CAP2367: Consultation Response: Extending the provisions for Legacy and Transitional Category UAS

In June 2022 the CAA consulted on whether to extend the Legacy and Transitional UAS provisions in the Open category. Further details about the consultation can be found here.

The CAA believed an extension would likely be necessary due to the UK not having in place the necessary infrastructure to move away from non-class marked UAS, to class marked UAS by 01 Jan 2023. Namely,

  • The establishment of the market surveillance authority,
  • Establishment of conformity assessment bodies,
  • Creation and adoption of relevant standards.
    The purpose of the consultation was to gauge stakeholder support for, or against, an
    extension to the Legacy and Transitional UAS provisions described above, and for how
    long, and to better understand the impact of making this change, or not.

Chapter 2

Executive Summary
The consultation is now closed. In total the CAA received 4506 responses across the five questions posed.

The RPAS Policy Team who instigated the consultation would like to make clear every response was individually reviewed by the CAA.

The following is a statistical breakdown of responses from questions 1 through to 4.

The CAA asked:

“Would you be in favour of extending the provisions for Legacy category UAS in the

Open Category”.

You said:
Option Total Percent
Yes 4415 97.98
No 71 1.58
I don’t know 20 0.44
Not answered 0 0

The CAA asked:

“Over what additional period should the extension for the Legacy category be
You said:
Option Total Percent
12 months 105 2.33
24 months 1120 24.86
Longer than 24 months 3187 70.73
Not answered 94 2.09

The CAA asked:

“Would you be in favour of extending the provisions for Transitional category UAS in the Open Category?”

You said:

Option Total Percent

Yes 4357 96.69
No 73 1.62
I don’t know 76 1.69
Not answered 0 0

The CAA asked:
“Over what additional period should the extension for the Transitional category be valid?”
You said:
Option Total Percent
12 months 97 2.15
24 months 732 16.25
Longer than 24 months 3522 78.16
Not answered 155 3.44

The CAA asked an additional question that provided our regulated a community an opportunity to discuss their choices in greater detail.

“Do you have any additional comments in relation to the proposed extension including any impact of either extending, or not extending these provisions may have for you?”

In total, the CAA received 2411 responses to this additional question. Each of the 2411 response comments was read and grouped accordingly. What emerged were some common themes outlined below.

Environmental Impact

A significant proportion of respondents were concerned about the environmental impact of having potentially thousands of UAS, many of which still functional, becoming e-waste at the end of the transitional and legacy periods. You said at the point Class Marked UAS are available then the industry would see a natural retirement of legacy and transitional UAS.

Economic Impact

The majority of responses focused on the economic impact of having to upgrade to Class Marked UAS after investing significantly in Legacy, and Transitional UAS. The CAA were told the current regulation, if allowed to continue, would push not only recreational, but also commercial operators out of the market.

Investment Uncertainty

Many of you told us your business have held off purchasing much needed UAS with increased capability out of concern for their future in the Open Category. The uncertainly currently surrounding Class Marked UAS which is creating uncertainty within your business operations.


A significant percentage of respondents made the argument against Class Marked UAS in the Open Category. Citing the low volume of incidents that currently occur between those who abide by the current regulatory regime.

Clarification of the CAA’s role

A common theme in the responses is the assumption it is in the CAA’s power to make this decision alone. Changes to policy and regulation are made by the Department for Transport and the Government. When the CAA identifies an area of policy or regulation to update, create, or amend, we submit an opinion to the Department for Transport who will consider it. As discussed in Chapter 3, the CAA has submitted our opinion on this matter to the DfT for consideration.

CAP 2367 Chapter 3: Next steps

There is a clear and significant majority who favour an extension to both provisions beyond twenty-four months.

This has been a valuable exercise for the CAA to learn why the regulated community was in favour of this. It has shaped our own opinion significantly and moulded our response to the Department for Transport.

To that end, the CAA have recommended to the DfT that:

All provisions should be extended indefinitely and the class marking scheme should be reevaluated. This will form part of a larger investigation into the current UAS Open Category regulatory framework and what is most suitable for the United Kingdom. This is to ensure any solution suitably addresses the needs of the community as well as addresses safety and security risks in a proportional manner.

Notwithstanding a re-evaluation of the class marking scheme an extension should be indefinite at least until the consumer can purchase Class Marked UAS on the open market. At that point, consideration could be given to the re-introduction of a transitional period. This would ensure that the regulated
community has a suitable amount of time to naturally phase out older UAS whilst at the same time having the option to purchase Class Marked UAS. This approach would significantly mitigate almost all areas of concern raised in the responses to the consultation.

Details of the recommendation to government, including the policy objective, rationale and draft regulatory text, will be published on the CAA Safety policy and legislation project tracker website in due course.

Origional report here

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