So my evening flight over Stonehenge raised a few eyebrows and called into the question the legitmicay of land owners being able to prevent you from flying over their land.
To be clear, I'm talking about taking off from adjacent or common land, but flying over private land, adhering to the usual rules. This was questioned because English Heritage and the National Trust both prohibit flights unless you pay them a permit fee and have a PFCO.
The CAA made it very clear that landowners cannot prohibit your right to fly over. And here's the email in full:
>>
UAVEnquiries <[email protected]>
11:53 (4 hours ago)
Dear Sir
Thank you for your email
They do not own the airspace and if you abide by the ANO and other airspace restrictions in that area e.g. NOTAMs then you may operate.
Thank you,
Thomas Guest
UAV Services
Civil Aviation Authority
Tel: 0330 022 1908
Follow us on Twitter: @UK_CAA
From: Ian [mailto:[email protected]]
Sent: 13 June 2018 16:48
To: InfoServices <[email protected]>
Subject: Question on the prohibition of consumer drones over private land
Hello
I am after advice concerning private hobbyist flying of a consumer drone (Mavic Pro) which is around 750 grams and does have a camera.
As I understand the Air Navigation Order 2016, specifically ‘Article 95 – Small unmanned surveillance aircraft’, the main rules can be simply summarised as:
1. Stay at least 150 metres horizontally away from any congested built up area, or crowded area with more than 1,000 persons (implying I cannot fly over such an area).
2. Stay at least a 50 metre bubble away from any structure or person not under my control (implying I can fly over such land at an altitude of 50 metres or more).
3. Stay under 400 feet in altitude from take-off point.
4. Stay in Visual Line of Sight
5. Observe any permanent or temporary restrictions from NATS, which I do via their Drone Assist app.
It is the second point I wanted clarified.
My question is:
Can a landowner prohibit aerial flights over their property?
I understand they can prohibit ground-based activity, (ie take-off / landing / flight control) from their land, but can they prohibit me from simply flying over?
The CAA has implemented a 50 metre bubble rule to avoid privacy and harassment issues, so my understanding is that the CAA controls airspace, not the landowner, as long as I maintain an altitude of at least 50 metres.
Can you confirm?
Many thanks
Ian
So quite a simple and clear repsonse.
As ever though, rules aren't the whole picture. Considerate flying is a big part too, hence waiting until around closing time and staying high...This was the video that brought this into question:
To be clear, I'm talking about taking off from adjacent or common land, but flying over private land, adhering to the usual rules. This was questioned because English Heritage and the National Trust both prohibit flights unless you pay them a permit fee and have a PFCO.
The CAA made it very clear that landowners cannot prohibit your right to fly over. And here's the email in full:
>>
UAVEnquiries <[email protected]>
11:53 (4 hours ago)
Dear Sir
Thank you for your email
They do not own the airspace and if you abide by the ANO and other airspace restrictions in that area e.g. NOTAMs then you may operate.
Thank you,
Thomas Guest
UAV Services
Civil Aviation Authority
Tel: 0330 022 1908
Follow us on Twitter: @UK_CAA
From: Ian [mailto:[email protected]]
Sent: 13 June 2018 16:48
To: InfoServices <[email protected]>
Subject: Question on the prohibition of consumer drones over private land
Hello
I am after advice concerning private hobbyist flying of a consumer drone (Mavic Pro) which is around 750 grams and does have a camera.
As I understand the Air Navigation Order 2016, specifically ‘Article 95 – Small unmanned surveillance aircraft’, the main rules can be simply summarised as:
1. Stay at least 150 metres horizontally away from any congested built up area, or crowded area with more than 1,000 persons (implying I cannot fly over such an area).
2. Stay at least a 50 metre bubble away from any structure or person not under my control (implying I can fly over such land at an altitude of 50 metres or more).
3. Stay under 400 feet in altitude from take-off point.
4. Stay in Visual Line of Sight
5. Observe any permanent or temporary restrictions from NATS, which I do via their Drone Assist app.
It is the second point I wanted clarified.
My question is:
Can a landowner prohibit aerial flights over their property?
I understand they can prohibit ground-based activity, (ie take-off / landing / flight control) from their land, but can they prohibit me from simply flying over?
The CAA has implemented a 50 metre bubble rule to avoid privacy and harassment issues, so my understanding is that the CAA controls airspace, not the landowner, as long as I maintain an altitude of at least 50 metres.
Can you confirm?
Many thanks
Ian
So quite a simple and clear repsonse.
As ever though, rules aren't the whole picture. Considerate flying is a big part too, hence waiting until around closing time and staying high...This was the video that brought this into question:
