Legal to shoot down neighbours drone? Post Reply

[Denwand]

I'm only half kidding...

I live near a large park. Just after Christmas I noticed a drone buzzing over our garden at about 10 meters high.

"Someone's child's Christmas present" I thought "probably someone in the park trying it out for the first time" and I just ignored it.

However with the better weather it seems to be flying more and more - usually on a Sunday. We hear the buzzing noise and see it zoom over ur and my neighbours gardens... but,unnervingly , it occasionally drops to as low as 5 meters before zooming back again.

I have scanned the open area and not seen anyone with a remote control box and it seems to disappear after five minutes away from the park so I suspect it's someone else who lives on the estate,

I am beginning to get cheesed off and a little "spooked" by this activity - I know these things have cameras and , although I'm sure it's innocent, compare it to a stranger coming into my private garden for a "nose around" as well as taking a video to peruse at their leisure.

My ever-practical-husband said "well jf someone has bought a brand-mew drone toy- then I will buy a brand new air-rifle and practice some ant-aircraft activity!"

Again this was said jokingly but I wonder what the legalities are here-someone flies an airborne camera over your property (perhaps with sinister intentions) are you entitled to "down it"???

[Denwand]

No replies as yet - I guess many out there think I am off my rocker!

However it is definitely not just me, none other than Richard Madeley has had the same problem...

http://www.bbc.co.uk/news/uk-england-cornwall-36036902

It looks like these "peeping Tom" devices, although mostly innocent, will become more and more of a problem!

[duck20]

I would not be happy if I were you.

I just found an article:

http://www.telegraph.co.uk/technology/n ... rones.html

it says: At the moment, there is nothing to stop you going and buying a drone and taking it out flying, as long as the drone weighs less than 20kg and you are not using it for commercial reasons. However, you must avoid flying it within 150 metres of a congested area and 50 metres of a person, vessel, vehicle or structure not under the control of the pilot.

So based on this I'd say you do have a case, however really how can it be policed? Police resources are stretched enough at present so would they even be interested in your complaint?

[KatherineHepburn]

Can you send the kids out with a bunch of Nerf guns the next time it flies over? Seems a fair target if you ask me

[Annabel (admin)]

Hi
Similar article in today's Telegraph.

Richard Madeley (from Richard and Judy fame) was buzzed whilst clipping toe nails!

http://www.telegraph.co.uk/men/thinking ... -personal/

[Denwand]

Ha! Thanks for the responses and information all.

I was particularly interested that a drone cannot fly within 50 meters of a property - well this drone was only 5 meters above the ground and 10 meters from our house at one point.

We, like others, have our curtains open during the daytime so it could easily get a very clear shot inside our bedrooms ( or even bathrooms since as we are not overlooked the majority of the windows are not even frosted). This "peeping Tom" aspect does concern me, they are more than capable of filming my teenagers in various states of dress.

Then of course there is the criminal side of things - what better way to see what we have in our private areas and work out a way to get in? Once filmed who can control how many see the footage and freeze-frame at various interesting points? The whole thing gives me the shudders.

My husband, who has always had a military "bent" has mow suggested installing an anti-aircraft battery consisting of multiple "Air Bombs" that you normally see on bonfire night and zoom up to explode at 10 meters high...just as a warning to any drone operatives!

[MPSBatterseaSgt]

Hello all,

While it is not illegal per se to own and fly a drone, there are many restrictions around their use.

A few that are relevant here:

-They must not be flown out of sight of the operator.
-They must no be flown within 50 metres of any vessel, vehicle person or structure not under the control of the person in charge of the aircraft.

The relevant legislation is in three sections under the Air Navigation Orders of 2009.

They can also be used to facilitate other offences such as assault, harassment or voyuerism.

We are trying to build up patterns of offending and intelligence. If its use is persistent and it's flying that close to your property I would urge you to either ring 101 or report at your local police station.

With respect of police being interested in the complaint; yes we are. Admittedly, after one drone report, an investigation beyond trying to identify other witnesses, CCTV or forensics is not going to go very much further. But multiple reports, with people and property being put in danger will trigger a more detailed investigation. It is likely that we would start working closely with the Civil Aviation Authority in such a case.

