City of Oxford consultation on byelaws includes restrictions on flying drones

The link to the consultation is here,

The areas covered are green on the map


and includes large open spaces like Shotover Country Park, Port Meadow, and South Park.

The council say they wish to update and rationalise existing byelaws and that they ‘have created a set of draft updated byelaws, based on the Home Office model of current best practice, and informed by experience of the current challenges, and on-going park user feedback.’

In the preamble to the proposed byelaws it mentions that a purpose is ‘for the prevention and suppression of nuisances’.

Byelaw 23 on drones and model aircraft is drafted (my emphasis added),

(1) No person shall cause any power-driven model aircraft or drone to:
(a) take off or otherwise be released for flight or control the flight of such an aircraft in the ground; or
(b) land in the ground without reasonable excuse.

Byelaw [23] shall not apply to use of model aircrafts or drones at authorised events or where a specified area is designated for this activity.

It is interesting to note for comparison that cycling and skateboarding are not prohibited, provided that they are not done ‘in such a manner as to cause danger or give reasonable grounds for annoyance to other persons’.

Given that CAA regulation covers so much about flying different categories of drones and the proximity of buildings and people, what does this proposed byelaw achieve? Is it even enforceable?

I’d welcome useful comments, but you don’t need to sound off pet peeves about local councils, etc. I’d like to construct a useful response to the consultation, which closes on 8 April.

Thanks!

From my understanding and i may be wrong, a bylaw can not be put in place if existing legislation covers the situation they are trying to cover. So, as the CAA covers this aspect, then the bylaw contravenes the guidance on applying such legislation.

Compare the approach that Oxford appears to be taking, compared to the approach that the Parks Trust (in Milton Keynes) have adopted

https://www.theparkstrust.com/our-work/our-policies/drones-policy

In much the same way as happened with Blackpool, it would be a good idea to fire off a FOI request, to find out how many issues they have had with drones in those parks in the past 5-years?

Thanks, that’s useful. And I’m working on the FOI request!

Here is the FOI for Blackpool … with their answer that they had no issues!!

Strange that Blackpool Council have “no issues” with drones, but still tried to include them in a PSPO . :roll_eyes::roll_eyes::roll_eyes:

They’re not stopping you flying, theyre’ trying to stop you taking off and landing from their land. So take off and land from outwith the greeen areas and fly wherever the fek you like, they can’t do jack shit as long as you stay within CAA regs. Even if you did TOAL from their green areas, I’m not sure it would be legally enforceable?

The draft reads, ‘No person shall … control the flight … in the ground’. Not only do they propose banning TOAL in their parks, you can’t step into a park with a drone in the air under your control.

Whether this would be enforceable is another question, but they do propose fines up to Level 2, or £500.

The Milton Keynes approach looks far more sensible for a policy here.

TOAL from outside their ground, control your flight outside their ground?
The point I was trying to make was that they can not stop any overflight as it is quite simply not in their jurisdiction.

“In the ground” seems a strange phrase. I guess they mean from anywhere within their grounds?
Maybe send them the MK Parks Trust Policy on drone flying and ask them to reconsider. It puts their restrictive proposal to shame. Good luck.

And… they ‘have created a set of draft updated byelaws, based on the Home Office model of current best practice, and informed by experience of the current challenges, and on-going park user feedback."

really does not sit well with MK Parks Trust experience. Are drone flyers in the Oxford City area really more reckless/annoying than in MK?!

Isn’t the misuse of new legislation classed as sub judiciary when there’s already sdequate legal measures in place which should be used. If so it’s misuse of legislation to control an issue which it was not designated for. The BB has done a good video on it.
That is the way I would challenge it.

(1) Byelaw [23] shall not apply to use of model aircrafts or drones at authorised events or where a specified area is designated for this activity.

Might be worth inquiring where the specified areas will be

Might be worth getting your local councillor as your case as soon as possible.

my 2p

Thanks, yes worth doing. The Oxford Model Flying Club already has a patch on Port Meadow, though I’ve never seen a model plane fly there. They credit their permission to fly there to the ‘Freemen of the City of Oxford’ …

Imgur

… ‘and only OMFC members and their guests are allowed to fly on the site’.

PrisonerNumberSIx

“I am not a number! I am a free man!” :rofl:

They used to be anti-drone I believe, but seem to have integrated them now, so long as you jump through multiple hoops.

So FPV/Avata only, eh? :wink:

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A reply from Oxford City Council

Request

I am making this FOI request to ask the council what records they have of nuisance or damage complaints stemming from the activity of drone flying over the past five years.

Response

There are no records held at Oxford City Council.

To double check and evidence you should also make the same request to Oxfordshire Police

Good idea - submitted to Thames Valley Police for the City of Oxford.

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Post the results

I usually make them work for their money and ask for 5 years worth, broken down by month ;o)

See what they offer, this was a quickie of mine a little while back

https://www.northyorkshire.police.uk/foi-ai/north-yorkshire-police/foi-disclosure-2021-22/september-2022/foi-drone-reports-0361.2021-22/