Bye-laws - Where can I fly ?

[Fizzbang]

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.

Stop watching YouTube and get out there and do it.

There was a time when by law self propelled vehicles all had to have a man with a red flag walking in front of them. Where is the red flag now?
If you understand the CAA regulations and privacy laws then work within the regs and do it.

Ask yourself this question. When was the last time you heard of a skydiver and/or hot air balloonist being prosecuted for landing somewhere he did not want to?

 

[3Greens]

We’re not so far apart I suspect.
I fly from a gated public footpath / farm service road, I’ve done this for a few years now and yes it can be a bit boring flying the same area but I’m more of a pilot not a videographer or photographer and so for me every flight is different.
The farmers who own the land are fine with it, I didn’t ask there permission, I just turned up one day and got on with it, they will stop and chat, take an interest as I do with what they are doing, I don’t obstruct them and they don’t hassle me, if members of the public come along the track we may chat and they more often than not show an interest.

You have a good knowledge of the rules because this is what we do, but you are allowing them to stop you from doing what the rules are there to help you do.
You should have the backing of the BMFA or similar organisation and even if the police turn up because someone isn’t happy - remember there is a 99.9% chance that you are going to be the lawyer in that conversation and he/ she will be the student - if all else fails “******** baffles brains” remember that.

 

[Trejack]

I admit I'm maybe putting too much thought into it but just didn't want any aggro, just want to be left alone to fly.

 

[3Greens]

As you see a nice countryside view from your car window, turn off onto a side road, find somewhere to park, check for no fly zones and get on with it. By the time anyone realises what’s going on you will be long gone - to another nice location.
A couple of other things to mention - and not to scare you is -
At certain times of the year farmers use cannon’s to scare the birds off, they sound like shotgun’s.
Pheasant shooting season is 1st October to 1st February when extra caution is needed, although it’s usually getting to cold to fly.

enjoy.

 

[Jamesz]

Hi Trejack
Flying in the Peak District National Park can be problematic; almost 100% of the land is privately owned ( N. Trust, RSPB, shooting estates, United Utilities) and you will find it hard if not impossible to get TOAL permissions from them.
A significant issue here is that much of the northern Peak Park is designated as SSSI and you can potentially face an unlimited fine, rare in UK law, for 'damage' to a SSSI , which Natural England, who are the controlling body deem to be the result of drone flying [to protect endangered ground-nesting bird species]. To find out which areas are SSSI, see Magic Map Application and chose Land-Based Designations- Statutory- SSSI England.

However it's not all gloom- there are huge areas of farmland that are not SSSI and many farmers will let you fly if you ask nicely and maybe offer an aerial photo in return. Of course, if you fly a sub 250g drone you can take off legally from your own (or neighbour's) property, as long as you fly high enough to avoid privacy issues. I have access to some excellent sites in the Peak- if you are visiting, PM me.
Jules

 

[Trejack]

Many thanks for that JamesZ, much appreciated.

I didn't realize about SSSI nor how much land was actually covered by them

 

[Viewfinder]

If you are not a member of BMFA join now: British Model Flying Association. You will not regret it.
The membership fee includes excellent insurance cover.
The magazine keeps you up to date with what is going on.
There are numerous local groups who have flying sites.
You will have stickers and other stuff to carry with you - I have printed off things from the BMFA (and CAA) website and cut articles out from the BMFA magazine which I carry in my log book binder (I use an A5 binder for my logs and print my own log sheets which fit the binder). My log book binder is partly designed to make it seem that I am "official". There is enough stuff in the binder to ensure that I know ten times as much as any policeman or National Trust warden.

Then use common sense.

• Don't fly in areas which the CAA rules prohibit (you know where those are).
• Don't fly anywhere that your common sense says is asking for trouble
• Don't fly over houses or anywhere else where a member of the public is almost certainly going to pick up the phone to the police (not that it will do them much good if they do phone 101, after 50 minutes on hold they will lose the will to live. If they phone 999 they will be told to p**s off and phone 101)
• Don't TOAL where people are around and might complain. A good wheeze is to fly where there is no mobile phone signal - if they can't phone they can't complain
• Be careful what you put on Youtube.

You will find there are huge areas which are open to you.
Remember, you can only be prosecuted for committing a criminal offence if you break a law which provides for that.
Many bye-laws don't make drone flying a criminal offence or if they do the hoops the prosecutor has to jump through make it impossible to proceed against you.
The courts are totally paralysed with a completely unmanageable case load. And they haven't even started dealing with the humungous number of cases where landlords are trying to evict residential and commercial tenants who haven't paid any rent since Lockdown started.
The odd drone flight where nobody is hurt will never make it to court.
The legal advisers to institutions like the National Trust will only prosecute if they think it's worthwhile.
99.9% of the time, if it even gets as far as a legal adviser, it will go no further than a stern letter. If they have your address.
Most legal advisers are over-loaded with work and won't even think of taking action.
You will be fine.

 

[mjuav]

Have a look here, a link I found in one drone group on Facebook at the start of the year:

Simon Hawkins - Freedom of Information requests

This guy, I'm assuming Simon Hawkins, asked all councils in the UK via FOI requests about any bye-laws in regards to drone flights/take off, and some councils have answered back which is great news for some. Even better to me, as the 2 local councils near me (Gwynedd and Anglesey) have answered back and as of the start of the year, they have no bye-laws for drone flights.

Worth a check to see if your local council has answered back or not.