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Aviation History
1928
1928 - 1163.PDF
DECEMBER 20, 1928 PRIVA7 FLYING A Section of FLIGHT in the Interests of the Private Owner, Owner-PUot, and Club Member THE LAW IN RELATION TO AIRCRAFT As a subject for a book the law is not attractive reading as a rule other than to lawyers. In an efiort to make it lucid it is usually expressed at inordinate length, involving inordinate repetition, and then it becomes obscure and elu- sive, except to a mind acutely alert and patient. A book on the law which we review here is out of that category alto- gether. Subjected to comparison, it is as clear and intel- ligible as a fairy story. The title is The Law in Relation to Aircraft, and the authors are Mr. L. A Wingfield MC D.F.C., and Mr. R. B. Sparkes, M.C., both Solicitors' of the Supreme Court. Sir Sefton Brancker writes a brief preface. Mr. Wingneld is well-known in the aviation community, particularly in connection with his work for the Institution of Aeronautical Engineers, now associated with the Roval Aeronautical Society. This book is plain enough to be a practical guide, and its possession by all who fly regularly either as a civil pilot or a private owner-pilot will, it seems to us, be a precautionary measure. They should not go far wrong in a legal sense. Much of the information given will already be necessary, and familiar knowledge to those pilots who have passed for either flying licence, but that is not to infer that the book is primarily for those merely contemplating aviation. As far as we can judge, the subject of law in relationship to flying is comprehensively covered, and the law does not stop as a dictator over those learning to fly. The wide freedom of the air can hide legal pitfalls. A pilot can easily trespass whilst in the air, although possessing no desire to infringe upon anybody's legal rights. Legally the air does not belong to everyone, because an owner of land also owns the space above it and the earth beneath the surface, so that strictly speaking an airman always trespasses every time he flies away from the boundaries of his own aerodrome, no matter what altitude he chooses. A Roman law decreed in favour of the owner, and the common law has since been based upon that, although a subsequent qualification was accepted which declared that the owner could not prohibit interferences taking place at such an altitude that he or his land were not affected. This also applied to the earth beneath the surface. The point has been quite a serious legal question, however trivial and ridiculous it may seem. Aircraft do not aggravate the point, though, unless they intrude by landing. Before the <lays of flying there were petty actions in the courts in which imaginative judges or counsel considered the legal position of a future flying machine as a parallel to a case of trespass over space. For example, a man sued his neighbour for trespass because a board from the latter's house overhung the other's land. The judge remarked that if that was trespass then every- aeronaut would be liable for action by the owner of every field he flew over. And he (the judge) did not approve of that. But a later legal observation on the judge's opinion expressed understanding of its good sense, but not of its legal reason. Stunting Exhibitions by Women Miss DULCIE EVANS and Miss Marjorie Douglas, both South African pilots, gave a simultaneous display of stunting at Johannesburg recently. They looped and rolled together and also performed the falling leaf and stalled turns—accord- ing to a local report. Another exhibition was given by Mr. Will Hay, the comedian and private owner-pilot, who is now making a theatrical tour of South Africa. He was the guest of the Johannesburg Light Aeroplane Club. The local agents of the De Havilland Aircraft Co. are placing a D.H. " Moth " at his disposal during his tour. Yorkshire's Club Dance THE Yorkshire Aeroplane Club will hold a dance on January 18 in the Riley-Smith Hall, Tadcaster. Dancing will be from 8 p.m. to 2'a.m. The tickets are 12s. 6d. each. The Air Navigation Act of 1920, however, which primarily applies to the British Isles, though it can be extended to British possessions other than our Dominions, provides that no action can be taken to aircraft on the score of trespassing in the air, if the flight is normal. Action becomes liable in the case of damage when landing or taking off, even though there is no proof of negligence. But if the owner of the land is in any way responsible for the crash of the machine then he is not entitled to damages. The owner of the aircraft is always responsible for damages when there is no question of the landowner having thus con- tributed, but if a pilot is flying a machine which he has hired for more than fourteen days then he is regarded as the owner by the law, unless he is employed by the real owner. Dangerous flying involves the owner of the machine as well as the guilty pilot unless he can prove that he was not at fault. There is a part of Mr. Wingfield's and Mr. Sparkes' book which we would take the liberty of quoting in full as it bears on the current question of the possible overcrowding of airways and the danger of collision. There was a recent discussion on the question at which it was pointed out that private aircraft were crowding on the airways more and more. The amended Consolidated Order declares the following rules under Schedule IV : (a) Every aircraft when flying by compass along the straight line (rhumb line) joining two points on an air traffic route in common use. shall keep such line at least 500 yards on its left. (b) Every aircraft following an air traffic route, which has been officially recognised, shall keep such route at least 300 yards on its left. (c) Ever - aircraft which, in the vicinity of a route frequented by aircraft, is following a line of landmarks such as a road, railway, river, canal, or coastline, etc., shall keep such line of landmarks at least 300 yards on its left. (d) An aircraft shall not fly keeping any of the lines or routes above referred to on its right except at a distance therefrom sufficient to avoid aircraft following such lines or routes in accordance with these rules. (e) When crossing one of these lines or routes above referred to, an aircraft shall cross it at right angles as rapidly as possible and as high as reasonably practicable. The law also warns airmen that when flying over towns the machine should always be at an altitude sufficient to enable it to be landed outside the city, and no stunting is lawful at public events like sports meetings unless the promoters of the events have first obtained permission. In conclusion, we can repeat that this book on aircraft law is justified as a necessary guide. It is published at the reasonable price of 12s. 6d., by Messrs. Longmans, Green & Co., and it is the size of an ordinary novel, which means that it is con- venient for carrying in a machine. It is certainly not a volume to lie for ever in the library. A Bute Aerodrome ? THE Rothesay Town Council has taken up the considera- tion of establishing a local aerodrome following the general Air Ministry appeal. It is stated that the Corporation owns a farm on the western uplands which would make an ideal site for an aerodrome. Lady Heath ON December 13 Lady Heath was presented to the House of Representatives at Washington. She was the only woman delegate at the International Air Conference there. Irish Aero Club CAPT. CROSSLEY has been chosen as instructor to the Irish Aero Club, and the following flying rates have been decided upon : Pilot members, 30s. per hour ; Passenger members, 7s. 6d. Club secretary, Mr. G. FinlayT-Mulligan. 1069
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