Tresspass on farm strips

[Noel Howard]

Nigel,
The large chemical company, for which I used to work, had signs stating "Private property. Legal action may be taken against trespassers." That sounds pretty mild, but most thinking people would be reluctant to take the risk. Also "Danger - Aircraft" might help, though presumably you don't want people to use the danger of aircraft as an argument for not allowing them.
It is interesting to note that the poor chap with a gyrocopter at Long Marston who accidentally collided with and killed a trespasser and was initially charged with murder (later reduced to manslaughter) was eventually found not guilty. Not that we would ever want such a tragic incident to occur on any of our strips or airfields. Still it shows how important it is to keep trespasses out.
Noel.

[mikehallam]

FWIW.

I googled for the UK Air navigation order and found a definition for an 'aerodrome' as any place used for taking off or landing...

AND there's also a piece about vehicles not endangering a/c; also

"PART 19 PROHIBITED BEHAVIOUR
Endangering safety of an aircraft
137 A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft."

mike.

[Nigel Ramsay]

Thanks Guys, some useful stuff here. We walked the strip this afternoon and found a lot of hoof prints! It will be rolled soon and a three ton roller should sort that out. We've designed some signs and as soon as they are ready, we'll be enforcing things!

[ffg]

I quite like the reply you got on the pprune forum - if this chap is walking on an active airfield deliberately with his children, Social Services might be interested in the real possibility that he is putting them at risk of significant harm.

If you call them, best to be totally open about the history of it all, and be prepared that the most they will probably do is ask him in for a chat. However if he persists after that, they might get more interested.

Facts should be documented and eye witnesses should be available if required.

[Trevor Lyons]

Some more legal points:

(i) "Volenti non fit injuria" (no injury is done to those who consent) is a complete defence to an allegation that a person has been injured through negligence; but the defendant must show that the claimant both knew of the risk, AND that he accepted the risk. (A parent can accept a risk on behalf of both himself and his children).

(ii) Unfair Contract Terms Act 1977
s. 2(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
s. 2(3) Where a contract term or notice purports to exclude or restrict liability for negligence, a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.

(iii) As was intimated earlier, the Occupiers' Liability Act 1984 created a new duty of care to be owed by an occupier to "uninvited visitors".

[Gary Carr]

What is classed as private property!
straying away a bit here but bear with me on this chaps!.... i have over 28acres in which i have 2 vans which i have the log books for and might ad that these motors are also on a sorn!.....
Now then i was approached by the police to move these vans as they say these are abandoned veihcles...........abandoned??? i have the log books also the sorn for these!......remark by the police..if these vans are still on the farm in 3 weeks i will be isued with a summons!

Now....... my vans!!!
my land!!!
on a sorn!!!
and i am going to get a summons!!.......private property???????????you think you have problems!! just with people! what is the law??
regards gary

[Steve Brown]

This may help clarify applicable law and your defence options

http://www.ashford.gov.uk/pdf/vehicles.pdf

[Nigel Ramsay]

A quick update on our strip problems - not good news really - There has been such a lot of 'interest' in the planning application for a Polytunnel that the Planning Department have decided to recommend refusal!

Worse however, one of our intended resident flyers decided to land there a week ago last Sunday only to be confronted by a charming chap covered in tattoos, no hair or neck and wearing just shorts. He ran out when our guy was on finals and stood in the middle of the runway making unofficial hand signals! Our man went around and then managed to land as the moron had temporarily succumbed to the call of his can of lager.

He soon rallied however and ran at our man, but when he realised there was no quarter being offered he retreated to the garden. The police were called but seemed to adopt a biased view, asking "You could have landed elsewhere, why did you have to land here?". When it was pointed out to them that a criminal offence under the ANO had been committed, they said they knew nothing of the ANO. They have subsequently found out about the ANO and the matter is ongoing. I have spoken to the CAA Enforcement branch and they want details. (there's a fine photo of this hooligan taken through the prop disc on finals)

However, the bottom line is that both this guy and the other duo who own a Sportcruiser, are no longer interested in moving to the strip as they foresee criminal damage - quite understandable.

Letting people like this win however is altogether very galling!!!

[Steve Brown]

In the Daily Mail today on page 17, there is a story of a man having his car towed away by the police because he had left a window open, making it ' vulnerable to theft' - he had to pay £150 to get it back from the police pound.

So no leaving your cabriolet unattended with the top down then!

Whose side are our law enforcers on?

Truly, the lunatics are running the asylum.

[David Hall]

Well my dog in the MX5 is bu**ered then

[Mike Cross]

Following the interest shown on here I've done a bit of research and produced some advice for the new AOPA UK Website on this subject. Click herefor details. Feedback welcome.