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Except that at 10' asl, the pilot could not possibly see the submarine and therefore did not intend to overfly it.
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Maybe, but rule 5 (3) (b) says:
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(b) The 500 feet rule
Except with the written permission of the CAA, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.
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There's nothing about intention here. So you are in breach of the law if you are within 500 feet of a submarine or a caver, whether you know they're there or not. And saying you're on a 0.0000000000000001 degree approach to land doesn't excuse you. The exception for landing is 6 (a) (ii):
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(ii) Any aircraft shall be exempt from the 500 feet rule when landing and taking-off in accordance with normal aviation practice or air-taxiing.
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Note "normal aviation practice" and not "playing games with the law".
Interesting these mind games, what?