Who owns the air?
On December 17, 1903 Orville and Wilbur Wright capped four years of research and design efforts with a 120-foot, 12-second flight at Kitty Hawk, North Carolina - the first powered flight in a heavier-than-air machine.
We all live in a world where aircraft, aviation and flight are commonplace, and we are all (mostly) accepting of seeing activity in the skies above which, above 500ft, is designated as general aviation airspace.
But what about the air below? Does anyone own it? Do they have rights to it? And should this be controlled, if so, how?
There are many varying responses to these questions, from all over the world, and as the drone industry takes off it's an important subject that we continually discuss at DronePrep.
Here's an article on Unissu looking at how Air Rights have historically been defined:
https://www.unissu.com/proptech-resources/the-origin-of-air-rights
This is the first in a number of planned articles designed to open discussions on low-level airspace.
If you have any info/insight/opinions as to airspace and air rights where you live or work, we'd love to hear from you.
Captain, FAA ATP, EASA & UK CAA ATPL, Gulfstream GIV, Learjet 45/75, Phenom, Military & Civilian Flying Instructor, UAS pilot ,Aeronautical Engineer, Future Flight & Green Technology, Photo & Technical Journalism, MRAeS
4 年All low level flights below 500' must be NOTAM'd or posted on a common system like CADS. https://www.baesystems.com/en/product/cads
Founder at Osinto | Director at Blackthorn
4 年It’s a *really* interesting question Claire! And an issue I suspect will only become more contentious over time. As you say, in General Aviation (GA) in the U.K. - 500ft Above Ground Level (AGL) and above it’s fairly clear cut (as I understand it at least) - a landowner doesn’t legally own this airspace above their property - though many believe they do. A GA aircraft is entitled to overfly as long as flown in accordance with rules set out in the Air Navigation Order. But with drones in this new ‘low airspace’ - below 400ft - things are no doubt a lot more complex and dynamic. I’d be interested to see how larger, type certified drones operating BVLOS in otherwise VFR airspace are treated by regulators? Are they granted the same ‘rights’ as a GA pilot when above 500ft? It looks like Windracers had a temporary Danger Area established to cover their Ops from Solent to the Isle of Wight - I wonder what the next evolution of this will be to establish more regular airspace corridors? Just a NOTAM as you’d have for a GA air display, perhaps? Interesting also to consider what impact such corridors might have on other airspace users too.