CHAPTER XXIV

LAWS OF THE AIR

At a recent coroner’s inquest on the death of a young Service pilot in England, an instructor of the flying school at which he was being trained, stated in the course of his evidence that if the pilots--there had been a horrifying collision in mid-air--had only been familiar with aerial rules and regulations, the accident would never have occurred.

In this particular instance one machine had been coming down, while another was just leaving the ground. Both of the pilots were aware of the danger they were in, but neither knew the right course to pursue. Result--collision and death. Had both of them carried out the Royal Aero Club’s regulation: that an aeroplane passing another aeroplane in mid-air must leave at least ten meters’ space between the extreme wing-tips and always pass to the right of the approaching craft, both of them would have been alive to-day.

So very few of the public outside the flying world are aware that, as navigation of the sea is ordered by the Navigation Act, so is the navigation of the air by the Aerial Navigation Acts of 1911 and 1913, and by the rules and regulations of the Royal Aero Club, which latter organization previous to the war controlled all matters aeronautical and still controls the granting of pilot’s certificates.

Even in the ballooning days a charter was drawn up at a conference at Brussels, which ordained that every private balloon--that is to say, one not in the hands of the naval or military authorities--must be registered and have a name and number, which should be printed in large letters on the body of the balloon. The place of residence of the owner must also be stated, and the number and the place of origin be printed in red. Every ascent by a private person must be under the control of a state official. Government balloons, on the other hand, are not expected to carry papers, but private balloons must have a copy of the official particulars and a list of the passengers. A balloon must be identified in the same way as a ship, and must carry a flag, fastened to the net half-way down the balloon, and this must be recognizable both by its shape and coloring, and be properly mounted in position. A journal must be kept and the man in charge must produce his certificate on demand.

These latter rules also apply to airships, but not to aeroplanes. These types of aircraft are too numerous to be able to identify singly, but there are many other rules to which they must submit. For instance--flying over London and similar crowded areas is prohibited; or, in the words of the R. A. C.: “Flying to the danger of the public is prohibited, particularly unnecessary flights over towns, or thickly populated areas, or over places where crouds are temporarily assembled, or over public enclosures at aerodromes at such a height as to involve danger to the public. Flying is also prohibited over River Regattas, Race meetings, meetings for public games and sports, except flights specifically arranged for in writing with the promoters of such Regattas, Meetings, etc.”

If he disregard any of these regulations, the airman is liable to a fine not exceeding £20 and suspension of his flying certificate.

The first Aerial Navigation Act of 1911 was not in reality a Navigation Act at all, but although that was its title, it was described as “An Act to provide for the protection of the public against dangers arising from the Navigation of Aircraft.” The penalties attached thereto were exceedingly heavy and provided that any airman disregarding the Act would be liable after conviction on indictment or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £200, or to both such imprisonment and fine.

The Act included various prohibited flying areas, mostly in the neighborhood of arsenals, munition factories, and naval dockyards, or similar military areas.

Certain conditions were imposed on aircraft landing in this country from abroad, as that the person in charge of the aircraft, before commencing a voyage to the United Kingdom, must apply for a clearance to a duly authorized British Consular Officer. He must make a written application, which states clearly the name and registered number of the craft; the type, the name, nationality, and the place of residence of the owner or person in charge, and of every member of the crew; and the name, profession, nationality and place of residence of every passenger (if any), the nature of the cargo (if any), the approximate time of departure, place of departure, the intended landing-place in the United Kingdom, the proposed destination, and the object of the voyage.

Having settled the matters of procedure, it was further added that “no person in any aircraft entering the United Kingdom should carry, or allow to be carried, in the aircraft, any goods, the importation of which is prohibited by the laws relating to customs; any goods chargeable upon importation into the United Kingdom with any duty or customs, except such small quantities as have been placed on board at the place of departure, as being necessary for the use during the voyage of the persons conveyed therein, any photographic apparatus, carrier or homing pigeons, explosives or firearms, or any mails.”

On the return journey the aircraft is not permitted to leave unless there be at least one British representative, approved by the authorized officer, on board. No photographic or wireless apparatus, etc., shall be carried, and no mails.

Foreign, naval, or military aircraft must not pass over, nor land within any port of the United Kingdom, nor the territorial waters thereof, except on the express invitation, or with the express permission, previously obtained, of His Majesty’s Government.

None of the foregoing orders applies to naval or military aircraft, belonging to, or employed in the service of His Majesty.