Rotorhead B to the CAA
I am the holder of a CPL(H) and PPL(A).
I feel the current 500ft from person, vessel, vehicle or structure wording should be retained - I think that having a minimum height of 500 feet would reduce the flexibility in helicopter operations enormously; having a 500ft 'bubble' around things is just as safe and a lot more flexible. In the same air of flexibility, the reduction of the fifteen hundred foot rule to one thousand feet (the ICAO version) seems to be a good idea.
I do however think there's a possibility of confusion with the various paragraphs:
5 (1) is about congested areas and gatherings of more than a 1000 people;
sub-para (b) seems to allow me to fly at (say) 250ft over the upwind edge of them, particularly as 5 (2) starts with "Elsewhere", so it only applies in places other than a congested area and gatherings of more than 1000 people.
Then 5 (3) chips in and says that an aircraft can't take-off or land within 1000 metres of the congested area or gathering.
In sum, this implies that if there's 1001 people standing around, I can fly as close as I like to them, as long as I can alight clear if the donkey conks, but I can't take-off or land within a kilometre of them, even if I'm heading in entirely a different direction. But if there's only 1 person standing in the middle of a field, no matter what I'm doing I can't fly nearer than 500 feet to him.
To get the spirit of the regulation, with 5 (1) and (2) in force, I think (3) is not required. I.e. it shouldn't matter whether I'm taking-off, landing, flying straight and level or hover-taxying, the only important provision is that I must be able to safely alight clear of any gathering/congested area/person vessel vehicle or structure, if the power unit fails.
Response from Mr McGregor
Thank you for your comments on the discussion paper on Rule 5, and I have noted your views on the 500 ft and 1500 ft aspects of the rule.
You have made some perceptive remarks and if it were a simple world the rule would be just as you say. I want to protect people and property in congested areas, and in line with the ICAO rule, gatherings of 1000 persons as well, hence the minimum height of 1,000/1,500 ft and the glide clear/ alight safely aspects. Elsewhere, in the open countryside only the 500 ft rule will be applicable. However, the existing Rule 5 (1)(d),which is very complex, has the effect of prohibiting aircraft from landing in the car park at an> agricultural show, unless there are adequate safety measures in place; hence my para (3). You can't fly as close as you like to a crowd, because you have to comply with the 500 ft rule. Unless, that is, you are landing or taking-off - hence the para (3) to protect the gathering from aircraft landing and taking-off at the event, except when there are adequate procedures in place.
Rotorhead B comments: I still think that the 'elsewhere' can and will be interpreted to mean "if you're not over a crowd, the 500 foot rule applies, if you are then it doesn't", though Flying Lawyer would have a more accurate opinion on that bit.
And I don't like the idea of the additional bit about the take-off/landing within 1km of a crowd. For example, a farmer deciding to hold some sortofshow in his field will effectively cause his neighbour to not be able to use his strip/helipad, even if the flight path is directly away from the event. (I reckon any 500'/1000' above a fixed object rule should preclude theneighbour from flying near the crowd, without the imposition of this extra bit.)