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Advice
when out-landing.
Last year saw numerous cases of difficulties
experienced when pilots landed-out in farmers fields.
Such cases are rare but on the increase, primarily
due to the increase in commercial balloon flights
landing in fields, damaging property and paying the
landowner 'on-the-spot' compensation. These practises
are extended to the glider pilot when he inadvertently
lands in a field and is expected to pay compensation,
sometimes amounting to sums far in excess of a reasonable
sum for as a landing fee or as compensation offered
in an insurance claim.
Glider pilots need the co-operation of landowners
to maintain the freedom we have enjoyed to date. Their
assistance and goodwill is imperative if we are to
successfully continue to fly in the way we do now.
What follows is set of guidelines to assist
the glider-pilot in dealing with farmers and landowners
when they land in their fields and to advise of your
rights.
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The fact is that by landing in a field without
first gaining the landowners permission you
are committing an actionable civil wrong,
you are, in the eyes of the law, Trespassing.
With this in mind our initial approach should
reflect our position, in other words, be humble,
polite and apologetic.
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First impressions count and your being there
is going to cost the farmer time if nothing
else, bear this in mind when introducing yourself
to the farmer. Stress that your landing was
unintentional, explain what you were trying
to do and why you have to land in his field.
Emphasis that you will try to ensure you will
be as little trouble to him as possible and
that if he would allow you can remove your
aircraft with the minimum of fuss and trouble.
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If an aerotow retrieve is required, ask the
farmers permission first and explain what
will happen, he probably has no comprehension
of what you are taking about so take time
to explain it clearly.
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Above all do not allow sightseers to wander
into the field and respect the farmers property.
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Many farmers are requesting a landing fee for
both balloons and gliders. Balloons remember
are mostly commercial ventures and may have
up to 20 people on board, the farmer quite
rightly expects a bit of the action. Gliders
are different and you are not being paid to
be there. If the farmer wants a landing fee
do not dismiss him out-of-hand but ask why
he thinks it is necessary. If you have done
no damage, do not require his services to
drag the glider out or to prevent sightseers
wandering onto his property then no landing
fee should be paid; however, consider offering
up to £10:00 as a goodwill gesture for his
trouble and hospitality.
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If damage has been caused to crop etc. then
your glider third party insurance will cover
this damage. Do not offer to pay compensation
there and then and do not admit any liability.
The Landowner or Tenant may claim to have
estimated the value of damage himself and require
you to pay this value. It is very difficult to accurately
value crop damage this is a job for a professional
assessor and your insurance company will arrange this.
Exchange addresses and insurance company names with
the landowner and contact your insurance company as
soon as possible after your return, they will send
an assessor out very quickly to asses the damage and
reimburse the farmer. If possible take photo's of
any damage, this may help in the event of a dispute.
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Several years ago the BGA and the National
Farmers Union agreed a code of conduct for
glider pilots landing in fields, I have reproduced
that code below, it still holds good and recently
the NFU have stated that they do not wish
to change it. At the same time they set a
maximum landing fee for both balloons and
gliders of £3:50. Balloons have since exceed
this figure many times over because of commercialisation,
the figure was set many years ago and personally
I feel £10.00 is about right now.
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If your farmer demands more, refer him to his
local NFU representative, you will not know
who it is but he most certainly will.
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If anyone threatens you personally, or you
feel threatened then call the police immediately.
They will not wish to get involved in a case
of Trespass as this is a civil case, but in
cases where you have been personally threatened
then it is a criminal case and they have to.
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Legally the farmer is not allowed to prevent
you from leaving his property or from taking
your glider with you. He may expel you by
force, but no more than is reasonably necessary
and not before asking you to leave. He may
not confiscate or impound your aircraft, if
he does he is guilty of a form of theft.
A recent case in 1998 demonstrated this
fact when a court injunction was issued to prevent
a landowner from detaining a pilot's aircraft.
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Once the landowner has prevented you from retrieving
your aircraft he has effectively taken charge
of the safe keeping of that glider. It is
a amazing how quickly he will agree to your
removing it if you explain this to him and
point out to him the value of the equipment
he has just impounded.
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Regardless of your reception, be polite, do
not loose your temper and always return after
your retrieve to thank, even the most belligerent
farmer for his trouble. Make sure you take
a note of his name and address and enter this
in the land-out section of the cross-country
book, he will be invited to the next farmers
evening and you never know he might just come
along. In addition, I always like to send
a gift voucher for a trial lesson. If you
have landed out along way from Lasham then
get the nearest club to do it for you, obviously
you will have to pay them but I think it is
worth it. A little extra thank you for what
is really a bit of an imposition for a very
busy farmer.
Hopefully you will not experience any of
the above problems and you will always be blessed
with helpful and happy farmers, they are a good bunch
if you treat them with respect. Remember we need their
help.
Happy landings.
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