Whither Class Markings?

Small Drone UK Marking Requirements

The drone class marking system has long been a central element of the small drone regulatory regime under the well-known Implementing and Delegated Regulations. This class marking structure is set to apply in the UK in full from the end of 2025 but, as matters stand, efficient implementation looks challenging. If nothing changes, operators may find that they can only continue to operate on a more limited basis than at present.

Background

The EASA regime, which now largely applies in the UK, assumed that the majority of UAS used within the open category would be commercially supplied rather than privately built. Accordingly, Parts 1 to 5 of the Annex to the Delegated Regulation set out the criteria for UAS Classes C0 to C4. The Implementing Regulation prescribed how drones which meet those criteria may be used within the operational subcategories in Part A of the Annex to the Implementing Regulation. 

Compliance with the criteria is to be assured by conformity assessment or ‘approved’ bodies, themselves subject to a market surveillance process. While the regulation allows a degree of compliance certification by manufacturers, manufacturers of Class C1 to C4 UAS must either have their own quality systems assessed by an approved body or have design and manufacturing conformity assessed by an approved body. The Secretary of State approves the conformity assessment bodies.

Significance of the Class Marking System

The significance of the class marking and conformity assessment process is that operation within the open category is largely required to be conducted by UAS within Classes C0 to C4. The primary exception is those which are privately built.

Legacy and Transitional Provisions

However given that numerous commercially available UAS were already in service when the Implementing Regulation first applied, and that it was apparent that it would take some time for the conformity assessment and market surveillance process to be put into place, the Implementing Regulation relaxed the need to comply with the class marking scheme in two respects – under the ‘legacy’ provisions in Article 20 and the ‘transitional’ provisions in Article 22. 

Under Article 20, non-privately built UAS which were placed on the market before 1 January 2026 may be operated under the open category without complying with the requirements of the UK Delegated Regulation, provided certain operational limitations are observed. If a UAS type has been placed on the market before 1 January 2026, then that type may continue to be used indefinitely. Originally the cut-off date was set at 1 July 2022, but was later extended to 1 January 2023 and, in the UK, to 1 January 2026 by the Aviation Safety and Air Traffic Management (Amendment) Regulations 2022. After 1 January 2026, UAS types placed on the market prior to that date may continue to be operated in the UK:

• in the A1 subcategory, if weighing less than 250 g; or
• in the A3 subcategory, if weighing less than 25 kg.

Article 22 permits the use of drones which do not meet the class marking criteria in Parts 1 to 5 of the Annex to the Delegated Regulation until 1 January 2026, subject to various operational limitations and pilot competency requirements. In simple terms:

• Under Article 22(a), UAS under 500g may be flown in the A1 subcategory so long as there is no overflight of assemblies of people and the remote pilot reasonably expects no overflight of uninvolved people. The remote pilot must hold an A2 CofC certificate. 
• Under Article 22(b), UAS under 2kg may be flown in the A2 subcategory at least 50m from people. The remote pilot must hold an A2 CofC certificate.
• Under Article 22(c), UAS under 25kg may be flown in the A3 subcategory at least 150m horizontally from residential, commercial, industrial or recreational areas. The remote pilot must reasonably expect no endangerment of uninvolved people and must have completed a prescribed online training course and theoretical knowledge examination. 

The Article 22 alleviation falls away on 1 January 2026 – again that cut-off date had been earlier, but was postponed on two occasions.  The EU also extended the legacy and transition periods, but only until the end of 2023.

Current Position

The net effect is that, until the UK class marking system is fully implemented, the only UAS which can be operated in the open category on or after 1 January 2026 will be those which (i) are privately built, or (ii) continue to meet the legacy conditions – but subject to the limitations of Article 20. The additional latitude under Article 22 falls away. From that perspective the UK class marking system becomes critical from 1 January 2026. 

The class marking system needs to be in place in time for products to go through the class marking process. The required marking is properly known as a ‘UK marking’; the EU requires a CE marking, UK operators will not, as matters stand, be able to rely on a CE marking after the end of 2025. However before the system can operate properly various policy decisions need to be taken as to the standards which will be followed and the degree of alignment with EASA. There may be advantages in easing the burden for UK suppliers in delivering product to the standards which apply in the EU (though this is not to say that such products may automatically be used in both the UK and the EU), but that may entail a regulatory compliance burden which the UK Government does not believe is necessary. 

In any event, once those policy decisions have been taken the market surveillance authority needs to be put in place, conformity assessment bodies need to be approved, and individual products put through the approval process. In February 2025, the CAA issued an RFI for RPAS Testing Service Providers to carry out evaluations, on behalf of the market surveillance authority (which is as yet undesignated) of UAS which present a safety risk. The RFI noted that the CAA was still exploring how the market surveillance framework for UAS could be implemented. 

The approach hitherto has been to delay the issue by allowing continued use of the legacy and transitional provisions in the Implementing Regulation. Following consultation by the CAA, the current dates were adjusted by statutory instrument and this could be done again, but we understand there is reluctance to repeat that process. 

It would be highly unsatisfactory for any of industry, conformity assessment bodies or the market surveillance authority to rush in the new system, or for there to be a protracted period after 1 January 2026 when the transitional provisions have fallen away but operators are unable to use new equipment because they have not completed the class marking process. We understand that industry is pressing the UK Government to resolve the position, to understand what the applicable standards will be, and maintain the transitional provisions until the new process can function effectively. We will continue to follow developments and report further in due course.