Bylaws - is the DJI Mini exempt?

Legal & Privacy
21

And with reference to the Air Navigation Order 2016. Unless the CAA Drone Code overrides and supersedes it, it contradicts it regarding small unmanned surveillance aircraft, which a drone with a camera is classified as.

Small unmanned surveillance aircraft

95. —(1) The person in charge of a small unmanned surveillance aircraft must not fly the aircraft in any of the circumstances described in paragraph (2) except in accordance with a permission issued by the CAA.

(2) The circumstances referred to in paragraph (1) are—

(a) over or within 150 metres of any congested area;

(b) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;

(c) within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft; or

(d) subject to paragraphs (3) and (4), within 50 metres of any person.

(3) Subject to paragraph (4), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.

(4) Paragraphs (2)(d) and (3) do not apply to the person in charge of the small unmanned surveillance aircraft or a person under the control of the person in charge of the aircraft.

(5) In this article, “a small unmanned surveillance aircraft” means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.

I would hope that in due course the ANO 2016 will be updated and amended to reflect the changes to the regulations with regard to sub 250gm camera equipped drones.

All very confusing for us poor dronies :smiley:

22

Hi, the Simon Hawkins link (Gkinghrn) is an absolute necessary look at, it highlights every Council in the UK and if they have any restrictions or Bylaws for UAV flying, I think everyone should have a link to this and check before they head off out flying… not all are what you may want to hear but the majority have no formal restrictions, if they do then they might well be breaking the law and CAP722C regulations, if you think they are, go after them… ! Cheers

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23

Yes, this is all superseded by the current regulations, none of that is current any more.

Sadly the latest regs are a bit painful to find your way around, the current Drone Code is much easier to follow.

But if you do need the actual current regulations, CAP1789A has the main requirements (i.e. the EU UAS IR plus UK amendments):

And I think CAP2038A00 has the most up-to-date version of the current Air Navigation Order (most of the drone stuff was taken out):

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24

I read all the council bye-laws for BCP (Bournemouth) and they have their usual wording about no TOAL and nuisance … they then reference almost EVERY bit of land that they own here.

Personally I think it’s just about them stopping you doing anything that they don’t approve of or havent taken the time to understand so they just ban it …

Looking at the list of places these laws are applicable to I literally cannot fly anywhere in this conurbation without impacting a bye-law … I will continue to fly my drone in a legal CAA approved way and take my chances on violating a bye law in a piece of land that is an open space and ensure I fly safely there …

I’ll take my chances basically …

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25

Yet the Tour de Yorkshire (France) made a right mess of it a few years ago. In fairness, they have said it won’t happen again, but still…

26

The problem with all councils, whether borough, local or parish, is that they are completely and utterly risk averse. If anything, absolutely anything the public do in their spare time, could possibly have any kind of risk to it that could even remotely cause them to be financially liable in any way they will look to shut it down and 99% of the time they don’t even bother to carry out a proper risk assessment. If it ‘could’ then that’s a good enough reason for them to try to ban or abolish it.

It’s a shame they don’t have the same attitude towards potholes and the piss poor state of the roads.

As one of our local councillors said in a leaked Zoom meeting. ‘If we repair all the potholes it will just encourage drivers to speed, they slow them down’ … Pillock.

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27

This seems a bit different from what I saw on the BCP web site: Flying Model Aircraft and Drones

We want everyone to be able to enjoy our parks. So if you want to fly your model planes and drones we want to you be able to do it safely but we also want to protect other people, our wildlife and plants.

Our Byelaws include rules about launching and recovering radio controlled and control lined model aircraft.

The Civil Aviation Authority (CAA) are responsible for airspace regulations, you must check their guidelines and follow their rules when flying your model aircraft and drones.

Permission to fly

The rules for the flying near airports changed in March 2019 and now covers a large area of north Bournemouth. You must get Air Traffic Control (ATC) permission to fly in these restricted areas.

Please check the website https://dronesafe.uk/ before operating model aircraft or drones.

The flying of any model aircraft or drone is not permitted on any site restricted by the new regulations unless ATC permission has been granted.

The flying of any model aircraft or drone is not permitted on any Nature Reserve (such as Hengistbury Head, Turbury Common or Stour Valley) - as outlined in the Byelaws.

Rules for electrically powered model aircraft

  • You can fly anywhere except local nature reserves
  • Your aircraft mustn’t annoy other people
  • You must stop flying if we, or a member of the police ask you to
  • You must pay attention to where you’re flying

Drones

The rules governing use of drones are still evolving, as the implications of using this new technology become clear.

For current guidance in this area, please refer to the Civil Aviation Authority (CAA) website.

