Drone Users: Registration

Tim Loughton Excerpts
Wednesday 10th July 2019

(4 years, 10 months ago)

Westminster Hall
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Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
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I beg to move,

That this House has considered a registration scheme for drone users.

I am grateful for the opportunity to raise this issue. I recognise that it may appear to be something of a specialist subject, but I was rather swamped—or perhaps I should say swarmed—with a barrage of emails and letters from drone-operating constituents in May and June. That coincided with the Civil Aviation Authority’s consultation document on the charge proposal for a drone registration scheme. The consultation closed on 7 June and the Government’s response is awaited. It would be useful to hear from the Minister when a response is likely, given that the intention was that the registration scheme should open on 1 October, a date that is not far away.

I suspect that many other hon. Members will have been approached about the CAA proposals, because the activity in question is quite big. I have met a number of constituents who are involved, and I had not appreciated the magnitude of involvement in operating drones and model aircraft. There are an estimated 170,000 operators in the UK, including 600,000 model aircraft operated by 40,000 members of the four main UK model flying associations, the British Model Flying Association, the Large Model Association, the Scottish Aeromodellers Association and FPV UK—the association for radio-controlled model and drone flying. I fear we may get lost in acronyms as we continue. As I have said, it is a big activity, and the numbers involved compare with just 20,000 manned aircraft on the UK aircraft register. A lot more people fly model aircraft than real ones, and the figure is likely to grow.

The number of drones has risen exponentially because of the greater availability and easier affordability of multi-rotor drones over the past six years or so. You and I, Mr Robertson, can go into high street shops and buy one of those craft for under £100. Whether we would know how to operate the thing is another matter—which is what I want to come on to discuss.

The activity generally has a good safety record and largely responsible memberships affiliated to the various clubs; indeed, the most recent fatal accident involving a model aircraft occurred way back in 2003. The evidence given to the Science and Technology Committee on 26 June by Andy Sage of NATS, who categorised drone operators as “clueless, careless and criminal”, was unfair, inaccurate and insulting. I am pleased that he subsequently apologised for those comments. This is a growing and legitimate activity, and we need to be able to accommodate it. However, at the same time, I think we all recognise that it brings with it criminal or potentially damaging and intrusive opportunities, of which a small minority will take advantage, and are doing so.

The most high-profile issues around drone usage arose last year, in my neck of the woods at Gatwick airport, which was shut down for several days before Christmas because of sightings of drones that might have interfered with passenger aircraft. It remains something of a mystery as to exactly what drones were involved; nobody was prosecuted. More recently, we have heard from direct action groups such as Extinction Rebellion, which I have to say I get on well with in my constituency, about using drones to disrupt flights. I certainly condemn that, but it is an issue that we have to take into account.

There is a growing problem of drones flying drugs and other illicit goods into prisons, and just last week we heard that Wimbledon has had to team up with a technology company to prevent drones from flying overhead and disrupting play, which is becoming a common challenge for many other major sporting events. There is also potentially a nuisance problem of certain drones invading people’s privacy in residential areas, creating noise and flying dangerously close to crowds.

Drones are subject to existing laws, such the Air Navigation Order 2016, but there are few prosecutions. I think that most people acknowledge the need to bring in more robust rules to regulate the use of drones, but how should those rules work? They need to be fair and proportionate, which is why many of my constituents quite rightly have concerns, and I share those concerns.

Tim Loughton Portrait Tim Loughton
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I will give way to the hon. Lady first, and then to the hon. Gentleman.

Stephanie Peacock Portrait Stephanie Peacock
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I am grateful, and I congratulate the hon. Gentleman on securing the debate. On those concerns, does he agree with my constituent, a model airplane enthusiast who is concerned that, while the regulation around drone usage and the problems it can cause should be tackled, people who fly model airplanes should not be caught up in this and are now being asked to pay £16 a year? Perhaps we should look at an exemption for model airplane use.

Tim Loughton Portrait Tim Loughton
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I agree. If the hon. Lady bears with me, I will come on to exactly that point. However, it is £16.50, not £16, just to be pernickety.

David Drew Portrait Dr Drew
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To build on that point, people who fly radio-controlled model airplanes feel that the way this has been handled has ignored them, and that they were only brought in at the last moment. I hope the hon. Gentleman will talk about why they should be handled very delicately, because they have never been involved in any criminal activity but almost feel that they have been criminalised.

Tim Loughton Portrait Tim Loughton
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I entirely agree with the hon. Gentleman. I will come on to precisely that if he hangs around.

As I say, I think most people acknowledge that we need more robust rules. Back in 2018, the Government decided to mandate a drone registration and education scheme in the UK, to strengthen the accountability of drone users and their awareness of how to fly their drones safely and responsibly. Fortunately, it was agreed—after different thinking originally—that the scheme should register the operator, not every individual aircraft or drone, which could have made it a much more bureaucratic exercise. To that end, the Government propose that everyone in the UK operating drones or model aircraft between 250 grams and 20 kg in weight must register by the end of November this year and take an online safety test, or face a fine.

The scheme will be run by the Civil Aviation Authority which, as the hon. Member for Barnsley East (Stephanie Peacock) said, proposes an annual £16.50 charge per operator, supposedly to cover the cost of running the scheme. That is based on an estimated 170,000 assumed registrations, which would raise something like £2.8 million —not a small sum. The CAA claims that it needs to cover the costs of the IT service hosting the system, IT security packages, a major national drone safety and registration requirement campaign, variable costs linked to user volumes and the ongoing upgrade of drone registration services, although there is not a lot of detail on those ongoing costs and why such a large amount of money is required.

I agree with the hon. Lady. One of my constituents’ main concerns is why the charge is £16.50, and why it is levied every year. Why not just an up-front registration fee, without the need to re-register? The United States scheme costs just $5 for three years, in Ireland it is €5 for three years, and France brought in a free scheme, so £16.50 seems disproportionate, given the experiences of comparable countries. Why is it is as much as £16.50? Why not a one-off fee? What are the ongoing costs? Will it go up from £16.50? These things have a curious habit of going up but never going down when schemes begin. Is it fair to charge a teenager £16.50 for using a drone when Amazon, which in years to come will probably operate fleets of hundreds of drones to deliver goodies to everybody, will also be charged £16.50? Those are my first questions to the Minister.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Will the hon. Gentleman give way?

Tim Loughton Portrait Tim Loughton
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Of course. It would not be a debate without someone giving way to the hon. Gentleman.

Jim Shannon Portrait Jim Shannon
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The hon. Gentleman is most kind. I congratulate him on introducing the debate. He, I and others in the Chamber recognise that drone use has led to contraband being taken into prisons; it comes up in Justice Questions nearly every month. Does he recognise the real need to register and approve all drone users to stop contraband going into prisons? It is important that we deal with criminality and those who use drones for criminal purposes.

Tim Loughton Portrait Tim Loughton
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I completely agree, which is why I said I think we all agree that we need more robust regulations and a registration scheme. I think most users do not dispute that but they do dispute the proportionality and cost. The scheme needs to be effective, because there is criminal activity in prisons—terrorism and other things, as I mentioned. How it will do anything to deter people who use drones to drop drugs and other illicit goods into prisons is not clear. A small minority misuse drone technology, and if we are going to operate a scheme it should not penalise the vast majority who operate legitimately but should be quite clear about how it will clamp down on criminals using drones for completely illegitimate activities.

What does registration actually offer to the operator, other than a confirmation of compliance? Membership of the British Model Flying Association, through the various recognised clubs, usually includes public liability insurance cover and proper training and oversight from qualified instructors, and clubs tend to police their own members because they want everybody to operate responsibly and within the law. Why is the CAA effectively trying to reinvent the wheel when the current membership scheme works well in the existing clubs? It could just oblige all operators to register through a club, rather than through the CAA-run scheme.

The scheme could also be operated by the police, who could choose to contract it out to local clubs, when clubs prepared to take that on are available. Where they are not available, the police could operate it themselves, or through somebody else. That is how they do driving awareness classes and similar schemes in various parts of the country. The model is already there.

Roger Gale Portrait Sir Roger Gale (North Thanet) (Con)
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I am delighted that my hon. Friend has taken the opportunity to raise this issue, which is of considerable importance to a relatively small number of people. All Members have constituents who are highly reputable model aircraft operators who have carried out their hobby for years and years without any problems whatsoever. We now face a completely different animal, the drone, which he rightly says is used for commercial as well as nefarious purposes. There surely has to be some way of separating those two. My gut feeling, as I think is his, is that members of reputable clubs ought to have some kind of different treatment.

Tim Loughton Portrait Tim Loughton
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I have some sympathy with that and it is the thrust of what I am coming to. The scheme as it stands will put everybody in the same pot, treat everybody in the same way, when actually the activity is already policing itself, with existing members of model clubs, very well. How can we expand that expertise and build on what we already have, rather than trying to come up with something completely new? That is the thrust of my argument.

Under European Aviation Safety Agency rules in France, for example, there are powers to delegate registration and regulation to recognised local model flying clubs. We would likely want to go down the same route in a few years’ time, so why not start on that basis now? Surely we should be running a complementary scheme to that of other European countries. In the UK, the CAA already delegates powers to the British Hang Gliding and Paragliding Association, the Light Aircraft Association and the British Gliding Association, among others, so there are already precedents.

The various flying associations had been working constructively with the CAA and the Department for Transport, but they now claim that they have been rather stonewalled, as they put it, by both those parties, particularly since the beginning of this year and post the Gatwick episode. That is unfortunate. They believe, as the hon. Member for Stroud (Dr Drew) said, that the model flying community is being unfairly vilified for the actions of a small handful of unlawful drone operators. It is easy to see why they believe that; I have a great deal of sympathy with that view.

