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how do we know when you see no model flying posted up as a byelaw that it has been applied for to the home office which i believe it has to be to be legal.As  we are now reconised as a sport how is it we are not provided for  and before someone  says join a club i and a lot of others do not wish to all we want is to go and enjoy our flying as i and many others have in the past.
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I am not a lawyer!
 
But, as I understand it, for a bye-law to be valid, it has to be posted clearly at all the entrances to the sites to which it applies.
 
If there is no notice, the bye-law is ineffective, no matter what the park nark may say! And remember that if he tries to interfere with your freedom of action, he could be liable for it.
 
However, also remember that just because its possible to do something, it is not necessarily *wise* to do it!
 
And please check with a lawyer before you do any of this!
 
--
Pete
 
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I am not a lawyer!
 
But, as I understand it, for a bye-law to be valid, it has to be posted clearly at all the entrances to the sites to which it applies.
 
If there is no notice, the bye-law is ineffective, no matter what the park nark may say! And remember that if he tries to interfere with your freedom of action, he could be liable for it.
 
However, also remember that just because its possible to do something, it is not necessarily *wise* to do it!
 
And please check with a lawyer before you do any of this!
 
--
Pete
 
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Will do Phil.
 
Of note - On the same notice it also says that cycles are not permitted.  Didn't stop the council installing a cycle path though !!
 
 
My understanding of byelaws is that they are there to cover eventualities as necessary and are only generally invoked via reasonable and sustained nuisence and/or complaint.
 
BB
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I remember reading that for any byelaw to be valid it has to be enforced to tha same level as others-that cycle byelaw being ignored could invalidate the model flying one-I think this has already been challenged at a slope soaring site where the byelaw regarding horsey activity was not enforced, but the Council came down on the Fliers.
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  • 2 weeks later...
hi all
   i requested a copy of the bye laws of waltham forest and there was no mention any where of model planes they then sent me a copy of bye laws from other are implying  if it is good enough for them then it is good enough for us they seemed to have forgot that bye laws have to be passed by the home office .one thing i found amusing was if you are not a model plane but full size in an emergency please contact the council first before you try to land.
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The problem will be that any specific meantion of planes will be irrelevent.
 
There will certainly be some legislation somewhere or other which gives the council the right to stop any activity if it is deemed to be a risk/nusance to other park users/general health and safety.
 
This will filter into the beaurocratic mindset of 99.9% of all council employees who will consider the situation and realise there is no real benefit to them in allowing flying, but potentially big lawsuits/complaints/general mithering if it is allowed to go ahead. 
 
This means it will get banned aither officially, or simply by people requiring you to get permission that no one will ever put their signiture to- without ever actually turning you down.
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Andy,
 
99.9% of all council employees do not have a bearurocatic mind set, they do however have a proffesional responsibility within their remit, to provide a public service including amenaties and facilities that the majority of the local community can use and enjoy as council tax payers. After all they are the ones that pay for these things, and have a right to enjoy them. I for one would object, (if as I sometimes do) stroll across the local park. Wilst having to be mindfull of some idiot riding a mini moto or quad bike, or as frequenly happens to a neighbor of mine, waiting for a golf ball to come through his conservatory roof or window every few weeks.

On the question of model aircraft, what is the difference between the foregoing and someone who has just purcahased an RTF trainer powered by a 40 two stroke leaning to fly with no BMFA insurance. All can be just as damaging to a person or property.

If we were to take a responsible attitude as I’m sure most modellers do, and only fly slow light wieght models (park fliers) in public places, there would be no problems and we would not be seen as anti social. Despite this, there are still the minority element that are so arogant that they think flying a larger trainer or aerobatic model is acceptable in a public place. Which after all has been provided for the enjoyment of the majority without nuisence, rather than the minority, which at this point in time we are, regarless of sporting status.

My main point is, as an example, that having given permision for a local group of model fliers to use public land. This permision has been abbused by a minority, who persists in flying turbines in close proximity to a housing estate and shoping center. How therefore is the local authurity able to trust model fliers in general to regulate themselves. It may be that we as a local authority we can slap ASBO’s on those who persit in anti social behavior by flying their larger or faster than reasonable models in public places which could be seen as a waste of public money. Or we could ban model flying in those public area’s completely at no ongoing cost to the rate payers.

Regards,

as a responsible council type person at work and a hooligan in private,

Chris.
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