An interesting take on the law from Oxfordshire County Council

Before my time, preferred the Mod music, but more a big bike fan (although have had plenty of good times on a hairdryer)

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I dont see how any of that effects a drone or have i missed some thing?

I don’t want to hijack this thread but the topic is the same. Please move it to a separate thread if you think it should be.

I found a site where someone has done an FOI request to Woking Borough Council enquiring about flying drones, see: FOI request
In the attachment each of the common areas within the borough has its own document and the document has this clause:

In the case of the first one (Horsell Common) it is in the Fairoaks FRZ so only relevant if permission has been obtained to fly there anyway.

I am a total newbie and just finding out that the drone I bought (for photography purposes) is unwelcome at nearly every open space close to where I live(whereas I can walk around and take photos quite freely).

So questions:

  1. based on what I have read above I am entitled to fly my drone above these areas as long as I do not TOAL (including hand launching) from the area? without any fear of prosecution?

  2. assuming yes to the above, what would be the case if my drone experienced a failure and fell onto the land below? would I suddenly be liable to prosecution? would I be entitled to go and pick up my drone from where it fell and walk it off the site without fear of prosecution?

  3. is it worth the club members setting up our own crowdfunding initiative and getting a top solicitor to write up a legal response that we can print and carry with us when we fly, which outlines the legal position and explains why we are entitled to be flying as we are, that we can give to any police, auditor, ranger or Karen that might challenge what we are doing.

  4. I have seen mention of Chobham Common being a no fly zone. It falls within Surrey Heath Borough and on their website they say that drone flying is prohibited on any of their land. It has also been stated that Surrey wildlife Trust have a blanket ban on drone flying at their sites, although I can’t find anything on their website that mentions this. I have seen online that Natural England prohibits the flying of drones at any SSSI (Chobham Common is one) and that doing so will render you liable to prosecution - it seems dogs running amok in these sites are fine but drones flying overhead severely disturb the nature (I am fine with both dogs and drones). So where do you think we stand on this?

  5. @ianinlondon (whose YT stuff is superb btw) says on several occasions that flying above NT sites is OK as long as TOAL is not from their land. Again, what would the legal position be if the drone crashed onto their land while flying over it? ( I get that crashing is not the general idea) :slight_smile:

For all of the above it goes without saying that we follow the CAA regulations and the drone code to the letter and make sure our equipment is tip-top when we fly.

So what are your thoughts on my questions (now actually an essay, in fact) ?

Andy

The official line is to always respect byelaws but as I said earlier in the thread:

But that’s your risk to take and your judgement, I am not a lawyer and all that jazz.

If it crashes in the grounds - well that rarely happens if you’re competent and confident in your flying and fly it above treeline etc. but you shouldn’t be liable for prosecution for collecting it. If it did damage on the way down then there’s strict civil liability for surface damage from aircraft. Joining FPVUK for example will give you third party liability insurance for that.

Other than being fairly decent open space to practise, you’re rarely going to return and take photos of parks, they are the most boring places to fly and photograph, once you’re confidence is up, you’ll be taking photos of far more interesting places than parks.

Take the Birthday comp for example ;o)

I have just found a document, relating to bylaws in local parks.
It says that if you are convicted of offending against the bylaw, you can be fined up to £2

I’ll take my chances :wink:

Do they accept contactless ?

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Or 20 lashes :joy:

The document is from 1962, so clearly up to date!

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Some would pay good money for 20 lashes :face_with_spiral_eyes:

Sounds like a man of experience.

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Most would know where to go get it for free :wink:

(If that’s your thing)

Definitely sounds like a man of experience.

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It’s not just the ‘whipee’ who gets off on it.

Different stokes, quite literally.

There’s a site somewhere where a barrister outlines the laws on photography, as so many people see someone with a camera and immediately assume ‘that shouldn’t be allowed’ despite all the photos they take with their phones. In UK law it is legal to photograph people in a public place, including children AS LONG AS THE PICTURES ARE NOT INDECENT. People have no right to privacy in a public place - clue’s in the name ‘public’. It’s legal to photograph private property from a public place too, even if the pictures are to be sold. Check out Bernstein v Skyviews 1974. I keep a printout of that website in my kit!

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And it’s worth bearing in mind that for the purposes of the definition of “a public space” airspace is essentially inherently a public space.

There are some limitations though like photographing people identifiably in residential dwelling places - which includes their gardens etc.

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Yes true, although to photograph someone close up with a drone with the usual wide angle lens they have you’d have to be about ten feet away! They probably would have cause to complain about that!

I cannot see ANY reference to overflying . I would fly my drone according to the CAA Drone Code making sure that I do not TOAL from Council Property. However I firmly believe that the Council does not own any property they hold property on behalf of the people living under that authority. Cheers Len

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That’s essentially what the judge said in Hall v. Beckenham. Councils are trustees of land for the benefit of the public, not ordinary landowners.

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