Other concerns have been raised. The online test is a simple, multiple-choice static test. It is not really a competence test, whereas if it were carried out by clubs, they could ensure that it was a proper test. They could be there in person to see that the operators really did know what they were doing. There are many grey areas in the law about flying over private property or public land and about enforcement of the law about flying too close to crowds. Again, proper instruction and tips and recommendations from flying clubs seem to be a good way of ensuring that we have responsible operators.

Should there be differentiation between commercial operators and private hobby operators? As I have said, Amazon is likely to be operating loads of drones commercially in future. Surely it should be subject to a higher and more expensive level of regulation. I recently saw the first unmanned air taxi being trialled in Dubai. I am sure that use of such vehicles will become the norm before long. It looks a little scary at the moment, but anyway, that is the speed at which technology is advancing.

Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
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I am very glad that my hon. Friend has raised this matter. In 2017, I led a debate in this place on drones and airprox incidents with drones, which had risen from three in 2015 to about 70 in 2017. Can my hon. Friend confirm that those were nothing to do with model aircraft, but were all to do with drones? The safety record of model aircraft is completely different and therefore they should be put in a different category or, as he says, dealt with through the reputable clubs, of which my constituents are also members.

Tim Loughton Portrait Tim Loughton
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To an extent. The exact statistics are that out of 55 airprox incidents—near misses—in the six months to May 2019 in the consolidated drone, balloon and model category, drones accounted for 49, unknown objects—Martians or whatever else—for five, and balloons for one, so model aircraft were not anywhere near the level that drones were at. It is therefore clear why most model aircraft flyers, who do not class themselves as drone operators but will be caught up in the new system, feel particularly aggrieved.

There are concerns about STEM—science, technology, engineering and maths—education, because model flying and drone flying can be the gateway to STEM skills, providing a bottom rung to aviation by which young people can be inspired to pursue technical careers. I have been round many schools, and in my constituency I have Shoreham airport, which is working with schools on some of the skills in relation to aircraft, model aircraft and so on. We want to encourage that.

There is some inconsistency in relation to age criteria for licences for various activities. In this country, people have to be 16 to get a motorcycle racing licence, only eight to get a level 1 powerboat licence, and 14 to be a solo glider. It is unclear how the 18 limit originally suggested in this case will work. Who will be responsible for a minor if damage is caused when they are operating a drone uninsured, for example?

There is quite a debate in the industry about the potential impact of a single drone colliding with a passenger aircraft—that is a different debate for another day—and the various options of interfering with radio signals for potential terrorist activity and so on.

There is the issue of geofencing, which means having a capability to receive and transmit a GPS signal to show where a drone is, so that it would appear on the radar of anyone seeking to detect illicit drone use. However, the mass technology is not available on a viable commercial basis for that just yet. The issue is whether the new scheme is proportionate, affordable and effective in supporting the legitimate model aircraft and drone operating community, while isolating and facilitating better policing against a small number of unlawful drone operators and those determined to use drones for various forms of criminal activity.

There still seems to be a divide between that view and the CAA and the Department. A letter—curiously, it was not signed, but was written by “The Drones Team” from the Department for Transport—sent in reply to one of my constituents, who made many of the points that I have made, said that

“the principle that the Government set out in our January consultation response still stands. Any alternative approach for model flyers must be achieved without imposing undue burden on the state and the taxpayer, whilst also being efficient and enforceable, without compromising the integrity of the policy. A blanket exemption from registration and competency tests or having the associations register their members into the registration system, as suggested in many of the consultation responses submitted by model fliers, will not meet these criteria.”

That is unfortunate because certainly the industry will say that it can meet those criteria and it is prepared to be flexible.

The chief executive of the Association of Remotely Piloted Aircraft Systems, whom I met earlier this week, has said:

“We support registration, e-conspicuity and the requirement for airspace management…This will become increasingly important over the coming years as the use of drone technology increases and it is embedded into roles across multiple sectors. Drones will be acknowledged as delivering substantial benefits in the emergency services, environmental services and the commercial environment as well as providing a great recreational pastime enjoyed by many thousands of users.

The issues we have are not with the concept of Registration but the quality, cost and therefore value for money that the current registration proposal appears to deliver to government and to the users required to register.”

I agree with that. It does seem that the DFT and the CAA are trying to reinvent the wheel and failing to harness the huge experience and network capability of existing legitimate, respected and experienced model flying aircraft operators. It seems a no-brainer to me that they should be talking with them much more closely and using what is there already, rather than coming up with a completely new and, on the face of it, rather bureaucratic and disproportionate and costly scheme.

I have posed several questions to the Minister. I hope that we can come up with a proportionate and workable system, so that this legitimate activity can continue safely. I hope that, while respecting the rights and safety record of those legitimately involved, a new system can show how it will be easier to clamp down on just the sorts of criminals that the hon. Member for Strangford (Jim Shannon) mentioned and others who would use technology with malign intent. We should not let the illegitimate activities of the very few spoil what has become a widespread and enjoyable recreation and a technological advance that many people will be using for good in years to come.