Web link to document ‘What equality law means for your association, club or society’
Web link to document ‘Your rights to equality as a member, associate member or guest of an association, club or society’
Web link to document ‘equality and human rights commission’
Web link to document ‘Equality Act 2010’
Article 167, (Small unmanned surveillance aircraft)
(1) The person in charge of a small unmanned surveillance aircraft must not fly the aircraft in any of the circumstances described in paragraph (2) except in accordance with a permission issued by the CAA.
(2) The circumstances referred to in paragraph (1) are:-
(a) over or within 150 metres of any congested area;
(b) over or within 150 metres of an organised open-air assembly of more than 1,000 persons;
(c) within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft; or
(d) subject to paragraphs (3) and (4), within 50 metres of any person.
(3) Subject to paragraph (4), during take-off or landing, a small unmanned surveillance aircraft must not be flown within 30 metres of any person.
(4) Paragraphs (2)(d) and (3) do not apply to the person in charge of the small unmanned surveillance aircraft or a person under the control of the person in charge of the aircraft.
(5) In this article ‘a small unmanned surveillance aircraft’ means a small unmanned aircraft which is equipped to undertake any form of surveillance or data acquisition.
NOTE: The provision of data solely for the use of monitoring the model is not considered to be applicable to the meaning of ‘surveillance or data acquisition’.
Disciplinary Procedure guidance
Minor faults or shortcomings in behaviour should normally be dealt with informally by a committee member with a view to reaching agreement on the improvement required. Informal warnings should not form part of the formal disciplinary procedure and the formal procedure would not be followed before an informal warning is given. If, however, the problem persists or if the matter is more serious, action under the formal disciplinary procedure outlined in the constitution should normally be taken.
The disciplinary procedure is intended to provide a formal framework to deal with the situation where an individual’s conduct falls below acceptable standards and to ensure fair and consistent treatment of all members in such circumstances. The procedure outlined is a good practice guide on how clubs should deal with disciplinary issues.
Invitation to a meeting
The committee should set out in writing to the member, the alleged conduct or other circumstances which have led them to contemplate formal action or dismissal and the member should be invited to a meeting to discuss the matter.
The meeting should take place before any action is taken (other than suspension, in the event of alleged gross misconduct or police investigation, to enable a full investigation to take place).
The meeting should not take place until
(i) the member has been informed of the basis for the grounds given in the original notice of formal action or dismissal and
(ii) the member has had a reasonable opportunity to consider their response to such information.
At the meeting the committee should explain the complaint against the member concerned and go through the evidence that has been gathered.
The member must take all reasonable steps to attend the meeting.
After the meeting the member should be informed in writing of the committee’s decision and their right of appeal against such decision to the members at a general meeting if they are not satisfied with it.
If the member wishes to appeal they should inform the secretary in writing within the time frame stated in the decision notice.
The member should set out specific reasons for the appeal.
The Secretary should call an Extraordinary General meeting of the club to hear the appeal
The member must take all reasonable steps to attend the meeting.
The appeal general meeting may take place after the disciplinary action or dismissal takes effect.
After the appeal general meeting the member must be informed of the general meetings final decision.
At any meeting under the disciplinary procedure the member concerned should be given the right to be accompanied by another club member to act in a supporting capacity but such companion may not usually answer questions on behalf of the member subject to the procedure.
The member concerned also has the right to call witnesses or ask questions of any witnesses called by the committee
General principles for the operation of the disciplinary and dismissal procedure
• formal disciplinary action should not normally be taken until the matter has been investigated
• where an allegation of misconduct is made against a member, the member may be suspended from all club activities while an investigation is carried out
• the member should be informed that suspension is a neutral act, that it is not a disciplinary penalty and does not imply guilt
• the member should be advised of the allegations against them and have an opportunity to state their case before any formal disciplinary decision is made
• the member should be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary meeting
• at every stage of the formal disciplinary procedure, the member will have a right to be accompanied at any disciplinary meeting by another club member
• a member should not be dismissed for a first breach of the rules, except in the case of gross misconduct, when the penalty will normally be immediate dismissal
• the member concerned will have the right to appeal against any formal disciplinary penalty
• although the disciplinary penalties which may be imposed under this procedure will normally be imposed in the order set out in the constitution, the procedure may be commenced at any stage if the seriousness of the members alleged misconduct justifies this
As part of any disciplinary procedure, where the committee considers it appropriate to do so, they may impose a disciplinary sanction, which is a penalty. These will generally take the form of some type of warning.
• Verbal warning notice
If conduct does not meet acceptable standards, a member may be given a formal verbal warning. This should set out the conduct problem, confirmation of improvement required and time scale for improvement to be made, together with the assistance to be provided to meet the objectives. A record of the verbal warning will be kept but the warning will be disregarded after usually a six month period (the time frame is dependent on the committee’s decision) provided conduct has been satisfactory.
