Drone Law | UK SORA | CAA Regulation | AI Governance

Summary: CAA Decision No. 60 marks a significant development in the regulation of Specific category drone operations in the UK. Coming into force on 1 October 2026, it updates the UK SORA framework and introduces clearer expectations around compliance evidence, ground-risk mitigation, containment, kinetic energy analysis and evidence retention. For operators, the message is clear: compliance is no longer just a narrative safety case. It must be evidenced, retained and auditable.

1. Why Decision No. 60 Matters

The UK’s lower airspace is becoming increasingly complex. Beyond Visual Line of Sight operations, drone delivery, infrastructure inspection, emergency services use, autonomous routing and higher-risk commercial UAS activity all require a more mature regulatory framework.

CAA Decision No. 60 updates the Acceptable Means of Compliance and Guidance Material for UK Regulation (EU) 2019/947. In practical terms, it strengthens the UK Specific Operation Risk Assessment, or UK SORA, for operators seeking authorisation in the Specific category.

The legal significance is that UK SORA is becoming a structured assurance methodology. Operators must not merely state that an operation is safe. They must demonstrate that the aircraft, procedures, people, operational volume, ground environment, airspace risks, mitigations and emergency arrangements meet the required level of safety.

2. UK SORA Is Not a Box-Ticking Exercise

UK SORA exists to support the operational risk assessment required for Specific category operations. It considers both ground risk and air risk, then applies mitigations and operational safety objectives according to the Specific Assurance and Integrity Level, or SAIL.

The updated framework is particularly important because it clarifies how operators must gather, present and retain compliance evidence. This is a move away from generalised operational assertions and towards aviation-grade documentation.

3. The Three Compliance Pathways

Decision No. 60 identifies three broad routes for demonstrating compliance.

Operators must also retain compliance evidence for the duration of the operational authorisation and for three years after operations under that authorisation cease. That evidence may become critical in a CAA audit, incident investigation, insurance dispute or civil claim.

4. Ground Risk: What Happens If the Drone Falls?

Ground risk is central to UK SORA. The law is concerned not only with whether the drone can fly, but with what happens if it fails. Decision No. 60 provides more detailed guidance on how operators may reduce ground risk.

5. Kinetic Energy and Penetration Risk

Decision No. 60 gives particular importance to kinetic energy. This matters because it converts safety claims into measurable injury-risk analysis.

Operators should not rely on generic manufacturer statements. They need platform-specific evidence: mass, velocity, terminal impact behaviour, parachute performance, battery fire risk and representative structural analysis.

6. Containment and Fly-Away Risk

Containment is a central pillar of the updated UK SORA framework. It asks whether the unmanned aircraft can be kept within its operational volume and ground risk buffer, even after failure or loss of control.

For lower-risk operations, containment may be assessed qualitatively through design appraisal and procedural evidence. For higher-risk operations, the CAA may expect quantitative probability targets, such as demonstrating that the probability of exiting the relevant volume or buffer is below specified thresholds per flight hour.

Containment evidence may include geo-caging, tethering, independent flight termination systems, lost-link logic, command-and-control resilience, navigation integrity, power-system independence and emergency procedures.

7. EU AI Act and UK AI Standards

Decision No. 60 is not an AI regulation. However, many modern drone operations increasingly rely on AI-enabled functions, including detect-and-avoid, automated route planning, computer vision, landing assistance, ground-person detection, predictive maintenance and autonomous contingency management.

The EU AI Act is relevant as a benchmark for risk management, technical documentation, record-keeping, transparency, human oversight, robustness and cybersecurity. The UK does not currently have a single equivalent UK AI Act. Instead, it follows a sector-led, principles-based model based on safety, security and robustness; transparency and explainability; fairness; accountability and governance; and contestability and redress.

8. Data Protection and Surveillance Risk

Many Specific category operations involve cameras, thermal imaging, mapping payloads or AI-enabled object recognition. UK SORA primarily addresses safety, but operators must also consider privacy, data protection and surveillance risk.

If cameras or AI systems detect uninvolved persons, personal data may be captured, stored or analysed. Operators may need a data protection impact assessment, retention limits, access controls, privacy notices and clear rules on secondary use.

