Can you TOAL outside NT boundary then move to maintain VLOS?

ok here is what yiou can do#you can take off and land from any public place…
now if for example you take off ona public footpath outside nt land then fine, if you now walk onto nt land they cannot tell you not to control your drone, that is rubbish, BUt they can ask you to leave the nt property and you are then suppossed to leave… The bridal way is a dodgy bit unless your ona horse or walking a horse…
Nt trust try their very best to use bylaws, they cannot use any bylaws as again it is private land… if they think they can then great, but it then makes it a public place… ( nt is actually a place that can come under a public place as its funded by money from the public, but that is a real dodgy thing to get into )… so yes you can legally take off outside or nt land or even in it if there is a public footpath going through their land… . Now do remember that Nt staff and ranger have azero powers to ask you for any form of identification. no powers to touch you in any way and certainly not your ddrone… do not show them any details whatsover inc flying id or operator id, they have no rights to see it… best thing is just fly it and if they tell you to leave then leave… there is no such thing as not being able to operate your drone from their land, that is rubbish…The only time you coukld be taken to court is if you refuse to leave the nt land, the police cannot even make you leave it as again its private land and is a civil matter, it is not a crime… and there is no such crime as tresspass any more, you have to commit for example tresspass with intent to do something illegal… chances of nt getting you into court is extremely slim if you have not broken any law while ion their land… and a good clued up lawyer would rip them to bits and stop their land being private in the future, it needs a lawyer who is clued up on the charters… ( Nt hate it when you bring up a charter as it often costs then hundreds of thousands of pounds in compensation to councils and the general public)… just fly the drone and be ready to leave when and if asked to do so and all is well.

I have never had any problem with NT volunteers. On the two occasions I have had aggro whilst flying over NT property (not taking of from or landing on NT property) it has been from NT staff. On both occasions it was gardeners. They were very aggressive but when I suggested that they call the police as I felt they were threatening they swiftly left. I asked for their names but on both occasions they refused to identify themselves. I actually knew who they were as I had worked at both properties in the past but I wished them to personally identify themselves.
I refuse to be brow beaten by petty officials as I think the police may have taken a dim view of them harrasing an 82 year old.
Just as a side note I wrote to the regional director offering to meet staff and explain the legal position but I never got a reply or acknowledgement of my letter. As a NT member for over 50 years and a contractor having worked for them for over 40 years it did not suprise me.
Flying Shroppie

Thanks for the support. Here is a definitive explanation of the use of public rights of way:

  1. You can walk on all public rights of way and some public rights of way are also open to horse riders, cyclists or motorists.

You can use:

  1. footpaths - for walking, running, mobility scooters or powered wheelchairs
  2. bridleways - for walking, horse riding, bicycles, mobility scooters or powered wheelchairs
  3. Restricted byways - for any transport without a motor and mobility scooters or powered wheelchairs.
  4. Byways open to all traffic - for any kind of transport, including cars (but they’re mainly used by walkers, cyclists and horse riders)

Rights of way in England, Wales and Northern Ireland

Public rights of way are marked with signs or coloured arrows, for example yellow for footpaths, blue for bridleways. You can find the route of public rights of way:

The Path through the Park is the Staffordshire Way. The Staffordshire Way spans the length of the County. The route is based on public rights of way, paths on which access has been granted or canal towpaths and have been waymarked and signposted.

Looks like I’m stuffed with a manual wheelchair…

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Just my 2 pence. I ignore all NT ground rules unless its nesting birds.

I do all my flying for these areas in the morning so normally there is noone around to get into trouble with.

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@Gavinnewcombe Seems like the best time to do it if your willing to take the risk. Cant be a nuisance if there’s nobody around to annoy.!:sweat_smile:

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Adding this to my kit for bridleways near NT properties!

Dependant on any byelaws or PSPO that maybe in place :man_shrugging:

NT can (and do) ban operation of a drone from their property. So thats TOAL and flying over.

So nope, you cant in theory walk onto they land.

However, the worst they can ask you to do is leave their property.

(and thats without going into the actual bye-laws they use written in the 60s which they say applies to drones in the first place. Which is patchy at best with the definitions. A drone would have to be a “conveyance”.)

You are correct in that NT do not have a specific reference to a drone. The conveyance is a joke as well as it has been noted by some, far more learned than I in matters of the law, that we should not be able to take our cars bikes, scooters or any other conveyance iaw their bylaw.

Providing TOAL is outside of their property then the NT cannot legitimately stop you from flying over their land unless it can be proven that the flight is at a height that is construed to be within their normal enjoyment and use of their property (or something like that). So if your 10m of the ground looking at their balcony you could be on a sticky wicket. If your 40m up then you should be ok.

Correct - but the post was talking about walking onto NT property to control the drone after takeoff.
That would come under “operation of” and therefore banned. So they can ask you to leave.

For reference for anyone on here:- https://nt.global.ssl.fastly.net/binaries/content/assets/website/national/pdf/the-national-trust-byelaws-1965.pdf

The bye-laws from 1965 they use.

quote No person shall ride or drive any conveyance to the danger or annoyance of or
without due consideration for other persons resorting to Trust Property.
Note: In this Byelaw “conveyance” includes any air, land or watercraft vehicle or
machine other than wheelchairs and perambulators. Subparagraphs (i) and (ii) of
paragraph (a) shall have no application to pedal cycles.[/quote]

is the clause they’re using.

More amusingly at the bottom:

[quote]Penalties for Infringement of Byelaws
26. Every person who shall offend against any, of the foregoing Byelaws shall be
liable on summary conviction to a fine not exceeding £20 and in the case of a
continuing offence to a further fine not exceeding £2 for each day during which the
offence continues, or such other maximum as may be specified from time to time by
any Act of Parliament enacted after the date hereof.[/quote]

So basically a £20 one off fee then £2 a day to fly on NT property. Bargain!

Sorry was referring to above as it read to me they can ban either or both. :+1:

They cannot ban flying over, only the CAA regulate the airspace. No land owner has the authority to ban drones overflying their land.
(with the proviso that your drone is not so low as to constitute trespass/causing annoyance)

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@Ben.B And its not a FRZ.:grin:

Well yes, but that’s nothing to do with the NT