Drone use or misuse?
- Thread starter Mog
- Start date
Go to his land owner, with video evidence of what he is doing. In my part of North Yorkshire, there is all kinds of s***t bags trying to get land. I know a few land owners are getting really annoyed by it including those who guide and essentially make money off the farmers backs. Their sons now do it as do the farmers.
StephenToast
Well-Known Member
Dunwaters
Well-Known Member
So how does the CAA square that with with both commercial and non commercial civil and military aircraft crossing the country freely? Drones are aircraft by definition.
You neither own or control the airspace above your property, if you did there’d be no con trails up there.
There are restrictions regarding minimum altitudes and radiuses from built up areas and crowds of people but generally the approach and departure phases of flight are exempt.
As for the OP, you have my sympathy, but I don’t see that the drone operator is breaking any laws, he’s just a more aggressive a neighbour than I’d like to share a boundary with.
No doubt he’ll argue that you started it by refusing permission to collect downed deer.
What happened to the carcasses?
Were they handed over or were they kept by your landowner?
If they were kept, and I was the neighbour, I might try to herd deer away from your boundary too.
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Morkai
Well-Known Member
Elon Musk was in an interview and someone asked him about drones and current technology that was easily accessible to the public.
That tracking capability and a face ID chip that allows phones to unlock by facial recognition can easily be used by the wrong people.
You get the idea.
Dunwaters
Well-Known Member
“ The wrong people “ obviously being anyone other than me.
I harbour serious doubts about you…..
The technology is here, its cheap and readily available, it has a multitude of uses, not all of them praiseworthy or legitimate, its running about 10 years ahead of the legislation.
The horse has well and truly bolted, we’ll be playing catch up for a few years yet.
Morkai
Well-Known Member
No sure I get what you mean, what are you saying?
Sounds like a rather ominus statement.
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Freeforester
Well-Known Member
I can’t speak for England, but in Scots Law one commits an offence by using any aircraft to drive or move deer, unless specifically authorised in writing by SNH.
Under the 1996 Deer (Scotland) Act, it is illegal to shoot deer from a moving vehicle or aircraft. It is also an offence to drive deer towards hunters by using a vehicle or aircraft. (Since modified per SNH written authorisation).
Not directly applicable in Sussex, I know, but there may be some similar stipulation/legislation in England? There is also the matter of Air Law, which all aircraft (drones included) must comply with, including restricted areas, etc.
Under the 1996 Deer (Scotland) Act, it is illegal to shoot deer from a moving vehicle or aircraft. It is also an offence to drive deer towards hunters by using a vehicle or aircraft. (Since modified per SNH written authorisation).
Not directly applicable in Sussex, I know, but there may be some similar stipulation/legislation in England? There is also the matter of Air Law, which all aircraft (drones included) must comply with, including restricted areas, etc.
Dunwaters
Well-Known Member
It was a joke, everyone who has a drone or an air gun or a penis or a vagina always uses it responsibly, it’s always “ the others ” that don’t.
The same thing happens on golf pitches, the members never take a divot out of the green, that’s always down to visitors but theres alway divots out of the green and theres always some arsehole flying a drone where they shouldn’t.
so you might be able to sue under trespass.
The airspace which is deemed the landowner is simply the amount required for the enjoyment of the land/use of land.
if it is low enough to herd deer and you are stalknig id suggest that that interfieers with your use of the land
also trespass can be an object it doesn't have to be a person.
if that fails maybe suing under nuance.
i'm not a lawyer though
I would tell landowner and actually get it on film, otherwise you just have someones word to go on.
The airspace which is deemed the landowner is simply the amount required for the enjoyment of the land/use of land.
if it is low enough to herd deer and you are stalknig id suggest that that interfieers with your use of the land
also trespass can be an object it doesn't have to be a person.
if that fails maybe suing under nuance.
i'm not a lawyer though
I would tell landowner and actually get it on film, otherwise you just have someones word to go on.
Did you read through any of the links I posted ? Are you just looking for a 10 minute argument or are you hoping for the full 1/2 hour ?
Perhaps it's becuase you are Irish ?
