PPRuNe Forums - View Single Post - The scene is set - incl Low Flying rules and Is there a 'cultural divide'?
Old 31st Jul 2006, 15:13
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Flying Lawyer
 
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By coincidence, I spent the weekend in Wales and, as The Hardwick is an easy 20 mile drive from the house, went there for Sunday lunch and looked at the scene of the event described by TOT - or non-event, depending upon your point of view.

Setting the Scene?
I can’t help wondering if TOT was there when the Robbie landed - or has ever been there.

“the pub is on the edge of the A40 main road”
No, it’s not.
It’s at the side of a B road - the B4598.
It was the main road many years ago – until the A40 dual-carriageway was built.

“the village pub”
It's not in a village.
It’s in the middle of the countryside, surrounded by farm land.
It was a run down pub until last year when the present owner bought it and turned it into a restaurant. There's a small bar, but it's certainly not a ‘village pub’.

Multimap link: http://uk.multimap.com/p/browse.cgi?pc=NP79AA
In Map view, it’s just below the red circle where a winding lane emerges from the direction of the A40.
If you switch to Aerial view, the red circle is immediately next to the restaurant.

“Along comes a shiny yellow Robinson R22, Lands in a small car parking space ALONG SIDE side the cars”
Not according to the owner.
He says the helicopter landed on the grass.
The grass area is adjacent to the car park at the side of the property.

No-one showed or expressed any concern. Everyone seemed to enjoy seeing it, “it added a bit of interest.”

I didn’t ask what Royston drank – partly because I wouldn’t expect the owner to know or tell me even if he did and partly because Royston has already said it was non-alcoholic.

It was the only time a helicopter has landed at the property. The owner wasn’t asked for permission in advance but it didn’t cause any problems so wasn’t bothered.
He would prefer to be asked.


Various legal points raised:

Land-owner's Consent
I haven’t actually looked it up but I can’t remember seeing any law which requires a pilot to obtain a land-owner’s consent before landing.
It’s obviously good practice, but that’s a different matter.

Rule 5
I haven’t seen anything, either in this discussion or at the location, which suggests a breach of Rule 5.

Trespass
The commonly seen signs warning that "Trespassers will be Prosecuted" are virtually meaningless. Simply going onto someone’s land without permission is not a criminal offence.
There are certain specified circumstances where trespassing is a criminal offence. eg Trespassing on railway lines, on some military property, trespassing with intention of residing on the property or with the intention of disrupting lawful activity on the property.
A land-owner may have grounds for a civil claim against you for trespass but, unless you damage the land by (eg crops) any damages would be nominal.
The risk of being sued is remote provided you don’t cause any damage.

I wonder what it is about the British mentality which makes us so quick to criticise other pilots and claim they've flown illegally.




The Restaurant
Owned and run by chef Stephen Terry and his wife Joanne. He worked at a number of top London restaurants before moving to Wales and (I think) earned a Michelin star for another restaurant in the area before setting up the Hardwick.

Food: Outstanding. Imaginative dishes cooked to perfection.
Wine: Good range at sensible prices.
Service: Perfect. Friendly and efficient.
Décor: ‘Country pub’. No fancy trimmings – but you’re not paying fancy prices.
Location: In the beautiful Usk valley just outside Abergavenny.
Cost: Average £30-35 head for 3 courses with wine. (Main courses £10-17) Good VFM given the quality.
FL Rating:


Highly recommended - by road or air.
The grass area is fairly tight – not suitable for for an inexperienced pilot IMHO (as Royston says above.)
I didn’t look for it but apparently there’s a small airstrip the other side of the road.


FL

Last edited by Flying Lawyer; 31st Jul 2006 at 15:48.
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