This goes for all crime though. About 60% of all crime goes unreported to police. It's only by getting a decent picture of where crime is happening that we can know where our cops are needed.

Regards,

Nathan

PS It is most certainly not legal to shoot one down!

[papinian]

PS It is most certainly not legal to shoot one down!

If a drone is hovering in the middle of my back lawn, 10m above the ground, 2m within the boundary of my property in every direction, what law am I breaking by using an airgun (or bow and arrow) to shoot it down?

Looking forward to hearing from you.

[papinian]

PS It is most certainly not legal to shoot one down!

If a drone is hovering in the middle of my back lawn, 10m above the ground, 2m within the boundary of my property in every direction, what law am I breaking by using an airgun (or bow and arrow) to shoot it down?

Looking forward to hearing from you.

Still waiting for an answer to this from plod.

[ExitPursuedByABear]

I would be very tempted to down it!

Without wishing to sound hysterical, I have a toddler and hate the idea of someone flying one into our own garden where she should be able to play safely.

They're effectively weapons if they go out of control, as this very sad article shows. Who's to say it won't suddenly malfunction?

http://www.bbc.co.uk/news/uk-england-he ... r-34936739

[Denwand]

Thanks again for all the interesting replies - especially from MPS about "Anti-Drone-Artillery" !!!

One point which may be a legal unknown...what if my husband lets off an air-rifle round and just "wings" the damn thing and it goes out of control straight into the face of my innocent next door neighbour???

I think this may be a case for the Police helicopter!

[MPSBatterseaSgt]

Thanks again for all the interesting replies - especially from MPS about "Anti-Drone-Artillery" !!!

One point which may be a legal unknown...what if my husband lets off an air-rifle round and just "wings" the damn thing and it goes out of control straight into the face of my innocent next door neighbour???

I think this may be a case for the Police helicopter!

That's an excellent question and one that seems quite at home in a police promotion exam!

The air rifle shot itself is ok as long as the pellet stays within the boundary of your property and the shot is not within 15 metres of the centre of a public highway causing upset or inconvenience to people using it.

The striking of the drone itself by an airgun pellet causing it to crash would be criminal damage.

If it goes out of control then I would say that the responsibility would lie with the operator given that they are not supposed to be flown within 50 meters of a person who is not the operator in the first place.

In all seriousness though, please do report any such drone incidents to us. As I've already stated this is a relatively new phenomenon, and we are trying to build up an intelligence picture. You're not wasting our time reporting this to us.

Thanks,

Nathan

[papinian]

The striking of the drone itself by an airgun pellet causing it to crash would be criminal damage.

Plod is wrong.

Section 5(2)(b) of the Criminal Damage Act 1971 provides for a defence of reasonable excuse to charges of criminal damage.

It is a trespass to place a chattel on the land of another. The chattel doesn't have to be touching the ground for this to be the case. Scaffolding that overhangs the property of a neighbour has been held to be a trespass and the property owner that erected the scaffolding liable in damages. Just as reasonable force may be used to remove a person trespassing, reasonable force may be used to remove a chattel such as a drone.

It's not my fault as owner of the property that I can't pick up the drone myself (because it's in the air and because of the risk of being cut by the rotors) and that I have to use a missile to take it down.

This point has already been litigated in other jurisdictions with similar trespass laws.
http://www.copblock.org/146434/judge-di ... own-drone/

The Met really need to cop themselves on (no pun intended).

[MPSBatterseaSgt]

There is a whole area of the law and lawyers now that specialise in drones and the associated issues like privacy. I would certainly be tempted to attack ( "just by accident" of course Sergeant Nathan ) one that was hovering around my property... . Brave new world eh.

I think most would be tempted, especially where there was an invasion of privacy.

Let us know if it happens though, we'll do our very best to get to the bottom of it.

[richard.denning]

Whatever you do, DO NOT report a drone to the police. They won't do anything, but the only reason they want you to report it is so that IF you finally lose your rag and shoot it down, they know who to prosecute. It's perfectly ok for perverts and paedophiles to come onto YOUR land and film your children coming out of the bathroom, or to case the joint for the purposes of theft, but if you want to stop them, forget it. The police are only their to protect the villains. If you report it, you're done. There's never going to be ANYTHING you can do. Your property and your kids are now at risk and the police won't care unless the villain is at risk.