Bye-laws - Where can I fly ?

[Trejack]

Hi Guys,
I recently purchased a Mavic Mini 2 after spending months researching drones and the regulations, I registered operator and flyer ID with CAA, and use drone assist app.
After the first day of really enjoying my drone I became disheartened by the lack of places I could legally visit. I am aware of the rules regarding TOAL on private properties and the need for owner permission, also the fact that this doesn't cover over flying.

My mates solicitor is drone flyer and he said I should be especially careful regarding bye-laws. I'm surprised at how many places have bye-laws in effect prohibiting drone usage. One of the main places I was hoping to fly was in the open space of Peak District National Park, but a bye-law prevents it on land owned by them.

Closer to home all country parks in Warwickshire have a bye-law preventing drone use, not only that but Warwickshire county council state these bye-laws apply to all land owned by WCC not just parks.

I have tried getting permission from land owners but that proved very difficult. In fact many will only grant permission to commercial drone operators.
It would seem that the only local places I can fly legally from are from parts of Cannock Chase which is 90 mins away or my own back garden, which will likely become an issue if done regularly.
So where can we actually fly legally ?

 

[cgmaxed]

You sure have a lot of rules on the other side of the pond. Your in the UK I assume. Say hello to Benny Hill for me.

 

[Lastrexking]

Hi Guys,
I recently purchased a Mavic Mini 2 after spending months researching drones and the regulations, I registered operator and flyer ID with CAA, and use drone assist app.
After the first day of really enjoying my drone I became disheartened by the lack of places I could legally visit. I am aware of the rules regarding TOAL on private properties and the need for owner permission, also the fact that this doesn't cover over flying.

My mates solicitor is drone flyer and he said I should be especially careful regarding bye-laws. I'm surprised at how many places have bye-laws in effect prohibiting drone usage. One of the main places I was hoping to fly was in the open space of Peak District National Park, but a bye-law prevents it on land owned by them.

Closer to home all country parks in Warwickshire have a bye-law preventing drone use, not only that but Warwickshire county council state these bye-laws apply to all land owned by WCC not just parks.

I have tried getting permission from land owners but that proved very difficult. In fact many will only grant permission to commercial drone operators.
It would seem that the only local places I can fly legally from are from parts of Cannock Chase which is 90 mins away or my own back garden, which will likely become an issue if done regularly.
So where can we actually fly legally ?

Landowners can only stop you taking off from their land. They don’t own the air space above it, thats managed by the CAA. There’s loads of land the Peak District National Park don’t own, such as farm land, or Yorkshire water land. That doesn’t necessarily mean you can take off from it, but you just have to be a bit imaginative On where you launch from.

 

[Lastrexking]

You sure have a lot of rules on the other side of the pond. Your in the UK I assume. Say hello to Benny Hill for me.

They’re no different from your national park rules.

 

[cgmaxed]

They’re no different from your national park rules.

That's good to know. I was going to mention the Rules regarding USA national and state parks, but I wasn't sure if they applied to the U.K. You read my mind.

 

[Trejack]

Thanks for responses.
I was hoping to be legal without having to keep looking over my shoulder expecting a confrontation every time I fly.
It seems that can fly in most of places I want to but just can't take off or land anywhere.

 

[Lastrexking]

That's good to know. I was going to mention the Rules regarding USA national and state parks, but I wasn't sure if they applied to the U.K. You read my mind.

Well, no - your laws only apply in the US. Ours are different. We can fly over, which you can’t.

 

[MAvic_South_Oz]

It can be frustrating, many local councils banning drones and model aircraft, National Parks in most of our states, are the most prevalent for having bans for TOAL.
Though as a bushwalker I can understand Nat Parks in most busy places, visitor numbers, their experience in the parks, etc, some of out Nat Parks are so remote it is crazy not to have exemptions.

If it's just a place to fly and test things, improve flying techniques, you can do is google > places to fly a drone in * < and see what comes up, most councils have areas for this, at some parks under their jurisdiction.

As you said above, there ARE plenty of places to fly, so it's just a matter of checking airspace, then find a place that's not a council park (if they're that against them), or the coast (I know you're pretty much as landlocked as one can be in the UK !), Google maps etc are a great place to start.
Crown land is what you want, but private property in rural areas isn't probably that hard to get permission from if there's a place you really want to fly and you can't find any crown land.

I personally fly local places outside busy times, never had a problem.
If I ever start to get people issues, thanks to the many posts read on this forum, I've got quite a few strategies up my sleeve for dealing with both authority and simple passers by if / when it happens.

 

[MAvic_South_Oz]

Well, no - your laws only apply in the US. Ours are different. We can fly over, which you can’t.

Hi mate, I though they could in the US, with exception to one or two parks for a particular reason.

 

[Lastrexking]

Hi mate, I though they could in the US, with exception to one or two parks for a particular reason.

Hiya ?

I read this - might be out of date though?

The bad news for drone pilots is that the NPS has announced a blanket restriction against drone flight from National Parks since August 2014. Under 36 CFR 1.5, flight of all types of unmanned aircraft has been prohibited from National Parks, including drones and model airplanes.

 

[MAvic_South_Oz]

Hiya ?

I read this - might be out of date though?

The bad news for drone pilots is that the NPS has announced a blanket restriction against drone flight from National Parks since August 2014. Under 36 CFR 1.5, flight of all types of unmanned aircraft has been prohibited from National Parks, including drones and model airplanes.

Sorry think there was a misunderstanding, pretty sure (with minor exemptions in the US, not sure about UK) drone flight is allowed over National Parks in the UK, US, and yes Australia, just TOAL (take offs and landings) are not.

