Bylaws - is the DJI Mini exempt?

@JockyB Couldn’t find any details within their current Bylaws John that were that specific? The closest one I could see was the banning of vehicles. Their bylaws also stated the maximum fine imposed for a successful conviction was £50. Interestingly, the same sum of money it cost for them to respond to Simon Hawkins’ FOI request. I doubt they wouldn’t even bother taking anyone to court for such a ‘piddling’ amount. :thinking: :rofl:

Judging by the number of hooligans I’ve seen unchecked riding their mountain bikes through the parks at speed with only one wheel in contact with their sacred grass I doubt they would blink an eye at a quiet bloke in one corner of the park looking at the skies. :innocent:

There does seem to be a lot of making it up as they go along.

Wokingham council responded to the FOI request “do you have any other policies relating
to the use of UAVs on your land?” with “Checking with the relevant departments, the Council do not appear to have any policies linked in [sic] to UAVs on Council land.”

And ultimately “we use primary legislation for any necessary enforcement in connection to public space and do not have to rely on byelaws which are now rarely used”. Seems clear enough.

But the countryside service website states “We don’t allow the use of model planes or drones at our sites unless a specific event is being held where permission has been granted. Event managers must ensure compliance with CAA (Civil Aviation Authority) guidelines, provide risk assessments and appropriate liability insurance. Please note, we do not guarantee permission in these instances.”

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I was watching the radio controlled yachts & canoe in Buxton’s Pavilion Gardens yesterday. Only thing they annoyed were the geese.

FYI

Yes; what I used to access the bylaw info👍I nearly always check using the GADC DS link for the specific council where I"m flying before I go (admit to forgetting sometimes where others have flown before me). There is a handy link for the appropriate UAV FOI requests made by Simon Hawkins.

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Here’s what I found on the What Do They Know website when Simon made the FOI request about UAV ‘s
https://www.whatdotheyknow.com/request/720326/response/1725286/attach/3/Countryside%20Sites%20Bylaws.pdf?cookie_passthrough=1

Anyone could have knocked that up :joy: well if you had a typewriter :writing_hand:

That maybe from the Derbyshire Dales Council, but you quoted the Derbyshire County Council? They are two different areas. :grin: I couldn’t find the extract that you showed from either authority to be honest. :thinking:Will look on my laptop its easier than this diddy phone.:blush:

EDIT
Nope, they don’t have a bylaw either, following extract from the FOI response (not typed by me honest!):

'Dear Simon Hawkins

Thank you for your recent request for information under the Freedom of
Information Act 2000. The answer to your question is as follows:

No we don’t have a byelaw in place for flying UAV’s from Council land.

We also don’t have a policy specifically in place for the flying of UAV’s.
We have an event strategy which would take each request into consideration
for flying drones on their own merit. The general stance is we do not give
permission to fly drones from our land for personal use or enjoyment but
consider it for company or business purposes which normally would include
filming. An applicant would be required to fill in the events form
application and filming on Council’s land application form (both forms
attached). The filming from Council’s land document includes the
following…’

County do, see highlighted text on badly typed bylaw(?), they only provided one page. Dale’s don’t.

I stabbed the damn DS map for ages and Derbyshire is split up with South, East, City and the Dales but
and couldnt find a ‘County’ by itself? :exploding_head: I know Derby City and most of its Parks do but I couldn’t find the extract or direct mention of UAVs.:point_down:

Extract: ‘There are no current byelaws in force for
any byelaws relating to the use
Derby City that specifically refer to UAVs,
off UAVs (Unmanned Aerial
however the existing byelaws for parks and
Vehicles) from your land, and if
pleasure grounds (dated 16 November
so can you please either provide
1978), byelaw no.5 prohibits a person without
a copy or the link to their
a lawful right or privilege to bring any
location on a website.
machine onto any of the parks or pleasure’

South Derbyshire replied to their FOI with ‘NIL RESPONSE’ !

East Derbyshire replied: There are no bye laws specifically
relating to UAVs within the district – we would expect all operators to
abide by national legislation… policies relating to
the use of UAVs on your land? – No we would expect all operators to abide
by national legislation.

I have a vested interest in this area as I fly there most weeks when visiting my daughter and have yet to find a reason why I cant outside of an NT or FRZ of course.

Will depend who runs the park. E.g. Kingsbury Water Park is in North Warwickshire Council area, but Warwickshire County Council run and maintain it.

It’s not always as simple as “where is it”

Parks are boring places to fly anyway.

It depends what kind of flight your planning, I guess. Totally agree that some are Ade but in my limited experience they have been handy now and then to fly from to get a photo or video.

Search Hawkins’ FOI requests, you’ll find Derbyshire. It’s also pasted by @Sparkyws

Found it only from the websearch :clap:and all they have is the flea bitten copied typed out table above of an unknown, unspecified document, that they failed to give reference for and does not feature on their website or the Countryside Act. Their website has only this:

‘Drones
The use of drones isn’t permitted at our countryside sites.
If operated irresponsibly, drones can pose a physical danger to members of the public enjoying the park as well as a potential invasion of privacy.
There are clear boundaries and rules available for pilots to operate their drones. The rules governing hobbyist and commercial pilots are similar although there are some important differences for a commercial operator.
Hobbyists must follow the regulations set out in the Air Navigation Order (CAP393) and it is recommended that they also hold a hobbyist specific insurance, which is inexpensive to obtain.
Commercial operators require the express consent of the landowner. They must be a CAA licensed pilot or company and hold a valid Permissions for Commercial Operations certificate, including relevant insurance and risk assessments.’

The Countryside Act 1968 is ancient and although amendements have been made I couldn’t find any reference to the banning of drones. DEFRA have at least ventured to define what should be considered for bylaw’s but they refer to UAV’s in access of 20kg.

The above is not a statement in my opinion of an authority with appropriate powers to completely ban UAV Ops. The Derbyshire CC is not represented in DS, as far as I can ascertain, and it appears that the publication of bylaws are devolved to the local councils; which makes sense from the varied responses from those requested by Simon Hawkins and backed up by Wiki… Byelaws in the United Kingdom - Wikipedia. :joy:

All of this leads me to believe that I will go my own way, continue to use DS for FRZ and hazardous areas and if I want to fly respectfully and safely in the National Parks, I will do (notwithtanding NT, SSSi, NE etc TOAL issues and’or flyovers)!

I wouldn’t take too much in what they say as the legislation quoted is out of date. Clue number one is they quote a PFCO clue number 2 leads to a version of the ANO from 2021.
:face_with_open_eyes_and_hand_over_mouth::face_with_open_eyes_and_hand_over_mouth::thinking::thinking:

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To be honest, I’d be really interested to learn what they mean about affecting the environment. I’m tempted to send them an email myself. If a courteous question gets ignored, hit them with a very specific and detailed request under the FOI Act, which they are obliged to respond to. Warwickshire has a blanket “no TOAL” public spaces policy and I’ve heard a load of guff spouted about dangers to wildlife, disturbing birds during breeding season (which I’m pretty certain originally referred to trimming hedges) and other spurious nonsense. I’m beginning to think all this revolves around the fact that councils don’t like drone use because they can’t control it and they can’t charge for it.