hobby flyer there is no height restriction (as far as I'm aware): The 400 feet is an advisory. However, there is still the requirement to be in VLOS. What this means is that although you are not technically breaking any law going over 400 feet the fact that you must still have the aircraft in VLOS means that a court will likely call foul if you fly much above 400 feet claiming that you don't have adequate VLOS.

In my experience, I have sometimes had difficulty maintaining VLOS at heights far less than 400 feet depending on the light conditions. Its the same with the 500m horizontal rule.The law says that you can fly up to 500m out with VLOS but (with the TH) I have difficulty keeping LOS at distances more than 400m.

So, It's all about VLOS. We have these height and distance rules but maintaining VLOS is paramount: If, on a particular day, you start to lose VLOS at 350 feet height...then that's your height limit.

Dilly Joat · Jul 14, 2017

Thanks, FlushVision, that makes it a bit clearer. I am a hobby flyer only and only fly VLOS anyway. In clear air, I have flown to about 450 feet which is my eyesight limit, maybe younger flyers can do better!

FlushVision · Jul 14, 2017

Dilly Joat said:
Thanks, FlushVision, that makes it a bit clearer. I am a hobby flyer only and only fly VLOS anyway. In clear air, I have flown to about 450 feet which is my eyesight limit, maybe younger flyers can do better!

In the early days when I first started flying multi-rotors, and was a bit ignorant of the law, I would think nothing of flying well above 400 feet and often had to rely on what the screen was showing me. As I became more experienced and more knowledgeable about the law I became a lot more careful and quickly realised that I was getting far better shots from the camera at lower levels to the point that I became more likely to fly sub 200 feet than above. Now, for me, I see nothing to be gained by flying above 400 feet...but that's just me.

In the USA a UAV flyer can legally fly to greater heights if he/she is next to, or above, a building or structure so that if the structure is 400 feet high he can fly up to 800 feet. That would be good for the U.K., but our laws don't allow it. For the standard PfCO holder it's 400 feet above the ground where the pilot is standing which means that if he is in a valley he can't fly 400 feet above the hill he is standing next to. On the other hand, if he is standing on top of the hill and the valley floor is, say, 400 feet below him, then he can effectively fly 800 feet above the valley floor because his height limit is 400 feet above the ground level he is actually standing on.

Tuna · Jul 14, 2017

The exemption is about flying an FPV machine rather than generic drone. If you're flying FPV with a competent spotter, the higher value applies.

However the clause that "[The observer].. is competent, by direct unaided visual observation of the SUA, to assist and advise the person in charge with the safe conduct of the flight." means that you could still be prosecuted below 1000ft if they thought your spotter couldn't give useful feedback at that height.

Unless you're flying a modified Typhoon, this obviously doesn't apply.

AH-1G · Jul 14, 2017

Tuna said:
The exemption is about flying an FPV machine rather than generic drone. If you're flying FPV with a competent spotter, the higher value applies.

However the clause that "[The observer].. is competent, by direct unaided visual observation of the SUA, to assist and advise the person in charge with the safe conduct of the flight." means that you could still be prosecuted below 1000ft if they thought your spotter couldn't give useful feedback at that height.

Unless you're flying a modified Typhoon, this obviously doesn't apply.

Can spotter use binoculars?