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Help with "land clear" rule (UK)

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Old 29th September 2024 | 14:09
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Help with "land clear" rule (UK)

Can someone tell me where the exact legal reference for the "land clear" rule is?

All I can find is this (from 2005)

https://www.legislation.gov.uk/uksi/...ngested%20area.

Extract:

"(d)The land clear rule
  • An aircraft flying over a congested area of a city town or settlement shall not fly below such height as will permit, in the event of a power unit failure, the aircraft to land clear of the congested area"

Now, the CAA have told me "this is an old reference"

So...where is the proper up-to-date UK reference for this rule?

Or...does this rule not apply to aircraft in the UK anymore?
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Old 29th September 2024 | 14:53
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From: Bressuire
Now, the CAA have told me "this is an old reference" So...where is the proper up-to-date UK reference for this rule?
It is shocking if you are quoting the CAA correctly. This is an important flight planning issue. e.g.

https://www.legislation.gov.uk/uksi/2005 Rules of the Air Regulations

SCHEDULE 1

SECTION 3LOW FLYING RULE

Low flying prohibitions

5.—(1) Subject to paragraph (2), an aircraft shall comply with the low flying prohibitions in paragraph (3) unless exempted by rule 6.

(2) If an aircraft is flying in circumstances such that more than one of the low flying prohibitions apply, it shall fly at the greatest height required by any of the applicable prohibitions.

(3) The low flying prohibitions are as follows—

(a)Failure of power unit

An aircraft shall not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of a power unit failure.

(b)The 500 feet rule

Except with the written permission of the CAA, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.

(c)The 1,000 feet rule

Except with the written permission of the CAA, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.

(d)The land clear rule

An aircraft flying over a ........ etc

Last edited by Fl1ingfrog; 29th September 2024 at 15:25.
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Old 29th September 2024 | 15:03
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Yes, that is a direct quote from the CAA.

So where is the up-to-date reference?

The Skyway code (see pic)

here:

https://www.caa.co.uk/publication/download/16112

refers to this (2015)

https://www.legislation.gov.uk/uksi/...0150840_en.pdf

but this has no reference to the "land clear rule"

And nowhere in ORS4 is the "land clear rule" mentioned

https://www.caa.co.uk/our-work/publi...miscellaneous/

so...is this "land clear" actually law? or just guidance? Can one be prosecuted for flying over a congested area (above 1,000 feet), but NOT able to land clear??



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Old 29th September 2024 | 16:51
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From: Quite near 'An aerodrome somewhere in England'
See 'UK Standardised Rules of the Air at https://regulatorylibrary.caa.co.uk/...923-2012_1.htm and refer to SERA.5005 para(f).

(f) Except when necessary for take-off or landing, or except by permission from the competent authority, a VFR flight shall not be flown:


(1) over the congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 m (1000 ft) above the highest obstacle within a radius of 600 m from the aircraft;

(2) elsewhere than as specified in (1), at a height less than 150 m (500 ft) above the ground or water, or 150 m (500 ft) above the highest obstacle within a radius of 150 m (500 ft) from the aircraft.
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Old 29th September 2024 | 17:12
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Thanks

This is the reference for being able to "land clear" :

https://regulatorylibrary.caa.co.uk/...12-pdf/PDF.pdf


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Old 29th September 2024 | 17:22
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From: Bressuire
Sorry, I had cut by accident the bit from the RAC that mattered;

SCHEDULE 1

SECTION 3LOW FLYING RULE

Low flying prohibitions

5.—(1) Subject to paragraph (2), an aircraft shall comply with the low flying prohibitions in paragraph (3) unless exempted by rule 6.

(2) If an aircraft is flying in circumstances such that more than one of the low flying prohibitions apply, it shall fly at the greatest height required by any of the applicable prohibitions.

(3) The low flying prohibitions are as follows—

(a)Failure of power unit

An aircraft shall not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of a power unit failure.

(b)The 500 feet rule

Except with the written permission of the CAA, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.

(c)The 1,000 feet rule

Except with the written permission of the CAA, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.

(d)The land clear rule

An aircraft flying over a congested area of a city, town or settlement shall not fly below such height as would permit the aircraft to land clear of the congested area in the event of a power unit failure.

SERA are EU regulations and do not apply to the UK. They may for the time being appear the same but be cautious of this.

Last edited by Fl1ingfrog; 29th September 2024 at 17:39.
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Old 29th September 2024 | 17:43
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Oh right, so the "land clear" SERA does not apply in the UK?

There is this (from 2007)

https://www.legislation.gov.uk/uksi/...ilure.Extract:

(d)The land clear rule

An aircraft flying over a congested area of a city, town or settlement shall not fly below such height as would permit the aircraft to land clear of the congested area in the event of a power unit failure.



So is this is latest regulation? Is this UK law?
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Old 29th September 2024 | 22:20
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From: Quite near 'An aerodrome somewhere in England'
SERA does apply in UK!

See https://regulatorylibrary.caa.co.uk/...923-2012_1.htm dated 2024!

Last edited by BEagle; 30th September 2024 at 07:41.
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Old 30th September 2024 | 07:58
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ok, right. thanks all
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Old 7th October 2024 | 09:38
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From: uk
Land clear.......that's optimistic..
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