Is this illegal?

StuartH

StuartH

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Stuart
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Just wondering if this video is breaking any laws etc?..We generally dont get on with our neighbours(long story) and whilst practicing with the phantom the other night noticed them out filming the quad with their phones,no doubt to complain! I dont fly low or up in their garden but inevitably they are going to be caught in some footage if they are outside.My other half also heard one of them next door today making sarcastic comments about flying "Toy" helicopters!:rolleyes: Just want to know how I stand..this video will give you an idea of where I am flying.Any advice appreciated.

 
No idea about the privacy issue.

Somebody near me has a 'flying thing' and they're pretty noisy machines. That said if it was an equally loud petrol strimmer or chainsaw it would be accepted I guess.

They fly it about here although it's quite rural. I snapped it when they were flying over our ground........

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Can't comment on the legality of anything here, but that's a great rig up would love something like that. We have a silly neighbour near us, I would love a rig up like that, but I would rig up the copter with my dogs used poop bags. I would hover over them and poop bomb them hehe. Keeping things legal, of course I would not. I have neighbours that come out with similar comments, when I am taking photos of the scenery in our garden. I tend to ignore them, as it's generally a reaction they are after !
 
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As I say I dont fly late and its only for short periods,their dogs bark all day and all night! lol
 
several issues come to mind bearing in mind anyone only owns the land they are on , not under or over it such as air space.

Of course there may well be issues about noise -intrusion on private property - spying on neighbours etc etc.
I do have to wonder why antagonise an already delicate situation and possible make it worse when there must be public open spaces to fly in anyway.
my advice would be to join a model flying club and take their advice
 
Not trying to antagonise anyone..I just want to know if I can fly from my own garden.I dont always want to drive somewhere and dont think a few minutes a day practicing from home is hurting but if it was an issue then no I wont bother.
 
Just found this.....Scotland sounds different to England and Wales

http://www.balfour-manson.co.uk/new...airspace-is-your-garden-privacy-under-threat/

Recent technological developments mean that it is time for a fresh look at the law of private airspace. In future your online purchase could be delivered by a drone. Even today it is easy to buy a toy-sized remotely-controlled helicopter capable of overflying property, hovering in gardens and outside windows and sending back real time video. Just enter “toy helicopter camera” into your favourite search engine and see what there is. But can your neighbour just buy a toy helicopter with a camera and use it to take a closer look at your home or business?

In Scotland, the vertical boundary of landownership is from the sky to the centre of the Earth (a coelo ad centrum). In 1977 the High Court of England & Wales held (in Bernstein v. Sky Views and General Ltd) that the practicalities of modern aviation made it necessary to “restrict the rights of an owner in the airspace above his land to such height as was necessary for the ordinary use and enjoyment of his land and the structures upon it, and to declare that above that height he had no greater rights in the airspace than any other member of the public.”. But in Scotland the old rule of unlimited airspace ownership is considered still to be the common law (See Professor Kenneth Reid – The Law of Property in Scotland). The landowner’s rights are limited only to the extent that specific legislation applies.

The (UK-wide) Civil Aviation Act 1982 denies the landowner any remedy for “trespass” or “nuisance” “by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of such flight.”. The specific legal restrictions on small unmanned aircraft (such as toy helicopters) include: no flights unless the person in charge reasonably thinks it is safe to do so and maintains “unaided visual contact” sufficient to navigate safely. If surveillance kit (a camera) is aboard, more restrictions apply, including the need to stay at least 30 metres away from “any person”, except the craft’s controller, during takeoff and landing (Air Navigation Order 2009). Flying over or near residential premises with an onboard camera may amount to “intrusive surveillance” requiring authorisation under the Regulation of Investigatory Powers (Scotland) Act 2000, an authorisation that can be given only for police surveillance for criminal investigation purposes. Any use of a surveillance camera is also likely to come under the Data Protection Act as there is likely to be other information with which the images can be combined as “personal data”. Passing satellites, whether from the UK or another party to the UN Outer Space Treaty, are dealt with by the Outer Space Act 1986.
 
