your only in breach of rule 5 if you intentionally over fly a person who is visable.
Some stalkers tried to get an aircraft done for a rule 5 bust for over flying them and the judge rule that they were in camo gear and if the pilot can't see you then they have no way of being able to avoid you.
That was in a Scottish court so its common law now in Scotland. So if they were sitting behind a cairn or wearing DPM or clothes that blend in you can just say you didn't see them. If you had of seen them you would have avoided them.
But to be honest this is a mute point when the rules change with EASA because you won't be able to go below 500agl unless TO and landing unless your MIL.
Last edited by mad_jock; 13th Jan 2013 at 20:16.