• Written warning
If the offence is more serious or if there is insufficient improvement after a verbal warning or if a further broadly similar offence occurs whilst a verbal warning remains in force, a written warning may be given. This will set out the nature of the conduct problem and confirmation of improvement required and time scale for improvement to be made, together with the assistance provided to meet the objectives. The warning should also inform the member that should your conduct fail to improve or you commit any further disciplinary offence over the next twelve months, (the time frame is dependent on the committee) then you will be issued with a final written warning. The written warning will be kept on file, and the member should be informed after what time period it will be disregarded providing their conduct, attendance or performance has been satisfactory.
• Final written warning
If there is still insufficient improvement after a verbal and/or written warning has been issued or if the misconduct is sufficiently serious to warrant only one written warning, a final written warning will be given. This will provide details of the complaint, the improvement required and the timescale for the improvement. It will also warn that a failure to improve or any further disciplinary offences over the next period referred by your employer may lead to dismissal or some other action short of dismissal. The final written warning will be kept on file and the member should be informed when the warning will be disregarded provided your conduct, attendance or performance has been satisfactory. • Dismissal or other sanction If there is still further misconduct or a failure to improve conduct the final stage in the procedure may be dismissal.
Examples of misconduct
Examples of misconduct which may lead to disciplinary action being taken include, but are not limited to:
• failure to comply with field safety rules
• breach of club policies and practices
Examples of gross misconduct
The club may consider some types of misconduct to be so serious that a disciplinary warning would be an insufficient penalty. Such offences are known as offences of gross misconduct.
Where the offence is one of gross misconduct the normal penalty will be dismissal without a prior warning being issued (summary dismissal).
Dismissal for gross misconduct will not normally occur until a disciplinary meeting has taken place.
Matters which may justify summary dismissal include, but are not limited to:
• dishonesty, theft and fraud from the club or its members
• deception, for example making untrue statements in membership applications or falsifying expenses incurred on behalf of the club, etc.
• vandalism or sabotage of club equipment and property
• fighting, or seriously disruptive behaviour or offensive or abusive language
• serious misuse of computer, email and internet systems, including posting to club websites or emailing pornographic, offensive or obscene emails to members
• misuse of club financial or other confidential club information
• acts of bullying, harassment or discrimination
• model flying under the influence of drinks, illegal drugs or other intoxicants
• misconduct which may bring the club into disrepute
• serious breaches of the clubs policies, procedures and safety rules
• deliberate or serious damage to the clubs/landowners property or causing loss, damage or injury through serious negligence
• any criminal offence carried out at the club site or during club meetings/events where such offence impacts or may impact upon the club
Web link to document ‘BMFA Getting Started’
The Air Navigation Order (ANO)
The ANO is the legal framework which covers all flying activity in the UK. It is administered by the Civil Aviation Authority (CAA) and has been ratified by Act of Parliament. This means that the ANO is part of the body of law of the UK and, if you break it, you are liable to criminal prosecution.
“A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property”
‘A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft’
THESE APPLY TO ALL MODEL AIRCRAFT AT ALL TIMES, WHATEVER THEIR WEIGHT OR SIZE.
Article 166, (Small Unmanned Aircraft)
(1) A person shall not cause or permit any article or animal (whether or not attached to a parachute) to be dropped from a small unmanned aircraft so as to endanger persons or property
(2) The person in charge of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made.
(3) The person in charge of a small unmanned aircraft must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the purpose of avoiding collisions.
(4) The person in charge of a small unmanned aircraft which has a mass of more than 7 kg excluding its fuel but including any articles or equipment installed or attached to the aircraft at the commencement of its flight, must not fly the aircraft.
(a) in Class A, C, D or E airspace unless the permission of the appropriate air traffic control unit has been obtained.
(effectively in any controlled airspace down to ground level - Ed)
(b) within an aerodrome traffic zone during the notified hours of watch of the air traffic control unit (if any) at that aerodrome unless the permission of any such air traffic control unit has been obtained; or
(c) at a height of more than 400 ft. above the surface unless it is flying in airspace described in sub-paras (a) or (b) and in accordance with the requirements for that airspace.
(i.e. in any uncontrolled airspace. A further point is that ‘above the surface’ means ‘above the point of launch from the ground’ and this has been clarified with the CAA on several occasions - Ed).
Appendix 9. Web link to document CAA CAP 658’
Supplementary advice for younger members
1. As a Junior Member, you are only allowed onto the site when you are with a parent or guardian or responsible adult. This will have been agreed with an adult before you joined.
2. Before arriving at the field to fly, look through the information on the BMFA web site ‘Getting Started’ available at the web address below
3. Keep away from the flying area known as ‘the patch’ when not flying
4. Be careful where you are walking. It’s easy to be concentrating on something, without noticing models on the ground
5. Be aware of running engines. ALWAYS stand behind the propeller unless you are the one starting the engine
6. Only start an engine while under strict supervision. Propellers are dangerous and can inflict serious injuries
7. Take advice if offered
8. Ask questions
9. When your instructor carries out the pre-flight check ask questions practice checking the model over
10. Keep a flight log. This will help you to log your progress and set targets for each trip to the field
11. Enjoy your modelling and flying. It is quite likely that you will at some time crash your model. This is a (fairly) normal thing to happen. So if (when) it happens, learn from your experience and try not to make the same mistake next time!
The BMFA also have a useful handbook on their web site available at the web address below