Can't think that flying a 'camera' near to your neighbours homes is ever going to win you any best neighbour awards ... they will likely always wonder what you are looking at and feel 'at risk' and annoyed. Can't you find somewhere less confrontational to use it?
 
Hear what your saying Gramps but as you see in the video no neighbours were out hence why I took it out for some practice.Yes of course there are lots of places but just getting used to it for now and didnt think it was unreasonable to fly around the rear of my house.
 
I wouldnt fly it in the neighbourhood, especially around houses - what if you catch someone getting undressed or kids getting undressed. You'll have more to worry about than just your neighbours.
 
If they are getting undressed in the back garden that really isnt my problem and cant see it happening tbh as the public walk up and down there anyway!.Its hardly like i am flying right up to peoples windows snooping!:rolleyes:
 
Ok How about I fly without camera attached then from my garden?
 
I think it's great, I always wanted a helicopter just could not afford one. If you lived next to me, I would not be bothered at all if you flew it near my house. Besides we always have a real life size helicopter with big letters saying POLICE hovering by most days and nights near our house, this is fitted with a brilliant search light and cameras etc. So a little diddy helicopter flying by would not bother me at all, I would probably knock at yours and ask if I could have a go.
 
StuartH said:
If they are getting undressed in the back garden that really isnt my problem and cant see it happening tbh as the public walk up and down there anyway!.Its hardly like i am flying right up to peoples windows snooping!:rolleyes:
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Weirdly, I think it can depend who sees who in what state of undress. If I'm out in my back garden naked (never gonna happen!) and either of our female neighbours see me, I'm flashing but if they're out in their gardens with their baps out and I see them, I'm a peeping tom...

I think that I would be very wary of flying over any area where there's a possibility of causing injury should the thing get "shot down" by someone with a transmitter on the same (or near) frequency or should the talent/ambition curves cross. IIRC, Manchester Plod got into some hot water a few years ago for using a surveillance drone and a non certified operator but that was probably something to do with it being technically commercial use.

Unfortunately, s#17 happens and if it does, there are several fans on those 'copters for it to hit!
 
Presumably, as well as the rules about flying within the vicinity of structures and people listed on the CAA site, you're also bound by the normal photography rules, e.g. people having a right to privacy in private spaces. If they're in a garden that is fenced off, without public access, then presumably they are within their rights to expect not to be photographed.

By law you own the sky above your house, but it's not a public place. Presumably you also need permission to overfly their property if you're below a certain height.
 
You could just say you were using your phantom to film these people who were filming you with their phones?

Seems mad these people could complain "looks these guys were videoing us - look at this video".
 
Yep my thoughts to..no one was out when I was flying to start and you can see on video I wasn't just filming them I was looking all around
 
StuartH said:
Yep my thoughts to..no one was out when I was flying to start and you can see on video I wasn't just filming them I was looking all around
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From their point of view it's the same as you putting up a video camera on a 15' pole (on your property), pointing at their bedroom window and you using the defence of "But I'm not watching it".. it's the capability you demonstrate rather than the actual fact of what you're doing that will wind people up. People like their privacy. And given that you don't get along anyway, you do seem to be making a determined bid for numpty of the month.. ;)

If controls are tightened on the flying of these devices, it will be entirely due to the perceived problem of those flying without consideration of other peoples feelings about privacy - but no doubt the fliers will fail to see the problem they've created for themselves and will bleet endlessly about it when it happens.
 
I'm sure I saw on another thread that drones have to be 50ft from anyone other than the operator at all times except during take off and landing and 30ft at those times - unless you've got a wide garden this may be difficult to acheive
 
Alastair keep your insults to your self mate please.I wouldnt have asked about the legalities if I wasnt bothered about others,law etc.It was quite a straight forward question in the original post and if you cannot answer with some degree of civility dont bother:cool:
Yes Pete seems to be the case so will cease from flying my quad from my garden.
 
Carlh said:
I wouldnt fly it in the neighbourhood, especially around houses - what if you catch someone getting undressed or kids getting undressed. You'll have more to worry about than just your neighbours.
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StuartH said:
If they are getting undressed in the back garden that really isnt my problem and cant see it happening tbh as the public walk up and down there anyway!.Its hardly like i am flying right up to peoples windows snooping!:rolleyes:
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The thing is, and we've seen it several times, it's perception that matters. It's not what you are actually doing.

