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Old 14th Sep 2012, 21:05
  #26 (permalink)  
Goprdon
 
Join Date: Jan 2006
Location: Alton Hants
Age: 89
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The wally threatening to fly a balloon close to RAF Valley should be made aware of the Article in the "Air Navigation Order"
Endangering safety of an Aircraft
A person shall not recklessly or negligently act in a manner likely to endanger an aircraft or any person therein.
Flying a ballon with the intention of endangering an aircraft can be an offence.

As to the claimants near Wittering I think the case should have been vigorously defended
Shortly after the 1914-1918 war and following some claims for damages for noise nuisance a House of Commons Committee was set up chaired by an MP who later became a Very Important Person. The result was a Civil Aviation Act with a Section headed "Trespass by aircraft and aircraft nuisance,noise etc.".
In the current Civil Aviation Act this is Section 76 and reads:
76__(1) No action shall lie in respect of trespass or in respect of 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 so long as as the provisions of any Air Navigation Order......have been duly complied with.... .
Section 76__(2) of the Act allows for compensation for material loss without proof of negligence where a loss is caused by the flight of an aircraft.

Do military aircraft have the same protection as civil aircraft from the complainers?
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