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UK New Air Navigation Order 2016

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The new UK Air Navigation Order (ANO) 2016 comes into effect on 25 Aug 16. A Information Notice (2016-073) advises of changes affecting Small Unmanned Aircraft operators. Most are reference changes but there is a change to the definition of Aerial Work renamed Commercial Operation. The key paras are:

3.1 .... ‘Commercial operation’ is given the following meaning within article 7:

“...any operation of an aircraft other than for public transport—

(a) which is available to the public; or

(b) which, when not made available to the public, 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.”

3.2 The intent of this meaning is exactly the same as the previous intent of ‘aerial work’. The key elements in understanding this term are ‘...any operation of an aircraft...in return for remuneration or other valuable consideration’.

3.3 The term ‘available to the public’ within article 7 should be interpreted as being a service or commodity that any member of the public can make use of, or actively choose to use, (e.g. because it has been advertised or offered to someone).

I am sure there will be some debate as to whether the new wording has the same meaning as previously. Does 'available to the public' make all publishing to Facebook (inter alia) a commercial operation.
 
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