Do aircraft (and vehicles) have land access rights under the Land Reform act in Scotland? I was under the impression it only have access to humans.
Maoraigh, the excluded conduct you’re thinking of is Section 9 (f):
being on or crossing land in or with a motorised vehicle or vessel (other than a vehicle or vessel which has been constructed or adapted for use by a person who has a disability and which is being used by such a person)
For some reason, whether by oversight or design, aircraft are not excluded and pursuant to Section 1(6),
Access rights are exercisable above and below (as well as on) the surface of the land.
Might a court not rule an object travelling on wheels, propelled by an engine-driven fan, IS a motorized vehicle, whether it has wings or not?
I never have, and don’t intend to, read the act.
(Is it acceptable grammar to use two tenses, with same spelling, as one?)
Jacko wrote:
But what’s the law in England, and in Europe?
In Germany it depends on the classification of the airfield. If it’s a Verkehrslandeplatz it has to be open for traffic during the published hours and there is AFAIK no easy and legal way for the ground operator to turn away individual aircraft that could otherwise land at the particular field (MTOW, noise certificate and runway performance would be the key aspects I guess). But what Peter wrote above
But pilots are mostly highly scared respectful of authority, and those in authority tend to be very good at being assertive.
Holds true even more for German pilots, hence most wouldn’t land if some Flugleiter claimed they couldn’t.
Of course if it is a Sonderlandeplatz we’re talking about, then the AFISO can indeed turn away aircraft that didn’t request PPR AFAIK, because then the “private land” argument actually becomes meaningful. For a Verkehrslandeplatz it doesn’t matter who owns the land, the certification of the airfield as such puts certain legal obligations on the owner. That doesn’t mean that the owner can’t mess with you in some way in the ground though.
Jacko wrote:
But what’s the law in England, and in Europe?
In Sweden the landowner’s permission is always required. But I am almost completely sure that if the airfield is published in the AIP (as most small airfields in Sweden are) without a PPR notice, then permission is implicit and can not be arbitrarily withdrawn over radio.
