This exemption has been used for years by model aircraft fliers as well. Here is the full wording and I cannot see any reference to exclude devices just because it has recording capabilties. Can you show me where it stipulates that recording capabilities excludes the use of this exemption? I looked into this in great detail when I started to fly and absolutely want to get my facts right.
First off, the CAA's definition of an SUA, making no mention of recording equipment; second is the full wording of the exemption:
Small unmanned aircraft means any unmanned aircraft, other than a balloon or a kite, having a mass of not more than 20kg without its fuel but including any articles or equipment installed in or attached to the aircraft at the commencement of its flight.
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Small Unmanned Aircraft – First Person View (FPV) Flying
(See Note 1) 1) The Civil Aviation Authority, in exercise of its powers under article 242 of the Air Navigation Order 2009 (‘the Order’), exempts any person in charge of a Small Unmanned Aircraft (SUA) from the requirement at article 166(3) of the Order to ensure that direct unaided visual contact is maintained with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions. 2)This exemption only applies if the conditions at paragraphs 3 to 7 are met.
3)
a)The person in charge is the person piloting the SUA (see Note 2). b)The person in charge is accompanied by a competent observer who maintains direct unaided visual contact with the SUA sufficient to monitor its flight path in relation toother aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions and advises the person in charge accordingly.
c)The maximum take-off mass of the SUA does not exceed 3.5kg, including any batteries or fuel.
4) The person in charge must not fly the SUA: a) in Class A, C, D or E airspace unless permission of the appropriate air traffic control unit has been obtained; b) within an aerodrome traffic zone during the notified hours of watch of the air traffic control unit (if any) at that aerodrome unless permission of any such air traffic control unit has been obtained; c) at a height of more than 1,000 feet above the surface (see Note 3); d) over or within 150 metres of any congested area; e) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;
f) within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft; Miscellaneous No: 1168 Air Navigation Order 2009
Publication date: 28 April 2016 General Exemption E 4185 UK Civil Aviation Authority Official Record Series 4, No. 116 8 28 April 2016 Page 2 of 3
g) within 50 metres of any other person, apart from the competent observer, except when taking off or landing in accordance with paragraph (h); h) within 30 metres of any other person, apart from the competent observer, other adjacent model operators, or any model flying club members, during take-off or landing; or i) for the purposes of aerial work . 5) For the purposes of this exemption, a ‘competent observer’ means someone whom the person in charge of the SUA has designated as the competent observer. 6) Before designating someone as the competent observer, the person in charge of the SUA must be satisfied that he or she: a) has been briefed in accordance with paragraph 7; b) is competent to perform the tasks which he or she may be called upon to perform in accordance with paragraph 7; and c) 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. 7) The person in charge must ensure that: a) the competent observer is fully briefed on the planned flight and what is expected of him/her taking into account the prevailing conditions; b) the competent observer understands that he/she must stay directly adjacent to the person in charge and maintain direct unaided visual contact with the SUA at all times, to visually and aurally monitor the airspace for other aircraft and the take -off and landing area for any persons; c) the competent observer has been instructed on the actions to take in the event of another aircraft being spotted and a risk of collision is assessed; and d) the competent observer understands that he/she must advise if the SUA is proceeding beyond the point at which he/she is able to monitor its flight path sufficiently to identify a risk of collision. 8) This exemption supersedes Official Record Series 4 No. 1108, which is revoked. 9) This exemption has effect from the date it is signed until 30 April 2017
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