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5.—(1) Subject to the provisions of paragraphs (2) and (3) of this rule:
(a)An aircraft other than a helicopter shall not fly over any congested area of a city, town or settlement below:
(i)such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within the congested area; or
(ii)a height of 1500 feet above the highest fixed object within 2000 feet of the aircraft: whichever is the higher.
(b)A helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit.
(c)Except with the permission in writing of the Authority and in accordance with any conditions therein specified a helicopter shall not fly:
(i)over a congested area of a city, town or settlement below a height of 1500 feet above the highest fixed object within 2000 feet of the helicopter; or
(ii)over the area specified, below such height as would enable it to alight clear of the area in the event of failure of a power unit, that is to say the area bounded by straight lines joining successively the following points:
Kew Bridge (51°29'11"N 00°17'10"W).
The Eastern extremity of Brent Reservoir (51°34'18"N 00°14'01"W).
Gospel Oak Station (51°33'16"N 00°08'58"W).
The South East corner of Springfield Park (51°34'07"N 00°03'12"W).
Bromley-by-Bow Station (51°31'28"N 00°00'39"W).
The South West corner of Hither Green (51°26'43"N 00°00'38"W).
Herne Hill Station (51°27'11"N 00°06'04"W).
Wimbledon Station (51°25'14"N 00°12'16"W).
The North West corner of Castelnau Reservoir (51°28'52"N 00°14'02"W).
Kew Bridge (51°29'11"N 00°17'10"W).
excluding so much of the bed of the River Thames as lies within that area between the ordinary high water marks on each of its banks.
(d)An aircraft shall not fly:
(i)over, or within 3000 feet of, any assembly in the open air of more than 1000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organisers of the event; or
(ii)below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit and if such an aircraft is towing a banner such height shall be calculated on the basis that the banner shall not be dropped within 3000 feet of the assembly:
Provided that where a person is charged with an offence under the Order by reason of a contravention of this sub-paragraph, it shall be a good defence to prove that the flight of the aircraft over, or within 3000 feet of, the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly.
(e)An aircraft shall not fly closer than 500 feet to any person, vessel, vehicle or structure.
(2) (a) The provision of paragraphs (1)(a)(ii) and (1)(c)(i) of this rule shall not apply to an aircraft flying:
(i)on a route notified for the purposes of this rule;
(ii)on a special VFR flight as defined in rule 23 of these Rules in accordance with instructions given for the purposes of that rule by the appropriate air traffic control unit; or
(iii)on a flight in respect of which a special VFR clearance has been given pursuant to rule 36 of these Rules in accordance with instructions given by the appropriate air traffic control unit.
(b)Paragraphs (1)(d) and (1)(e) of this rule shall not apply to an aircraft in the service of the police authority for any area of the United Kingdom.
(c)Paragraphs (1)(d)(i) and (1)(e) of this rule shall not apply to the flight of an aircraft over or within 3000 feet of an assembly of persons gathered for the purposes of witnessing or participating in an event which consists:
(i)wholly or partly of an aircraft race or contest if the aircraft is taking part in such race or contest or is engaged on a flight arranged by, or made with the consent in writing of, the organisers of the event;
(ii)wholly or partly of an exhibition of flying for which a permission under article 56 of the Order is required, if the aircraft is taking part in such exhibition or is engaged on a flight arrangd by or made with the consent of the organisers of the event and the flight is made:
(aa)in accordance with the terms of a permission granted to the organiser of the exhibition of flying under article 56 of the Order; and
(bb)in accordance with the conditions of a display authorisation granted to the pilot under article 56 of the Order; or
(iii)wholly or principally of an exhibition of flying for which a permission under article 56 of the Order is not required, if the aircraft is taking part in such exhibition or is engaged on a flight arranged by or made with the consent of the organisers of the event.
(d)Paragraph (1)(e) of this rule shall not apply to:
(i)any aircraft while it is landing or taking off in accordance with normal aviation practice;
(ii)any glider while it is hill-soaring;
(iii)any aircraft while it is flying in accordance with proviso (f) of article 43(2) of the Order;
(iv)any aircraft while it is flying under and in accordance with the terms of an aerial application certificate granted to the operator thereof under article 45 of the Order; or
(v)any aircraft while it is flying for the purpose of picking up or dropping tow ropes, banners or similar articles at an aerodrome in accordance with article 42(2) or proviso (e) of article 43(2) of the Order.
(3) Nothing in this rule shall prohibit an aircraft from flying in such a manner as is necessary for the purpose of saving life.
(4) Nothing in this rule shall prohibit any aircraft from flying in accordance with normal aviation practice, for the purpose of taking off from, landing at or practising approaches to landing at, or checking navigational aids or procedures at, a Government aerodrome, an aerodrome owned or managed by the Authority or a licensed aerodrome in the United Kingdom or at any aerodrome in any other country:
Provided that the practising of approaches to landing shall be confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.
(5) Nothing in this rule shall apply to any captive balloon or kite.
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