That's what I think @cgmaxed meant in posting reply " was going to mention the Rules regarding USA national and state parks, but I wasn't sure if they applied to the U.K."

 

[cgmaxed]

Well, no - your laws only apply in the US. Ours are different. We can fly over, which you can’t.

That's wrong, we , in the USA can fly over. We just can't land in or take off from.

 

[cgmaxed]

Hi mate, I though they could in the US, with exception to one or two parks for a particular reason.

We, in the USA, CAN fly over, we just can't land in or take off from.

 

[MAvic_South_Oz]

We, in the USA, CAN fly over, we just can't land in or take off from.

Exactly what I knew, and posted, thanks.
We are the same, so too the UK I'm sure.

 

[Sdrone31]

I think there's a really interesting video on YouTube from Geeksvanna about this as a flyer in the UK. So as has been mentioned earlier, if you take off from an area outside say a national trust spot (so you're on public land) where drone flights are prohibited they can't really stop you as this is controlled by the CAA. Using a mini or mini 2 etc does give you huge advantages.

 

[Fizzbang]

TreJack
You seem to be a glass half empty kind of a guy.
You say that you have registered with the CAA; read the regulations; and you use the drone assist app.

Just be careful and considerate about others.
Take your glass half full and do it. Then see what happens.

Strictly speaking I can pick apart every flight I haver ever taken.
But also thinking about it I can't honestly swear that every drive I have in my car is strictly to the letter of the law.

I know that you are as far from the coast as it is possible to be in Britain but Read this also note that it only talks about permissions and mentions no laws.

 

[falicityman_7]

Hi Guys,
I recently purchased a Mavic Mini 2 after spending months researching drones and the regulations, I registered operator and flyer ID with CAA, and use drone assist app.
After the first day of really enjoying my drone I became disheartened by the lack of places I could legally visit. I am aware of the rules regarding TOAL on private properties and the need for owner permission, also the fact that this doesn't cover over flying.

My mates solicitor is drone flyer and he said I should be especially careful regarding bye-laws. I'm surprised at how many places have bye-laws in effect prohibiting drone usage. One of the main places I was hoping to fly was in the open space of Peak District National Park, but a bye-law prevents it on land owned by them.

Closer to home all country parks in Warwickshire have a bye-law preventing drone use, not only that but Warwickshire county council state these bye-laws apply to all land owned by WCC not just parks.

I have tried getting permission from land owners but that proved very difficult. In fact many will only grant permission to commercial drone operators.
It would seem that the only local places I can fly legally from are from parts of Cannock Chase which is 90 mins away or my own back garden, which will likely become an issue if done regularly.
So where can we actually fly legally ?

You have a 1000 places to fly why are you making problems for yourself ??????????
Stop being a goodie two shoes !!!!!!!!
There are Mountains , 800 miles of shoreline along California Mountains to Sierras Desert ? the North were the 2000 yr old Redwoods older than Jesus ?
I wish my state had just 1/4 the Beauty as your State now get out and fly !!
And watch for Geo Zones.
Now have I got you Thinking ???
Go out and Enjoy Yourself

 

[Flying Shroppie]

There are a lot of "Authorities" who will try and bully you. Be clear in your own mind the difference between "taking off from and landing on" and "flying over" properties and land. Notably The National Trust, English Heritage, Cadw, and the National Parks will try and tell you that are not allowed to over fly these areas.
This not true. What you are NOT allowed to do is take off from and land on these properties.
There is no ban on taking off and landing from any public road. provided you avoid other people as detailed in your Licence to Fly and your activities do not put others at risk such as distracting drivers of vehicles
HOWEVER the two things to be very aware of is, 1 the possibility of any damage to structures, property, visitors plants, trees and 2. planning your flight with these factors in mind.
Having worked extensively for The National Trust, English Heritage and Cadw damage to their property can be very very expensive. For your own peace of mind have in place very good insurance because even the slightest mishap could be very expensive.
The use of a sub 250g drone is a bit of a red herring as the cost of a mishap remains the same.
At the moment drone flyers are the "bad boys" but when watching any TV programme these days just see how much of the aerial footage has been done with a drone. Far cheaper than putting a helicopter in the air.
In five years time I predict when "the next big thing" comes along the percived problem that drones create will have dissappeared like the morning mist.
Enjoy your flying. Know the law. Know your rights. Know your own limitations. Don't annoy others just for the sake of annoying them. Don't give in to bullies.

 

[Lastrexking]

You have a 1000 places to fly why are you making problems for yourself ??????????
Stop being a goodie two shoes !!!!!!!!
There are Mountains , 800 miles of shoreline along California Mountains to Sierras Desert ? the North were the 2000 yr old Redwoods older than Jesus ?
I wish my state had just 1/4 the Beauty as your State now get out and fly !!
And watch for Geo Zones.
Now have I got you Thinking ???
Go out and Enjoy Yourself

Erm, OP is in England….. and, this is the ‘United Kingdom’ sub-forum. Last I checked, we’re not a US state.

 

[Trejack]

People are misunderstanding my query. I fully understand the CAA regulations in full and my issue is not with where I can fly over but TOAL places. In my county I cannot legally TOAL in a public place, any park or right to roam land, nor public footpaths or highways.
Given the bad press in the UK regarding drones people are constantly reminding us that we MUST be legal. There are two great videos on YouTube from a guy called "BlackBeltBarrister", He talks about legal side of owning and flying drones including bye-laws, well worth a watch for any UK drone flyer.