9. What Operators Should Do Before 1 October 2026

Operators should review their safety cases and evidence packs now. In particular, they should check:

• Aircraft mass, speed, kinetic energy and terminal velocity;
• Ground-risk assumptions and population-density evidence;
• Sheltering, operational restriction and observation claims;
• Parachute, flight termination and impact mitigation evidence;
• Containment evidence, including geo-caging and lost-link logic;
• AI-enabled functions, including detect-and-avoid and automated decision-support tools;
• Evidence retention systems;
• Supplier contracts for access to technical data.

10. Bottom Line

CAA Decision No. 60 marks a shift from descriptive drone safety cases to structured assurance. Operators must now be able to prove their safety claims through coherent, retained and auditable evidence.

The most important development is the convergence between aviation safety and AI governance. UK SORA asks whether the drone operation is safe. The EU AI Act and UK AI principles ask whether automated systems are risk-managed, documented, robust, explainable, secure and subject to human oversight. For modern drone operations, those are increasingly the same question.

Compliance is not what the operator says it does. Compliance is what the operator can prove.

About the Author

Richard Ryan is a barrister, Chartered Arbitrator and specialist in drone law, aviation regulation and artificial intelligence. He advises operators, manufacturers and public bodies on UK CAA regulation, UK SORA, BVLOS operations, AI governance and commercial drone operations. He is currently undertaking a PhD at Cranfield University researching the legal framework for autonomous aviation and future airspace integration.

This article is general legal commentary and does not constitute legal advice.

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Drones, Security, and the Law: Understanding the UK’s Counter-Drone Framework

By Richard Ryan, Drone & Counter Drone Lawyer

Drones have transformed industries, from agriculture to filmmaking, offering immense benefits. However, their misuse presents significant risks, including privacy violations, safety hazards, and national security threats. The UK’s legal framework, particularly the Wireless Telegraphy Act 2006, plays a critical role in managing these challenges, especially concerning the use of jamming devices to counter rogue drones.

Recent incidents, such as drone sightings near US airbases in Suffolk and Norfolk, underscore the importance of understanding these laws and their practical applications. Let’s delve into the Wireless Telegraphy Act 2006, licensing requirements, and how this legislation shapes counter-drone strategies.
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The Wireless Telegraphy Act 2006: A Legal Cornerstone

The Wireless Telegraphy Act 2006 regulates the use of wireless equipment in the UK, including jamming devices designed to neutralise drones by disrupting their communication signals. It ensures the responsible use of the electromagnetic spectrum to prevent harmful interference with critical communications, including emergency services and air traffic control.
General Prohibition on Jamming Without a Licence

Section 8(1) of the Act states:
It is unlawful—
(a) to establish or use a wireless telegraphy station, or
(b) to install or use wireless telegraphy apparatus,
except under and in accordance with a licence (a “wireless telegraphy licence”) granted under this section by Ofcom.
This provision creates a blanket prohibition on jamming devices unless explicitly authorised by Ofcom, the UK’s communications regulator.

Why Is Jamming Restricted?
The restrictions exist to:
1. Minimise Interference: Prevent disruptions to essential networks, including emergency services, air traffic control, and legitimate drone operators.
2. Ensure Safety: Avoid unintended consequences, such as causing drones to crash, endangering lives or property.
3. Protect Spectrum Integrity: Maintain efficient use of the electromagnetic spectrum, preventing technical issues caused by unauthorised interference.
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Licensing and Exemptions: The Path to Legal Use

Licensing Requirements
To use jamming technology legally, a licence from Ofcom is mandatory. Licences are typically granted only to:
• Law Enforcement Agencies: For public safety operations.
• The Military: For national defence and counter-terrorism efforts.
• High-Risk Sectors: Airports, energy plants, or critical infrastructure sites under strict regulatory oversight.

