Drone law question
Author
Discussion

Raccaccoonie

Original Poster:

2,797 posts

42 months

Sunday 26th February 2023
quotequote all
Watching a drone auditor on YouTube I have a question.

Re the CAA website

"If you fly your drone low over someone’s land without their permission, you could be liable in trespass, even if you do not personally go onto the land (although this is generally a civil rather than a criminal matter)."

What is low?

If you disrupt people on the land, wouldn't that fall under aggravated trespass, which is a criminal matter?

Far Cough

2,472 posts

191 months

Raccaccoonie

Original Poster:

2,797 posts

42 months

Sunday 26th February 2023
quotequote all
Far Cough said:
Thanks , that's where I got my information in the first point.

whatmoretyres

93 posts

228 months

Sunday 26th February 2023
quotequote all
I think this is the old one of how much of the sky do you own above your property, coming from an aspect of aircraft trespassing from ages ago. I seem to recall they said up to 30ft above your roof is yours and anything over that people can pass through. Don’t use this as legal advice though

paddy1970

1,317 posts

132 months

Sunday 26th February 2023
quotequote all
There are no defined heights. If the land owner finds your drone to be nuisance, they may take you to a civil court to seek redress.

It really depends on circumstances. For example, I was flying my drone by the seaside the other day and you could not hear the drone flying 10 meters overhead. Yesterday, I was flying my drone 75m over my friends neighbour field and they came across to tell me that it unsettled their horses.

You just have to be mindful and respectful. If someone complains, just apologise and move on.

Mr Miata

1,219 posts

73 months

Sunday 26th February 2023
quotequote all
It’s no different to an EasyJet or Ryanair airliner flying past overhead. You don’t own the airspace above your house.

Drone laws are determined by the weight of the drone. If the drone is under 250g then it can go anywhere except airports, prisons and sports stadiums.

Decent drones, like those made by DJI, have built in GPS. The drone knows where those no fly zones are and it allow you to fly into them. If it really was a no fly zone.

The crux is, how are you going to enforce your complaint? When a drone can be up and down and the owner moves on within seconds. I’d prefer police time and resources spent on investigating real crimes.

Ive used a drone in a park and high up it’s silent and because of its range, they wouldn’t know where I was. People didn’t even notice it (and I) was there.

Edited by Mr Miata on Sunday 26th February 12:13

mikef

6,158 posts

274 months

Sunday 26th February 2023
quotequote all
OP, this may be worth a read: https://skykam.co.uk/my-neighbour-is-flying-a-dron...
If the landowner can claim that you are interfering with their peaceful enjoyment of their property, and can identify you as the operator, they can take private action for trespass; then it’s up to the court to determine both reasonableness and acceptable operating height. As the article says, they should have asked you to cease flying over their property as a first step. Another consideration is privacy, given that most drones have decent cameras these days - are you taking pics of anything that the landowner might prefer to keep private?

Edited to answer your second question. A drone cannot be flown nearer than 50m horizontally to a person and that goes up to the 120m ceiling for drone flight, so like a big cylinder. That’s air law, not a civil matter


Edited by mikef on Sunday 26th February 12:41

surveyor

18,596 posts

207 months

Sunday 26th February 2023
quotequote all
There was a recent supreme court decision where visual intrusion was held to be nuisance. In this case it was from a viewing gallery on top of a high rise building, overlooking people's apartments.

That was a severe case. But if someone was flying a drone in close proximity every day.....

rfisher

5,049 posts

306 months

Sunday 26th February 2023
quotequote all
Lots of estate agents and surveyors now use drones.

Presumably there's a whole world of pain rules for commercial use of drones?

Anyone here jumped through those hoops?

QBee

22,106 posts

167 months

Sunday 26th February 2023
quotequote all
Re the comment about unsettling horses...

I used to live in rural Norfolk, not far from RAF Marham.
Eurofighter Typhoons used to come over us really low level and do ear-shattering vertical climbs as part of the their flying exercises.
Our horses ignored them completely.

We lived next to the community playing fields, and a 12 year old kid used to visit from time to time and fly his kite on the playing fields.
My horses went ballistic, racing around their field wild-eyed, because of course the kite was coming to get them.

Out on the rural roads, a 38 tonner could pass them with no issues, yet a guy shovelling stones on his driveway caused them to bolt.


Sorry, but I would have an issue with drones above my garden. Our garden is very private, we have no neighbours and high hedges.
As far as I am concerned, drone pilots have no business filming my private garden without my permission.
For the last 10 years primary school children have been playing there.

Mr Miata

1,219 posts

73 months

Sunday 26th February 2023
quotequote all
QBee said:
Re the comment about unsettling horses...

I used to live in rural Norfolk, not far from RAF Marham.
Eurofighter Typhoons used to come over us really low level and do ear-shattering vertical climbs as part of the their flying exercises.
Our horses ignored them completely.

We lived next to the community playing fields, and a 12 year old kid used to visit from time to time and fly his kite on the playing fields.
My horses went ballistic, racing around their field wild-eyed, because of course the kite was coming to get them.

Out on the rural roads, a 38 tonner could pass them with no issues, yet a guy shovelling stones on his driveway caused them to bolt.


Sorry, but I would have an issue with drones above my garden. Our garden is very private, we have no neighbours and high hedges.
As far as I am concerned, drone pilots have no business filming my private garden without my permission.
For the last 10 years primary school children have been playing there.
But why would a drone operator want to fly over your garden anyway?

People just aren’t as interesting as they think. When there’s far more scenic tourist sites to visit and photograph.

It’s the same with conspiracy nuts complaining about the Government spying on their internet browsing. If some government employee had to watch me, he’d be bored to tears.