Looks fun, though.

Cheers.
 
posiview said:
The thing is, and we've seen it several times, it's perception that matters. It's not what you are actually doing.

Looks fun, though.

Cheers.
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I understand and fair point..like I say I wont use the quad with camera attached out there again but if I want to take outside in my garden and fly it I will but as said doubtful I will even bother.I will steer clear of going near their gardens if I do so hopefully wont be an issue.
 
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I don't know if it's legal but I want one of these even more now. Very tempting...!

PS have you thought of going stealth by painting it black and disconnecting the LEDs? ;-)
 
lol no I need all the help I can to see it!!
 
You pretty much know my views. I'd be inclined to just fly the small one at home as a happy medium and try and keep it low just to get some practice in but if you think they will be d*cks about it (and sounds like they are as they can't control their dogs anyway so will always incur my favour:p) then play it by the book. Doubt they could do much on the camera thing as we looked up yesterday but distance rules are in their favour. Another battery for the big one looks like 25 notes- don't know the flight time but if you picked up another 1-2 and took both quadcopters somewhere you should get a reasonable outing.
 
Dr_O said:
You pretty much know my views. I'd be inclined to just fly the small one at home as a happy medium and try and keep it low just to get some practice in but if you think they will be d*cks about it (and sounds like they are as they can't control their dogs anyway so will always incur my favour:p) then play it by the book. Doubt they could do much on the camera thing as we looked up yesterday but distance rules are in their favour. Another battery for the big one looks like 25 notes- don't know the flight time but if you picked up another 1-2 and took both quadcopters somewhere you should get a reasonable outing.
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Hi mate yes thats pretty much what I think i will do...grab another couple of batteries and take off in the car to fly it.I did intend to do this anyway onece more accustomed to it but hadnt envisaged any issues so quick from flying around my garden etc.I would place a bet that if they had got one they would be out there flying it all over the area but hey ho..
 
Haha, yes, I can imagine- I know the type well:D

Sounds like a good plan. On a side note, I remembered that custom building one would also allow me Nick to make one that I can pack away by some method for trips abroad as one use will be for rock climbing but will see how x4 goes
 
dinners said:
JFlying over or near residential premises with an onboard camera may amount to “intrusive surveillance” requiring authorisation under the Regulation of Investigatory Powers (Scotland) Act 2000, an authorisation that can be given only for police surveillance for criminal investigation purposes
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Um. the RIPA applies only to public bodies, not private companies or private individuals (unless they are acting on behalf of a public body, such as a detective hired to conduct an investigation by a local council).

There may be other legal issues, but there is no requirement for authorisation under the RIPA.
 
Summarising-
- if your neighbours are d*cks, then you have issues
- if you can't fly, you have issues
- if you can't fly and your neighbours are d*cks then you're in real trouble:LOL:
- if your neighbours are cool and you can fly then it's fine
- if your neighbours are cool and you can't fly then you have a potential monetary understanding:p

PS I will not argue this in court for anyone;)
 
mmmmmm I'll say to again incase you missed my earlier post. Flying this close to another house or people is illegal. It's against the ANO and potentially you're setting yourself up for a fine & problems
 
it would be a good idea to see if there is a local model flying club in your area and seeing about joining it membership usually includes insurance which could be useful if you do fly it near property or people

the local flying model club that is near me has their own flying field and tend to use that it's a bit of a no no to fly models in local parks etc although it does happen on occasion
the biggest problem with flying models in public places is the crowd they attract ( usually kids ) thats when things can get problematic and in this sue nation we live in insurance is a must
 
It's noisy enough that regular flying near someone else's house is best avoided especially now it's open window and garden season.
A lot of the camera-related issues are invention, it's no more 'illegal' than any other photography.
If you used it to spy on topless sunbathers behind a hedge the situation would be the same as holding a camera on a long stick I guess. :snaphappy: :exit:
 
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