78(9) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 68(3), C9S. (b)the person for the time being managing the aerodrome or a person authorised by him for the purpose, determines that that occasion or series of occasions should be so disregarded. (4)A scheme under this section may authorise or require local authorities to act as agents of the relevant manager in dealing with applications for and payments of grants and may provide for the making by the relevant manager of payments to local authorities in respect of anything done by them as such agents. 12, 17). Subject to subsection (3) below, where material loss or damage is caused to any person or property on land or water by, or by a person in, or an article, animal or person falling from, an aircraft while in flight, taking off or landing, then unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect, or default of the owner of the aircraft. 2007/598, art. . 131(2) (with art. (b)paid to the relevant manager by the operator of the aircraft in question. 1999/1750, art. S.I. (8)A relevant manager who receives penalties under a penalty scheme shall make payments equal to the amount of those penalties for purposes which appear to him to be likely to be of benefit to persons who live in the area in which the aerodrome is situated. Take your favorite fandoms with you and never miss a beat. These rules are similar to the Highway Code for roads. does not include the council of a county. . 79(1): Functions transferred (S.) (1.7.1999) by S.I. "Intent is to be presumed from the act itself. . Statutes such as the Air Navigation Act 1920 and the Civil Aviation Act 1982 provided protection from actions in trespass or nuisance by reason of aircraft flight over property at a reasonable height above the ground but did not attempt to refine the common law as to the vertical extent of land ownership. 18 (with ss. 2, Schs. Before giving a direction under subsection (1) above the Secretary of State shall consult—. There is no trespass where D enters the land with express or implied permission from C. 106(1), 110(3)(e) (with Sch. 76(4) extended (with modifications) (Overseas Territories) (10.10.2001) by S.I. (7)In this section “local authorities” in relation to England F8. 2007/598, art. It shall only be liable for objects that fall from or if the plane descends too low so as to cause damage to the claimant’s property ”. Nuisance caused by aircraft on aerodromes. 2, Sch. Parliament subsequently reinforced Berstein in the Civil Aviation Act 1982, providing that it is not trespass if the aircraft is flying at a reasonable height. Note that s.76(1) of the Civil Aviation Act 1982 provides that no action shall lie in nuisance or trespass by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable. For example, see Basely v Clarkson (1681) 3 Lev 37, below. (8)The Secretary of State may, after consultation with the person managing a designated aerodrome, by order require him at his own expense—, (a)to provide in an area and within a period specified in the order, and to maintain and operate in accordance with any instructions so specified, such equipment for measuring noise in the vicinity of the aerodrome as is so specified; and. prohibit aircraft of descriptions specified in the notice from taking off or landing at the aerodrome (otherwise than in an emergency of a description so specified) during periods so specified; specify the maximum number of occasions on which aircraft of descriptions so specified may be permitted to take off or land at the aerodrome (otherwise than as aforesaid) during periods so specified; determine the persons who shall be entitled to arrange for aircraft of which they are the operators to take off or land at the aerodrome during the periods specified under paragraph (b) above and, as respects each of those persons, the number of occasions on which aircraft of a particular description of which he is the operator may take off or land at the aerodrome during those periods; Without prejudice to subsection (5)(f) below, a particular occasion or series of occasions on which aircraft take off or land at an aerodrome shall be disregarded for the purposes of any notice under subsection (3) above in respect of that aerodrome if—, on that occasion or series of occasions the aircraft take off or land in circumstances specified for the purposes of this subsection in relation to that aerodrome by the Secretary of State in a notice published in the prescribed manner; and. It shall only be liable for objects that fall from or if the plane descends too low so as to cause damage to the claimant’s property ”. contain such incidental or supplementary provisions as the relevant manager considers appropriate, and. 82(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. . 2, C10S. In section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome) for “level 1 on the standard scale” substitute “ level 3 on the standard scale ”. (2) This section shall have effect in relation to an offence committed after the end of the period of two months beginning with the day on which this Act is passed. If the Secretary of State considers it appropriate, for the purpose of avoiding, limiting or mitigating the effect of noise and vibration connected with the taking-off or landing of aircraft at a designated aerodrome, to prohibit aircraft from taking off or landing, or limit the number of occasions on which they may take off or land, at the aerodrome during certain periods, he may by a notice published in the prescribed manner do all or any of the following, that is to say—. This was backed up by the Civil Aviation Act 1982, which provides that it is not trespass if the aircraft is flying at a reasonable height. . NB Civil Aviation Act 1982 section 76(1) and (2): A landowner cannot make a claim in trespass or nuisance against a plane flying at a reasonable height having regard to wind and weather. A scheme under this section may make different provision with respect to different areas or different circumstances. What does the Civil Aviation Act 1982 s.76(1) say? 2005/1970), art. 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