No Blanket Exemptions
Section 8(3) of the Act allows Ofcom to exempt certain wireless apparatus from licensing. However, Section 8(5) explicitly excludes jamming devices from exemption due to their high potential for interference. Exempt devices must not:
• Endanger safety of life.
• Cause undue interference with wireless telegraphy.
• Adversely affect spectrum efficiency.
Since jammers inherently disrupt wireless signals, they do not meet these criteria.
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Proportionality and Transparency in Licensing

Even when granted, licences for jamming devices must comply with principles outlined in Section 8(3B), ensuring:
• Objective Justification: Based on the specific risks posed by rogue drones.
• Proportionality: Countermeasures must align with the threat level.
• Transparency: Clear communication of licence terms to ensure non-discriminatory enforcement.
For instance, a jamming licence for operations near airports must focus solely on mitigating rogue drones without disrupting legitimate communications or nearby authorised drone operations.
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Practical Implications for Drone Jamming

Private Individuals
As a private individual, you cannot legally use jamming devices, even if a drone invades your privacy or trespasses on your property. Instead:
• Report the Incident: Contact the police or the Civil Aviation Authority (CAA).
• Avoid Unauthorised Action: Deploying a jammer is a criminal offence under the Wireless Telegraphy Act 2006.

Organisations in High-Risk Sectors
If you represent a high-risk organisation, such as an airport or energy facility, you may apply for a jamming licence. This requires:
• Demonstrating Necessity: Proving that detection systems alone are insufficient.
• Ensuring Compliance: Implementing safeguards to prevent collateral interference and safety risks.

Alternatives to Jamming
If a licence is not feasible, alternatives include:
• Detection Systems: Radar, RF sensors, and other tools to identify and track drones.
• Physical Mitigation: Devices like nets or capture drones that neutralise rogue drones without disrupting their signals.
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Recent Developments: Drones Over US Airbases

The recent deployment of British troops to US airbases in Suffolk and Norfolk highlights the real-world implications of counter-drone law. Drones have been sighted near RAF Lakenheath, RAF Mildenhall, and RAF Feltwell, sparking concerns over a potential “sinister” plot, with Russian involvement not ruled out.
The RAF has offered advanced counter-drone systems, including the “Ninja” and “Orcus,” which can jam and control rogue drones, forcing them to return to their origin or reroute safely. These incidents underscore the necessity of authorised and regulated counter-drone measures to address evolving threats.
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Key Takeaways from the Wireless Telegraphy Act 2006

1. Licensing is Essential: Section 8(1) prohibits the use of jamming devices without a licence from Ofcom.
2. No Exemptions for Jammers: Jamming devices inherently interfere with wireless signals and do not qualify for licensing exemptions.
3. Proportionality Matters: Licences are granted only for justified, targeted, and proportionate use.
4. Alternatives Exist: Detection systems and physical mitigation tools are viable options for those without licences.
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Conclusion: Ensuring Compliance in Counter-Drone Operations

The Wireless Telegraphy Act 2006 ensures a balanced approach to counter-drone operations, prioritising safety, efficiency, and lawful use of the electromagnetic spectrum. Unauthorised jamming is not only illegal but can lead to significant penalties, including fines and imprisonment.

As a counter-drone lawyer, I assist clients in navigating this complex regulatory landscape, from applying for Ofcom licences to ensuring compliance with drone and counter-drone laws. For tailored advice on counter-drone measures or legal representation. Together, we can help secure the skies while safeguarding your rights and responsibilities.

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Transforming UK Airspace: A New Era for Drones and Aviation with NATS OpenAir

By Richard Ryan, Drone Lawyer

The skies over the UK are on the verge of a transformative shift, thanks to the ambitious NATS OpenAir initiative. Designed to integrate drones and advanced air mobility (eVTOLs) into shared airspace alongside traditional aircraft, the proposal promises innovation, efficiency, and safety. But as with any grand vision, the devil is in the detail.
Here’s an in-depth look at what the OpenAir initiative is getting right, where there are gaps, and how it can evolve to meet the needs of all airspace users.
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1. Prioritising Data Privacy and Ownership

One of the most valuable resources in aviation is data. For drone operators, who depend on real-time information about flight paths, weather, and airspace restrictions, access to reliable data is critical. However, the OpenAir proposal is light on specifics about who owns the data and how privacy will be protected.
Without clear protections, drone operators might worry about their data being exploited—whether commercially or in ways that jeopardise their competitive edge.

