PPRuNe Forums - View Single Post - Helicopter commander in court for allegedly breaking rules
Old 3rd Jan 2011, 13:52
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John R81
 
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Lost again

You can read the rules online here http://www.statutelaw.gov.uk/content...3&filesize=535

Addressing your question: No, your example does not break the rule regardless of whether the style is a structure.

You are in a helicopter on approach to land. Rule 5(3)(a)(ii) applies. If you continue and land then the rule continues to apply and you have not broken the 500ft rule by landing. When you then decide to abort the landing on finding that the location is unsuitable (or that the unexpected observation fot he style means that you want to rethink the location as a suitable landing site) that does not change the application of said rule.

If you had been practicing approach - with no intention to land - things would be different. As this activity is not within the scope of 5(3)(a)(ii) (it is a practice approach, not an approach to land) and the area is not a Government or licensed aerodrome (see 5(3)(a)(i)) then if the style is a structure you are in breach of the 500 ft rule and liable to prosecution.

If your question was "what is a structure", then the first place to look is Section 1 of the Rules of the Air Regulations 2007; the definitions section. As there is no definition here one then consults the Interprettion Act 1978, Schedule 1 to see if there is a definition of "Structure" contained there Interpretation Act 1978 (c.30) - Statute Law Database (which there is not). Thereafter one considers whether for the purposes of transportation, or for wider purpose, the word "Structure" has been considered by the UK Court, or whether there is from another source an accepted legal meaning of the word. The short-cut here is to consult Burton's Legal Thesaurus, 4E Copyright © 2007 by William C. Burton. The word "Structure" would then be taken to mean a "building, an establishment or an erection". As these have in common the attribution of "man made" one would therefore be able to discount natural phenomina.

Hence a tree is not a structure (it is not man-made), but a post & wire fence is a structure (a man-made erection), as is the style in your example (which is also a man-made erection).

Simples!
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