Article 16 Update Version 2 Published -17th May 2021

Article 16 has been up dated today (17/5/2021) and a new Article 16 authorisation issued. This replaces the previous version.

The link to the new Article 16 document is below:

https://rcc.bmfa.uk/wp-content/uploads/2021/05/20210517-The-SMAE-Ltd-UAS7068-Article-16-Authorisation-Issue-2.pdf

There are a number of changes and there is a link to the BMFA website pages which highlights the main changes:

https://www.bmfa.org/News/News-Page/ArticleID/2740/BMFA-issued-with-an-updated-Article-16-Authorisation-17-5-2021

The key changes include removal of age limits for remote pilots, changes to the separation distances for FPV flying, the facility for the BMFA to authorise Model Flying Display Permits and the facility for the BMFA to issue BMFA Site Permits to its Clubs (both of which may include the operation of model aircraft up to 25Kg at heights above 400ft). The Permit processes replace the previous CAA requirements for Display Authorisations and Exemptions and responsibility for these areas has now been delegated to the BMFA.

It is something for the PANDAS committee to look at going forward, as to whether we decide to look at applying for a permit for the PANDAS flying site to allow aircraft weighing over 7.5kgs to fly above 400 feet. It would involve quite a bit of work preparing the documents that may be required to support the application.

Accident / Incident / Occurrence Reporting

I was hoping the law regarding reporting would be clarified especially in relation to the reporting of accidents to AAIB under Article 16.

From what I can see the law is exactly the same as the first version of Article 16 and therefore from a purely legal point nothing has changed.

The old BMFA & LMA guidance document used the terms endangering and endangerment. The BMFA guidance document now says you must report an accident to the AAIB (under that section) if there is a fatality or serious injury. The actual legal signed new Article 16 document does not say that.

I will investigate this area further and see if I can get a definitive answer.

Without wanting to be silly about it, a legal document is just that, the law. You must comply with it however daft it may be. A guidance document that says, well actually no, you do not have to really comply with the law because the AAIB realised it was not practical or sensible, has no real legal standing.

In my view the actual wording in the signed legal Article 16 document should be amended, to reflect exactly what they require us to do. It is the law and legal then.

If anyone has any questions, feel free to call or email me.

Martin Lynn,
PANDAS Chairman.
Email: martinlynn59@gmail.com
Mobile: 07802 725 231

 

 

 

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