Commercial and filming purposes

If you would like to use any model aircraft or drone for any filming or commercial purpose, please get in touch with our events team.

This does not seem too onerous. Can you please provide a link to the Bye Laws you mention?
Is it this one?
https://www.bournemouth.gov.uk/Parks/ByelawsAccessandPolicies/Byelawsforourparksandopenspaces.aspx
If it is I don’t read it as being a blanket ban.

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28

That initial page all looks very nice and reasonable. It also mentions there are area/site specific rules linked at the bottom of the page, which includes this one:

And that includes:
36.(1) No person shall in the ground release any power-driven model aircraft for flight or control the flight of such an aircraft. (2) No person shall cause any power-driven model aircraft to take off or land in the ground.

Now that’s from 1999 and it looks like their current attitude is a bit more up-to-date and progressive, but it still makes for a confusing landscape for a drone pilot.

Edit:
At least their byelaws specifically mention aircraft. Derby Council are telling us that a Section regarding, “barrows, trucks, machines and vehicles” also applies to aircraft.

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29

Aww damn

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30

as @Earwig has noted the byelaws document. Sections 35 to 40 and then it mentions those are applicable to the zones in schedule 9 and schedule 10 … i thins thats pretty clear that you cannot do anything drone related without permission almost anywhere in the area…those are failrly big area’s thats covered .

The Hengistbury head one at least just covers the actual nature reserve which is understandable but the beach is all round it so easy to fly there…

31

I am sorry to say that there is a mass of out of date information regarding flying of model aircraft that existed before the BCP was formed. I applied for a permit to fly at Slides Farm and it contained some requirements that were simply impossible. I pointed this out to the Council and they said:

“Thank you also for pointing out that this reads confusing, we are currently reviewing the rules and regulations on our website and plan to update these in the next few weeks.”

Below is a copy of the section that I found impossible

It seems that nothing ever gets taken off the web so it is pretty hard to know what is current.
I have frequently flown at Iford Fields with no problems and I think other people posting here have mentioned it as a good place to fly.

7. Your acknowledgement that this Agreement and the subsequent permit are issued on the understanding that only 35 MHz Band Radio Frequency Equipment is used.

8. Your undertaking to provide visible means of displaying your radio frequency to other users of radio controlled model aircraft at Slades Farm.

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32

tbh you can tell by the language used that it was probably typed up on a typewriter about 50 years ago and has never been changed …it is actually pretty poor . I imagine a good lawyer could drive a succesful rebuttal of most of this … Could always ask the council to review their byelaws documents and bring them up to date (i may do so but i’d hate to focus simply on drones less that gets targetted)

assume they never gave explicit permission then?

33

I think this being an unofficial UK drone flyers home we should put together some sort of “easy to read” guide. Probably split into “below 250g” and “the rest” categories, with bullet points on what we can see in the apps (ie for Drone Assist “you CAN fly in London CTR zone” in below 250g category etc).
First bullet point in both categories being “always use your common sense and be sensible”.
It’s a minefield and a very steep learning curve at the moment.

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34

@mcdarius this may help you: Good 2 Go

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35

Thanks, it’s a great tool and I’ve used it before.
I was thinking more of a situations like this…

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What is London CTR ?
Can i fly in a Heli-Route?
Why is airport in yellow if I’m not allowed to fly within 5 miles (it was much closer) ?
Why UAV Forecast says I’m good to fly when others are telling me I’m not (all from the same location)?
All very confusing for a new pilot …

36

Ok, we’re drifting off the OP topic of council bylaws now.

37

Yes they did!

They issued me with a permit. This was in 2019 when I was just getting started and I only flew there a couple of times. Slides Farm is not too exciting and it’s not worth the trouble. That’s why I don’t know if they have actually updated the requirements.

38

Hi @ramblingsheep
To answer your question. No they haven’t. Slades is rubbish, to start with there is only one tiny sign warning people about RC models and a very vague description of where the actual area to use is. the site itself is boring- just flat football fields surrounded by hungry trees. I have been there with a friend who’s also a modeller and we spent 95% of our time waiting for people to stop walking over the flying zone, or sunbathing, playing with their dog/kids it’s an absolute nightmare safety-wise.
The last time I was there. The council have built a tea and coffee shop a mere 30ft away from the so-called flying zone. So between this and of course the busy skateboard park it’s close to bedlam. Honestly, the council couldn’t organise a fart in a baked bean factory!!
Sorry for the bad news.

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39

Lol 35mhz is an old radio helicopter and model airplane frequency. That is funny.:rofl:

40

Derbyshire County Council, not only ban model aircraft and kites from their council run parks, but also radio controlled cars and, get this, radio controlled model boats :open_mouth::open_mouth::open_mouth::open_mouth::open_mouth::open_mouth: