Mode Zero

It hasn't happened yet. But it will unless we take action.

The Dartmoor National Park Authority are in the process of updating the bylaws which govern the activities allowed within the National Park. They are for the most part just common sense written into a legal document, BUT...

Here is the current bylaw governing kite and model glider flying on the moor.



18 Kites and Model Aircraft

(i) No person shall fly a kite or model glider from the access land in such a manner as to give reasonable cause for annoyance to any other person or in such a manner as is likely to startle or disturb stock on the land.

(ii)No person shall release any power-driven model aircraft for flight or control the flight of such an aircraft on or over the access land unless he is authorised to do so by the Authority.

(iii) For the purpose of this byelaw “model aircraft” means an aircraft which either weighs not more than 5 kilograms without its fuel or is for the time being exempted (as a model aircraft) from provisions of the Air Navigation Order and “power driven” means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances or by one or more electric motors.



I think it is safe to say that we all support this position.

Here are the proposed new bylaws that might come into force soon.



20 Kites, model aircraft and drones

(i) No person shall fly a kite from or over the Access Land in such a manner as to give reasonable cause for annoyance to any other person or in such a manner as is likely to startle or disturb stock or wildlife on the land.

(ii) No person shall launch any model aircraft or drone from the Access Land unless authorised to do so by the owner of the land and the Authority.

(iii) No person shall operate any model aircraft or drone over the Access Land at a height or location that may disturb stock or wildlife or cause a nuisance to another person.



Please note that model glider has been removed from clause (i) and that power driven has been removed from clause (ii).

This is effectively going to ban model gliding on Dartmoor as the process of obtaining permission from the land owner and the authority is going to be virtually impossible.

We need to act now. If we do not, slope soaring on Dartmoor could be banned by next spring.

There is a consultancy document out now https://www.dartmoor.gov.uk/about-us/wh ... nsultation

Please take the time to look at it and fill it in.

If Dartmoor National Park Authority get away with this, how long will it be before all the other national parks follow suit and then the National Trust too?

Although I don't fly on Dartmoor, as a born and bred Devonian living nearby, I would ask for the support of forum members for this.

Looking at both the existing and proposed bye-laws, it seems to me as if the Authority is trying to take control of the airspace over the park:

"No person shall operate any model aircraft or drone over the Access Land at a height or location that may disturb stock or wildlife or cause a nuisance to another person."

This is already covered by existing CAA regulation.

Further, it seems to me to imply that even if you have taken off from a "legal" spot, you are not allowed to overfly the Park area. Airspace is surely in the jurisdiction of the CAA, not the landowner. As a homeowner, I have no control over what flies over my house. Surely the same must apply to the Park.

If they get away with this, what next: Banning Hot Air balloons? Light aircraft? Transatlantic jets?

However well intentioned, they are over-stepping their authority, and need to be reminded that they are public servants, not their masters!

--
Pete

Are our formally established CAA correspondents (BMFA) aware of this concern ?

The local rep is in the loop on this.

Survey filled in, I would hope it is a misunderstanding of our hobby but suspect it's big brotheritis!

Likewise, survey completed. Notwithstanding the potential aberrations from UK Air Law, there are too many woolly-worded phrases in that document !

Cheer guys, it's all got to help. Thank you.

https://bmfa.org/News/News-Page/Article ... n-required

Latest from BMFA.

Please do take the time to try and stop what is effectively going to be a BAN on model gliding within Dartmoor National Park.

I responded by filling in the form. Like most such forms produced by regulators, it's confusing and inconsistent.

My initial submission was rejected because I didn't fill in two sections near the bottom - both saying 'if you are representing an organisation, give details of that organisation.' I hadn't ticked the checkbox saying I was representing an organisation, but my submission was rejected with the reason, 'this section requires an answer.' So I had to fill in both boxes with 'not applicable', and resubmit.

In my opinion, regulators should be forced to formally consider two points before proposing any new regulations:

• Is there actually some problem that requires new regulation, or is 'the problem' just something dreamt up by someone - 'something that COULD happen' ?
• Is there already some existing law or regulation that addresses the 'problem'? Are new laws or regulations really necessary to deal with it?

Only when there is a real problem which has actually occurred, and caused significant injury, damage, cost, or inconvenience, and there are no current laws or regulations that address the problem activity, would new regulations or laws be permitted.

Of course, that would be sensible, and therefore completely alien to the regulators' way of thinking, but we can dream.

Thank you for taking the time Martin.