What laws apply when in a hot air balloon?
What laws apply when in a hot air balloon?
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Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
Humour me here! biggrin
If one was up in a hot air balloon, would the normal 'laws of the land' apply?
I'm not talking about homicide, fraud, etc.

Just curious as a colleague and I have been randomly discussing this, and we can't find anything definitive on the net.

pugwash4x4

7,651 posts

244 months

Tuesday 26th October 2010
quotequote all
what laws are you talking about?

they are covered by significant portions of the ANO (Air Navigation Order)- but wouldn't recommend reading it as its a little dry in place

Gargamel

16,129 posts

284 months

Tuesday 26th October 2010
quotequote all
Boyles

Eric Mc

124,797 posts

288 months

Tuesday 26th October 2010
quotequote all
Normal English/Scottish civil and criminal law would apply if you are in UK airspace.

Obviously, the balloon operator will have specific legislation under which he operates the balloon as well as all the normal contract, taxation and commercial regulations one must adhere to if in business.

Do you plan to murder someone when you are "in the basket" - so to speak smile

Just because your feet aren't on the ground doesn't mean you become exempted from the law of the land.



Edited by Eric Mc on Tuesday 26th October 11:52

Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
pugwash4x4 said:
what laws are you talking about?

they are covered by significant portions of the ANO (Air Navigation Order)- but wouldn't recommend reading it as its a little dry in place
I'm not referring to any of the rules of the air as such.
I'm thinking of what one could 'get away with' whilst in the air, that you couldn't when on the ground.
Or, do the same rules and laws apply if you are in UK air space?

Eric Mc

124,797 posts

288 months

Tuesday 26th October 2010
quotequote all
Smallend said:
pugwash4x4 said:
what laws are you talking about?

they are covered by significant portions of the ANO (Air Navigation Order)- but wouldn't recommend reading it as its a little dry in place
I'm not referring to any of the rules of the air as such.
I'm thinking of what one could 'get away with' whilst in the air, that you couldn't when on the ground.
Or, do the same rules and laws apply if you are in UK air space?
See my post above - or read "Death in the Clouds" by Agatha Christie.

Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
Eric Mc said:
Normal English/Scottish civil and criminal law would apply if you are in UK airspace.

Do you plan to murder someone when you are "in teh baskey" - so to speak.

Just because your feet aren't on the ground doesn't mean you become exempted from the law of the land.

Obviously, the balloon operator will have specific legislation under which he operates the balloon as well as all the normal contract, taxation and commercial regulations one must adhere to if in business.
Thanks, Eric.
Just what I was looking for. Damn...
So a bookies floating 3 feet off the ground still has to pay taxes!
(That wasn't the concept we were bouncing around by the way!)

Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
Gargamel said:
Boyles
laugh Thanks!

prand

6,230 posts

219 months

Tuesday 26th October 2010
quotequote all
Like many craft, I would have thought the main rule is that the pilot's word is final, adn if he/she tells you to do, or not do somethiny, you have to comply or risk being tossed (and I type this next workd carefully), out.

biggrin

Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
prand said:
Like many craft, I would have thought the main rule is that the pilot's word is final, adn if he/she tells you to do, or not do somethiny, you have to comply or risk being tossed (and I type this next workd carefully), out.

biggrin
hehe Are you suggesting that if the pilot says something is OK, then anything goes?!

Eric Mc

124,797 posts

288 months

Tuesday 26th October 2010
quotequote all
Smallend said:
prand said:
Like many craft, I would have thought the main rule is that the pilot's word is final, adn if he/she tells you to do, or not do somethiny, you have to comply or risk being tossed (and I type this next workd carefully), out.

biggrin
hehe Are you suggesting that if the pilot says something is OK, then anything goes?!
If you are in UK airspace, you are under normal UK law. If you are in a UK registered aircraft in international airspace (highly unlikely in a balloon - if you are then you might have more things on your mind than the legal situation), then UK law will still apply.
If you are in a non-UK registered aircraft in international airspace, then the law pertaining to the nationality of the aircraft will apply.

If you CRASH on UK territory, the investigation will be overseen by the UK investigatory authorities with international input invited if necessary.
Look at the Lockerbie incident to see how complicated the matter can become - US registered aircraft brought down by a criminal act whilst in UK airspace and crashes on Scottish soil.

Edited by Eric Mc on Tuesday 26th October 12:10

Smallend

Original Poster:

431 posts

260 months

Tuesday 26th October 2010
quotequote all
Definitely not planning on crashing...
Seems that our cunning plans may well need some watering down!

Thanks for the input chaps

prand

6,230 posts

219 months

Tuesday 26th October 2010
quotequote all
Smallend said:
prand said:
Like many craft, I would have thought the main rule is that the pilot's word is final, adn if he/she tells you to do, or not do somethiny, you have to comply or risk being tossed (and I type this next workd carefully), out.

biggrin
hehe Are you suggesting that if the pilot says something is OK, then anything goes?!
Nope, as said elswhere the pilot has to be sticking to normal laws/rules too.

Eric Mc

124,797 posts

288 months

Tuesday 26th October 2010
quotequote all
Smallend said:
Definitely not planning on crashing...
Seems that our cunning plans may well need some watering down!

Thanks for the input chaps
There has even been a VAT case concerning hot air balloon flights.

Simpo Two

91,360 posts

288 months

Tuesday 26th October 2010
quotequote all
Eric Mc said:
There has even been a VAT case concerning hot air balloon flights.
If the flight is from (say) England to France, is that portion of the journey outside the UK exempt from UK VAT? I doubt it but it is interesting to consider:

If one is paying a fee for said flight, let us say £1,000, we presume that VAT is calculated on that portion of the balloon flight within UK territorial waters... but does one assume the flight is a straight line from take-off to landing, or plot the route accurately thereby allowing an accurate calculation of proportional VAT...?

Eric Mc

124,797 posts

288 months

Tuesday 26th October 2010
quotequote all
Simpo Two said:
Eric Mc said:
There has even been a VAT case concerning hot air balloon flights.
If the flight is from (say) England to France, is that portion of the journey outside the UK exempt from UK VAT? I doubt it but it is interesting to consider:

If one is paying a fee for said flight, let us say £1,000, we presume that VAT is calculated on that portion of the balloon flight within UK territorial waters... but does one assume the flight is a straight line from take-off to landing, or plot the route accurately thereby allowing an accurate calculation of proportional VAT...?
VAT is charged at Standard Rate on balloon flights.

The case was over whether a hot air balloon flight could avail of the general exemption for VAT that applies to passenger transport in aircraft, busses and trains.

The judge said that a balloon fl;ight was "transport" in the normal meaning of the word in the sense that the flight was not undertaken in order to transport a person from a specific destination. It was more in the nature of a fun fare ride and therefore should be VATted accordingly.

john_p

7,073 posts

273 months

Tuesday 26th October 2010
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I think this is why "introductory flights" in power/vintage/gliders etc are termed "trial lessons" (and generally include some sort of basic training)

Davel

8,982 posts

281 months

Tuesday 26th October 2010
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Laws of gravity?