In England you own the airspace above your property. This is splt into two levels, the upper and the lower stratum.
The upper stratum is generally considered to be approximately 500 to 1000 feet above your property, according to Section 76 of the Civil Aviation Act 1982.
That @dunwater is how the CAA squares's with that.
In Scotland, your air property extends endlessly into the sky. The law is: Ownership of airspace above the ridge of the roof goes with ownership of the solum (the solum is the ground).
In the UK this is noted on the deeds as the 'air property'.
In Eire ... the law is different, but, essentially the same.
Have a read here ... Who owns the sky? Property owners or drone users?
This article will hopefully make you realise that your argument is perhaps flawed in its basic premise.
Would you indeed .....
Knowing your boundaries and applying restraint is something most honest British hunters subscribe to.
308rws
Well-Known Member
Drones can be useful things. We had a specialist counting deer numbers in our area, obviously with all landowners permission. I watched it all on our estate and surrounding areas. It was amazing to be able to count all deer species and to count separately Bucks and does. A very interesting morning, could even tell I have one very good Roe buck in one spinney, and get a good count of all deer on ours and adjacent land.
Morkai
Well-Known Member
We have them at work for surveying, especially bridges, removes a lot of risk and equipment costs.
Dunwaters
Well-Known Member
You really should read through the links you post, you may own the airspace but you don’t control it, the state does, similarly you may or may not own the ground below your property and the minerals it contains. Mineral rights under your property can be held by a third party.
If you doubt that ask anyone living near the end of a runway and complaining of noise why they don‘t solve the problem by simply closing their airspace to traffic.
Airspace is divided into various categories, Class G is unrestricted, anyone can fly anything there without talking to anyone subject only to the various Air Navigation acts. There are restrictions on operations within a defined radius of, or altitude above buildings, built up areas and assemblies. There are also areas of more restricted airspace set up to protect airports, military installation firing ranges prisons etc etc. Typically these designated restricted areas extend from ground level to a stated maximum altitude. If you live in one you must abide by the restrictions, you don’t get asked “ can we borrow your airspace please” the CAA publishes the boundaries, geographical and vertical and you comply.
You won’t be compensated either.
If you really think that the airspace is yours, contact the CAA and request that your personal bit of it be closed to all non essential traffic.
There are specific regulations governing the use of drones, they are categorised by weight and generally they are restricted to a maximum height of 200’ above ground level and must remain within sight of the operator. The operator also needs the landowners permission ( this is probably where the idea that you own the airspace is coming from) If a drone is being operated without the landowners permission the CAA should investigate but legally its a very grey area, charges only tend to be brought where someone has done something reckless and endangered life.
However legally, if I have a commercially registered drone, a licence to operate and I wish to fly it across your land while operating from an adjacent site, theres not a lot that you can do about it.
As I said, where airspace is concerned, you may own it, but you don’t control it
We use drones with commercial pilots for a lot of work (communications) and they have to file flight plans and receive an authorisation code that goes into the control unit and without which the drone doesn't fly. I understand this is a requirement for commercial drone use, so if your third party is using the drone to provide a service to a paying customer that has to surely be classed as commercial.
Furthermore, if used commericially, the operator should carry third party and public liability insurance, extra to any that he carries for guided stalking I would think.
I use the technology but its all controlled and undertaken by third parties with the correct licences and training so I could be spouting bo**ox but the man on the Clapham Omnibus would most probably share that view.
(edited for fat fingers)
Furthermore, if used commericially, the operator should carry third party and public liability insurance, extra to any that he carries for guided stalking I would think.
I use the technology but its all controlled and undertaken by third parties with the correct licences and training so I could be spouting bo**ox but the man on the Clapham Omnibus would most probably share that view.
(edited for fat fingers)
308rws
Well-Known Member
As with many things these days, you should not operate a drone over land which you do not own without the landowner's permission, the appropriate license and public liability insurance - sound familiar?
There is NO RIGHT to DRONE.
A bit different when I was an Engineer/Surveyor.
We were still using Vernier theodolites and the Microptic we had was space age stuff
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