I’m currently awaiting a response from the Forestry Commission Scotland to a formal complaint I raised with them concerning their non-compliance with their obligations under the Scottish Outdoor Access Code/Land Reform Act in relation to drone use.
I’d submitted a FOI request enquiring as to how they had reached their position on banning all drones from FCS land, and the response that came back was very weak - pretty much saying that:
- they had taken no internal or external legal advice in coming to their position;
- ‘air-sports’ are the only aerial activity permitted by the SOAC;
- and that the use of drones would disturb forest wildlife / other forest users / forest workers.
My argument that they are in non-compliance with their SOAC obligations is basically:
- the term ‘air-sport’ is not defined in the Act or the Code, and using a drone is not a ‘sport’ in the dictionary definition of the term
- I regularly liaise with Police Scotland when carrying out commercial flights, and on a number of times I’ve cited access via the SOAC. They have never told me this is not possible, or turned up to arrest me - so clearly drone use is permitted via the SOAC
- a drone is neither a ‘motorised vehicle’ or ‘motorised vessel’ as defined in the Land Reform Act as being exempted from the access rights set out in the Act
Getting your PfCO won’t make things much easier - they normally want at least a month’s notice of any intention to fly on FCS land, and want to see a risk assessment/evidence of insurance.
A long response I know - but this is a current bugbear with me, and I’ll keep you updated on the outcome of my complaint.
If you are unhappy with the FCS current position regarding drones, you can always contact your local Access Officer at your local Council to register your displeasure, stating that you don’t beleive FCS to be in compliance with their SOAC obligations 