Edited by Mr Miata on Sunday 26th February 14:33

mikef

6,158 posts

274 months

Sunday 26th February 2023
quotequote all
Mr Miata said:
But why would a drone operator want to fly over your garden anyway?
And unless the garden is more than a couple of acres, a drone operator would not need or want to be vertically overhead to see / photograph it

Oceanrower

1,250 posts

135 months

Sunday 26th February 2023
quotequote all
mikef said:
Edited to answer your second question. A drone cannot be flown nearer than 50m horizontally to a person and that goes up to the 120m ceiling for drone flight, so like a big cylinder. That’s air law, not a civil matter


Edited by mikef on Sunday 26th February 12:41
If you want to quote the law, you should probably quote it accurately.

You forgot the bit about sub 250g drones…

Raccaccoonie

Original Poster:

2,797 posts

42 months

Sunday 26th February 2023
quotequote all
mikef said:
And unless the garden is more than a couple of acres, a drone operator would not need or want to be vertically overhead to see / photograph it
You still get privacy though even if the drone isn't above you.

mikef

6,158 posts

274 months

Sunday 26th February 2023
quotequote all
Oceanrower said:
mikef said:
Edited to answer your second question. A drone cannot be flown nearer than 50m horizontally to a person and that goes up to the 120m ceiling for drone flight, so like a big cylinder. That’s air law, not a civil matter


Edited by mikef on Sunday 26th February 12:41
If you want to quote the law, you should probably quote it accurately.

You forgot the bit about sub 250g drones…
And to think I passed my drone test and did the air law exam for my pilot’s license smile

Caddyshack

13,866 posts

229 months

Sunday 26th February 2023
quotequote all
Mr Miata said:
QBee said:
Re the comment about unsettling horses...

I used to live in rural Norfolk, not far from RAF Marham.
Eurofighter Typhoons used to come over us really low level and do ear-shattering vertical climbs as part of the their flying exercises.
Our horses ignored them completely.

We lived next to the community playing fields, and a 12 year old kid used to visit from time to time and fly his kite on the playing fields.
My horses went ballistic, racing around their field wild-eyed, because of course the kite was coming to get them.

Out on the rural roads, a 38 tonner could pass them with no issues, yet a guy shovelling stones on his driveway caused them to bolt.


Sorry, but I would have an issue with drones above my garden. Our garden is very private, we have no neighbours and high hedges.
As far as I am concerned, drone pilots have no business filming my private garden without my permission.
For the last 10 years primary school children have been playing there.
But why would a drone operator want to fly over your garden anyway?

People just aren’t as interesting as they think. When there’s far more scenic tourist sites to visit and photograph.

It’s the same with conspiracy nuts complaining about the Government spying on their internet browsing. If some government employee had to watch me, he’d be bored to tears.

Edited by Mr Miata on Sunday 26th February 14:33
This is so true, people hate drones but I don’t believe they really think about why.

Just because a drone is flying it does not mean it is recording. People automatically assume that a drone above a child is something bad…I don’t think kiddy fiddlers get off on a pic of a child playing in the garden from 30 meters above.

sociopath

3,433 posts

89 months

Sunday 26th February 2023
quotequote all
Caddyshack said:
Mr Miata said:
QBee said:
Re the comment about unsettling horses...

I used to live in rural Norfolk, not far from RAF Marham.
Eurofighter Typhoons used to come over us really low level and do ear-shattering vertical climbs as part of the their flying exercises.
Our horses ignored them completely.

We lived next to the community playing fields, and a 12 year old kid used to visit from time to time and fly his kite on the playing fields.
My horses went ballistic, racing around their field wild-eyed, because of course the kite was coming to get them.

Out on the rural roads, a 38 tonner could pass them with no issues, yet a guy shovelling stones on his driveway caused them to bolt.


Sorry, but I would have an issue with drones above my garden. Our garden is very private, we have no neighbours and high hedges.
As far as I am concerned, drone pilots have no business filming my private garden without my permission.
For the last 10 years primary school children have been playing there.
But why would a drone operator want to fly over your garden anyway?

People just aren’t as interesting as they think. When there’s far more scenic tourist sites to visit and photograph.

It’s the same with conspiracy nuts complaining about the Government spying on their internet browsing. If some government employee had to watch me, he’d be bored to tears.

Edited by Mr Miata on Sunday 26th February 14:33
This is so true, people hate drones but I don’t believe they really think about why.

Just because a drone is flying it does not mean it is recording. People automatically assume that a drone above a child is something bad…I don’t think kiddy fiddlers get off on a pic of a child playing in the garden from 30 meters above.
Maybe the ones protesting are the kiddy fiddlers not wanting to be found out getmecoat

motco

17,345 posts

269 months

Sunday 26th February 2023
quotequote all
It is sub 250g if it has no camera. If it has a camera and is <250g registration is required unless it is a toy. What is the definition of a 'toy'?

Tankrizzo

7,916 posts

216 months

Sunday 26th February 2023
quotequote all
I dread to ask, but what is a 'drone auditor'?

Byker28i

84,034 posts

240 months

Monday 27th February 2023
quotequote all
motco said:
It is sub 250g if it has no camera. If it has a camera and is <250g registration is required unless it is a toy. What is the definition of a 'toy'?
it's 'or' doesn't have a camera
You do not need to register if you’ll only use a drone or model aircraft that weighs below 250g and is a toy or does not have a camera.
https://register-drones.caa.co.uk/individual

The CAA defines where it's likely to be classed as a toy
https://register-drones.caa.co.uk/registration-req...

It's easy to get an operator ID for the sub 250g drones, i.e. DJI ones.