Rule Breaking

Joined
Dec 23, 2017
Messages
42
Reaction score
6
Location
United Kingdom - Kent
Mornings people, just curious to know, what would happen if someone flew their drone at night who doesn’t hold a CAA license? Also, in areas where you’re not allowed to fly, not airports as that’s just dumb. Buy say English Heritage sites because their prices are ******* stupid!!

Asking for a friend :)
 
Last edited by a moderator:
Firstly you don’t need a CAA license to fly at night you do need night permissions on your PfCO if you plan to fly commercially at night. The second part of your question is more about English Heritage and their rules which are far less draconian than National Trust. They require you to abide by the CAA regulations on separation and want you to get their permission and then to plan it properly like a commercial operation. Lastly they require you to do the flying when the site is closed to the public. All that is fair enough oh and they want you insured and trained. The last bit of their bylaw is probably the rub in that they will treat all drone flights as commercial and charge you. I don’t know how much which is probably why you feel they charge too much and you may well be right. In answer to what will happen to you depends where you take off from. If you take off from public land not EH land and also land there and do not set foot on the EH land there is nothing that can be done as it is perfectly legal the CAA control the airspace not the land owner. On the other hand if you sneak onto their land and operate from EH property then that is trespass you are breaking their bylaws by flying and they are at liberty to sue you. I’m my opinion you would be best served as would the drone community by gaining permission from them this way the drone community builds s working relationship with them and things will tend to improve. I am sure they are able to negotiate on fees and if it really is not commercial they may well bend. They may not either as they are drastically underfunded and mostly don’t charge for site entry so you can’t blame them for trying to raise funds for their sites. Try getting into a National Trust site for free. The main thing is don’t tarnish the Drone Flying community by doing anything illegal and getting yourself in the papers it is hard enough now to find s place to fly a drone
 
  • Like
Reactions: Mr Wings
Firstly you don’t need a CAA license to fly at night you do need night permissions on your PfCO if you plan to fly commercially at night. The second part of your question is more about English Heritage and their rules which are far less draconian than National Trust. They require you to abide by the CAA regulations on separation and want you to get their permission and then to plan it properly like a commercial operation. Lastly they require you to do the flying when the site is closed to the public. All that is fair enough oh and they want you insured and trained. The last bit of their bylaw is probably the rub in that they will treat all drone flights as commercial and charge you. I don’t know how much which is probably why you feel they charge too much and you may well be right. In answer to what will happen to you depends where you take off from. If you take off from public land not EH land and also land there and do not set foot on the EH land there is nothing that can be done as it is perfectly legal the CAA control the airspace not the land owner. On the other hand if you sneak onto their land and operate from EH property then that is trespass you are breaking their bylaws by flying and they are at liberty to sue you. I’m my opinion you would be best served as would the drone community by gaining permission from them this way the drone community builds s working relationship with them and things will tend to improve. I am sure they are able to negotiate on fees and if it really is not commercial they may well bend. They may not either as they are drastically underfunded and mostly don’t charge for site entry so you can’t blame them for trying to raise funds for their sites. Try getting into a National Trust site for free. The main thing is don’t tarnish the Drone Flying community by doing anything illegal and getting yourself in the papers it is hard enough now to find s place to fly a drone

Nice information thanks! EH want £1250+vat for any flight. So are you saying (for example) if I take off outside an EH and fly it over a castle let’s say. We can’t be prosecuted for that?

PFCO - training course... what would happen if I flew my drone at night with out this license?
 
Mr Wings: I would urge caution. If you do something that might be illegal, expect to be prosecuted.

You may know of a recent UK case in which someone sold photos of a steam train via a hobby shop. The police got him and the outcome was a five-figure settlement and could have been even worse.

English Heritage aren’t people to mess with. Watch “Grand Designs” for umpteen examples. In this instance, rule breaking could cripple you financially, setting you back years.
 
African Wildlife: Agreed the difference between them an National Trust is EH are government funded.

Mr Wings: Technically yes you can do a flight like that but UK privacy laws still apply and you could end up in real hot water. you can fly in the airspace over their land not above 400 feet as long as you do not cause a nuisance, infringe their privacy or interfere with the "ordinary use and enjoyment" of the land.
It would be down to a a judge to decide whether or not a drone pilot was infringing these rights, should a case go to court.

A PfCO is purely to allow commercial use of drones which is illegal if you don’t hold one so if you have a PfCO and no night permission you would be liable to prosecution by the CAA or probably the removal of your PfCO
 
Just to cap that off there is no law against you flying at night if you are a hobby flyer but you still have to obey the drone rules as stated
 
Just to cap that off there is no law against you flying at night if you are a hobby flyer but you still have to obey the drone rules as stated

... in the USA.
 

Recent Posts

Members online

Forum statistics

Threads
143,094
Messages
1,467,590
Members
104,977
Latest member
wkflysaphan4