Originally Posted by
John Eacott
You are (again) springing to the defence of toy plane operators with little understanding of the other point of view: my comment about the ANO at the time and the violation by a military helicopter further shows that you haven't taken on board that ANOs didn't apply to the military
Oh dear, oh dear. Around the time in question I was doing my PPL (by way of a flying scholarship) at an airfield where there were nearby model flying sites, and we were extensively briefed about the need for us to avoid and be aware of this known hazard. OK, so that was civil rather than military flying, but for that aspect there is not (and wasn't then) any significant difference.n MAA01 chap1, para1 clearly states:
Originally Posted by MAA01
1. The authority to operate and regulate UK military registered aircraft is vested in the Secretary of State for Defence (SofS). Notwithstanding the fact that the majority of provisions of the Air Navigation Order (ANO) do not apply to military aircraft, the Crown could be liable in common law if it were to operate its aircraft negligently and cause injury or damage to property. Furthermore, individuals could be criminally liable if there are significant breaches of the obligations placed upon them.
The MAA wasn't the regulator in the 70s, but this paragraph is not new regulation - it is merely summarising the legal situation which has existed for decades (probably back to the late 40s). Similarly the military do not, and have never had, carte-blanche authority to transmit on any frequency and power on a whim. If you think that to be the case then it's probably just lucky that you've never been caught doing it. Specifically, the military have no general authority to transmit intentionally damaging signals against civilian (non-combatant) targets with malicious intent in the absence of proper orders to do so - if any serviceman/woman does this they would be civilly and criminally liable for their actions.
Finally, I am not posting this to "spring to the defence of toy plane operators" - I am posting this to remind all pilots (civil or military) of their obligations and liabilities.This is a two-way thing, you know. I speak from both sides of this fence - I have been a model flyer, and have also had a PPL (only stopped when marriage and kids re-allocated the spending priorities). I have also been involved in military aviation in various professional capacities for most of my adult life.
I am also posting this to point out that the details of the story as told just don't stand scrutiny, of course.
PDR