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Dropping of articles.


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BRITISH MODEL FLYING ASSOCIATION

Article 73 of the Air Navigation Order requires that:

‘A person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein.’

THESE APPLY TO ALL MODEL AIRCRAFT AT ALL TIMES, WHATEVER THEIR WEIGHT OR SIZE.

In addition, Article 98 of the ANO requires that:

 A person shall not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small aircraft (defined by the CAA as a model up to 20 kg without fuel  ) so as to endanger persons or property
 
A bit unclear as to whether therefore this means that if you do drop a bomb or similar so as NOT to endanger people or property..... then you are OK.
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I think that the last statement would not be necessary if dropping an article was against the ANO - laws don't usually have to explain themselves...surely this means if you hit someone with your bomb or just miss a CAA official's car with it then you can expect a knock on the door!
 
But I'm not a lawyer so this is only the voice of logic....
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what I am trying to say is that it does suggest that dropping things from models is not allowed if its likely to endager people /property, therefore if things are dropped that do NOT endanger people or property,,, thats OK then ??
 
Of coure the gray area is how can one be sure that people or property will not be endangered. Wind drift, people appearing in flight path etc etc...
 
If a stray toffee hits some little kiddy at the next public show toffee bomber run, is that endangering people
 
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Posted by Timbo - Moderator on 30/09/2009 00:02:11:

 
Of coure the gray area is how can one be sure that people or property will not be endangered. Wind drift, people appearing in flight path etc etc...
 
 I suppose that the onus is on the pilot, in the same way that you are responsible for not endangering persons, property, other aircraft etc. or in the case of 7kg and above, reasonably satisfying yourself that the flight can be made...
 
...and if little Jimmy's parents complain to the CAA or the police about his black eye, yes - the pilot and organisers might well find themselves attempting to justify their actions in court against a charge of contravening article 74 of the ANO!

Edited By Martin Harris on 30/09/2009 00:20:08

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Cheers guys,
 
Article 73 does not apply as i will not be endangering the aircraft or any persons in it!!!
 
FYI. This is what we use to convict persons that shine Laser pens at aircraft! Most cases are pushing for custodial sentences now even if first offence!!!
 
As for Article 98, there has to be an intent or element of recklessness associated with this to commit the offence.
 
As long as i ensure it will be safe to do so and take reasonable precautions then i assume i will be ok.
 
Cheers,
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This is a very clever law- if you drop something and don't hit anyone you are not endangering them.  If you do hit someone you have clearly broken the law.  In other words you are legal as long as nothing goes wrong.
 
I am simply pointing out if you do have an accident dropping bombs you will be indisputably liable- even if the dog did run out from miles away to where you have been bombing all afternoon.  It will be your fault.  Make extra sure you take lots of precautions!
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