The Fix:
OpenAir must adopt a clear data privacy framework. Operators should retain ownership of their data, with mandatory anonymisation for any information shared beyond essential safety and operational use. Only the bare minimum of data required for regulatory compliance should be shared, and stringent safeguards must prevent its misuse.
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2. Keeping the Playing Field Fair

OpenAir is envisioned as a centralised hub for managing UK airspace, which sounds great—until you consider the potential impact on smaller players. Consolidating services under one entity like OpenAir might inadvertently stifle competition among Uncrewed Traffic Management Service Providers (UTMSPs).

The Fix:
To level the playing field, OpenAir should adopt open standards that allow seamless third-party integration. Smaller UTMSPs must be supported, not sidelined. Clear rules around equitable access to data and services will ensure innovation thrives without creating monopolies.
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3. Setting Realistic Timelines

Integrating drones and eVTOLs into shared airspace isn’t a simple task. OpenAir’s proposed rollout timeline—beginning pilots in 2025 and achieving full deployment by 2028—might be overly ambitious, especially given the complexity of regulatory approvals and the need for robust infrastructure.

The Fix:
A phased approach with realistic benchmarks is the way forward. OpenAir should focus on pilot projects in key areas where demand is highest (e.g., urban delivery drones or emergency medical services). This would provide valuable data to refine the system while reducing the risk of rushed implementation.
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4. Managing Costs for Drone Operators

OpenAir’s “user pays” principle makes sense in theory—those who use the airspace services should cover the costs. But smaller operators, such as local delivery drone companies, could be disproportionately affected by high fees, potentially pricing them out of the market.

The Fix:
Introduce tiered pricing. Small operators should pay less, at least during the initial phases. Alternatively, subsidies or credits could be offered to early adopters, ensuring fair access while fostering adoption across the board.
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5. Addressing Legal Grey Areas

OpenAir aligns with the UK’s Airspace Modernisation Strategy, but its relationship with existing regulations like CAP 722 (which governs drone operations) needs to be crystal clear. Ambiguities in compliance requirements could delay approvals or lead to legal disputes.
Similarly, liability concerns loom large. If there’s a system outage or data error, who’s responsible for the fallout? Drone operators? OpenAir? The CAA? NATS? DfT?

The Fix:
OpenAir must explicitly state how its services integrate with CAP 722, especially for critical areas like Beyond Visual Line of Sight (BVLOS) operations. As for liability, service agreements must clearly define responsibilities, ensuring all parties—operators, OpenAir, and regulators—understand their obligations.
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6. Building Trust Through Transparency

For OpenAir to succeed, trust is key. Stakeholders—including drone operators, regulators, and public service agencies—must feel confident in the system’s fairness and security.

The Fix:
Establish an independent advisory board with representatives from all key groups, including Blakiston’s Chambers! This board would oversee the rollout of OpenAir, ensuring transparency and accountability. Regular public updates and feedback sessions would further build trust and address concerns early.
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7. Looking to the Future

The potential of OpenAir is undeniable. By creating a unified platform for managing UK airspace, it could unlock opportunities ranging from efficient logistics to life-saving medical deliveries. But to truly succeed, OpenAir must:
1. Prioritise data privacy and ownership.
2. Ensure fair competition for all service providers.
3. Adopt a phased, realistic rollout plan.
4. Keep costs manageable for smaller operators.
5. Align with existing regulations like CAP 722.
6. Address liability concerns upfront.
7. Foster trust through transparency and stakeholder engagement.

The skies above us are changing, and with thoughtful planning, OpenAir could make the UK a global leader in integrated airspace management. But to get there, it must balance ambition with practicality, ensuring the system works for everyone—from global eVTOL operators to local delivery drones.
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What do you think about the OpenAir proposal? Share your thoughts, especially if you’re a drone operator or part of the aviation industry. Your feedback could shape the future of our skies!

About the Author
Richard Ryan is a UK-based barrister and drone law expert with over 20 years of legal experience. Specializing in regulatory, operational, and safety challenges, Richard advises defence companies, regulatory bodies, and government agencies on the complexities of UAS operations. A former advisor to the UK Civil Aviation Authority and the House of Lords’ AUTMA committee, Richard is currently pursuing a PhD at Cranfield University, focusing on the legal implications of drone integration into global airspace.
Richard combines his legal expertise with a deep understanding of defence operations, having served in the British Army, including deployments to Iraq and Afghanistan. His insights bridge the gap between operational realities and legal requirements, ensuring clients navigate the rapidly evolving world of drone technology with confidence.

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Legal Lessons from the H3 Dynamics Drone Incident: A Wake-Up Call for Drone Pilots

By Richard Ryan, Drone Lawyer

The recent drone crash involving H3 Dynamics in Singapore serves as a stark reminder of the legal responsibilities that come with operating unmanned aircraft systems (UAS). On July 19, H3 Dynamics faced a serious incident when their TUNDRA 2 drone lost control shortly after takeoff, crashing into a residential condominium and causing a fire. Although no injuries were reported, the incident has significant legal ramifications for the company and offers crucial lessons for all drone pilots.

Incident Overview
During a series of test flights, the TUNDRA 2 drone—manufactured by Hexadrone but modified by H3 Dynamics—crashed into a building after losing control. The Civil Aviation Authority of Singapore (CAAS) conducted an investigation and uncovered multiple regulatory violations:
1. Non-Compliance with Operations Manual: H3 Dynamics failed to follow procedures outlined in their own operations manual submitted to CAAS.
2. Unauthorised Drone Modification: The drone was modified without prior notification or approval from CAAS.
3. Unlicensed Pilot: The operator lacked a valid Unmanned Aircraft (UA) pilot license.
4. Violation of CFMS Procedures: The company did not adhere to the Centralised Flight Management System protocols designed to monitor and manage drone flight paths.
As a result, CAAS has revoked H3 Dynamics’ permission to conduct flight tests and demonstrations and is proceeding with legal action against the company.

Legal Implications
The incident highlights several legal issues that drone operators must be vigilant about:
– Regulatory Compliance: Adhering to aviation regulations is not optional. Non-compliance can lead to legal penalties, including fines, suspension of operating licenses, and criminal charges.
– Unauthorised Modifications: Altering a drone without regulatory approval can compromise safety and is often illegal. Modifications may affect the drone’s airworthiness and violate manufacturer specifications.
– Licensing Requirements: Operating a drone without the necessary certifications is unlawful. Pilots must obtain and maintain valid licenses to ensure they are qualified to handle the aircraft safely.
– Operational Protocols: Ignoring established procedures, such as those outlined in an operations manual or systems like the CFMS, can lead to accidents and legal consequences.

Key Takeaways for Drone Pilots
1. Strictly Follow Operational Guidelines: Always adhere to the procedures in your operations manual. These guidelines are there to ensure safety and legal compliance.
2. Obtain Necessary Approvals: Before making any modifications to your drone, secure the required approvals from relevant authorities like CAAS.
3. Ensure Proper Licensing: Make sure that all drone operators hold valid and up-to-date licenses. Regularly check for any changes in licensing requirements.
4. Comply with Flight Management Systems: Utilize systems like the CFMS to monitor your drone’s flight path and promptly address any deviations.
5. Stay Informed on Regulations: Laws and regulations governing drone operations can change. Keep yourself updated to ensure ongoing compliance.

Conclusion
The H3 Dynamics incident is a cautionary tale underscoring the importance of legal compliance in drone operations. As drone technology advances and becomes more integrated into various industries, operators must prioritise safety and adhere strictly to all regulatory requirements. Failure to do so not only endangers public safety but also exposes operators to severe legal consequences.

For professional advice on navigating the complexities of drone law, feel free to contact Blakiston’s Chambers. We specialise in helping drone pilots and companies comply with all legal and regulatory obligations.

Richard Ryan is an experienced drone lawyer specialising in unmanned aircraft systems (UAS) and aviation law. He provides expert legal guidance on regulatory compliance, licensing, and operational issues to clients navigating the complexities of drone technology.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For legal counsel regarding specific situations, please consult a qualified drone lawyer.

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