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(as agreed with the NFU and the CLA) 2005 Edition 3

Introduction

It is vital that there is co-operation on both sides to obtain the goodwill of pilots and farmers. It is hoped that a smooth relationship can be achieved if both parties adhere to the recommendations listed in this Code of Conduct. The fifty local and regional BBAC Landowner Relations Officers 'LRO' network in conjunction with the NFU representatives and CLA regional secretaries are keen to facilitate better co-operation and communication between pilots and farmers and accordingly have drawn up the following Code:

In this Code the word pilot shall include pilots, owners or operators. The word farmer shall include farmers, landowners or occupiers.

A. FOR PILOTS

1. Insurance

From 1 April 2005 under EEC Legislation typical minimum insurance covers for balloons are:
  • Private (3 to 6 occupants): £1,200,000 and
  • Commercial (5 to 16 occupants): £2,400,000.
No pilot should be allowed to participate in an organised event without evidence of adequate insurance. Event organisers will check that all Pilots have effective cover in Great Britain. All balloons should be inspected by a BBAC Inspector every year or 100 hours. This inspection is currently free to BBAC Members for private balloons although travelling and expenses may be charged.

2. Flight Planning

  1. Do not fly unless you are reasonably certain that your flight path will be over country which is suitable for landing. From May to August pilots should avoid flying over large areas of standing cereal crops in light wind conditions.
  2. Pilots should have maps marked with up-to-date sensitive areas covering the planned flight. This information is available in the Pilots (Monthly) Circular issued to all pilot members and other members on request. Pilots flying outside their usual area should contact the local 'LRO' before flying. On completion of a flight, please report to the local LRO any information that may be useful for other pilots.
  3. Organisers of balloon meets should include a reference to this Code of Conduct in their literature and should explain the main requirements at pre-flight briefings.

3. The Take-Off

  1. Always obtain permission from the landowner before driving on to a field.
  2. Check that during the climb-out immediately downwind of the take-off site, the balloon will not have to fly low over livestock. Remember that animals in adjacent fields can be easily frightened resulting in injury that may or may not be apparent at the time and thereby causing the farmer to suffer loss.
  3. Climb to above 500ft as soon as possible to avoid unseen animals downwind.
  4. Pilots should brief their crew and any other helpers regarding the position of field gates on landings.

4. In the Air

  1. The Air Navigation Order requires that an aircraft (balloon) must not fly closer than 500ft to any person, vessel, vehicle or structure except where taking off or landing. Use of the quieter liquid fire burner is recommended when coming below 1000ft to find a suitable place to land. Pilots should try also to avoid flying low over livestock and respect all sensitive areas.
  2. If it appears that livestock have been disturbed for any reason, note the location of the incident and check the cause and after effects with the appropriate farmer as soon as possible after landing. If the pilot cannot locate the farmer then approach the local 'LRO' (who will have access to local NFU Group Offices or CLA Regional Offices). If this still proves unsuccessful then seek assistance from the local police station

5. The Landing

  1. Select a landing field that should cause the least possible inconvenience to the farmer. Particular care should be taken during the spring and summer months when standing crops (including long grass for making hay or silage) cover large areas of the countryside. Remember the risk of fire when landing in dry conditions from July to September and extinguish pilot lights before touchdown.
  2. Ensure that the ground below and ahead is clear of livestock, overhead power lines, buildings or other property that could be damaged and is not a sensitive area.
  3. If an emergency dictates a choice between landing in a growing crop or disturbing animals, opt if possible for the crops since any damage is likely to be capable of easier assessment.
  4. Immediately after landing take all reasonable steps to discourage onlookers from coming on to the field since damage caused by such inquisitive bystanders in tramping crops may be considerable.
  5. Pilots should never make tethered flights or re-inflate the balloon in the landing field or carry out an intermediate landing unless they have obtained permission to do so from the farmer.

6. Record and Retrieve

  1. Always contact the farmer, or in his absence a responsible agent (for instance close family or an employee), and obtain details from them giving authorisation to retrieve the balloon. This should be done before the pilot allows his vehicle to come on to private property. Always use a Landing Record card approved by the BBAC, NFU/CLA with all the relevant details.
  2. Any request made for a retrieval fee should be negotiated along the lines of BBAC, NFU, CLA guidance given from time to time.
  3. If the pilot is unable to contact any appropriate person then he should leave his Landing Record Card in a sensible place and take all reasonable measures to obtain the farmer's name, address and telephone number and contact him as soon as possible afterwards.
  4. Pilots should ensure that all farm gates are left as they were found.

7. Post Flight

  1. If contacted by a BBAC 'LRO' for further information about a particular flight, then the pilot should co-operate by providing details as soon as possible. If a claim is being made against the pilot's insurance policy then notify insurers immediately. If the claim is likely to be within the pilot's Excess on his policy the parties are strongly recommended to attempt to negotiate and settle the matter once the farmer has satisfied the burden of proof showing that the damage sustained is most likely to have been caused by the balloon in flight or on landing.

B. FOR FARMERS

  1. It is important that farmers are courteous and co-operate with the pilot. If there is any difficulty encountered then the matter should be handled with tact and the services of the representative organisations should be utilised.
  2. Where a Landing Record Card is delivered to a farmer then in return the farmer should agree to provide his own details to identify himself.
  3. Whenever there is a difficulty with retrieval of a balloon, then the farmer should give reasonable assistance as requested by the pilot to ensure that it is recovered as soon as possible without damage. Any extra expense that is incurred in helping the balloonist should be reimbursed on a reasonable basis to be fixed at the outset.
  4. Farmers are reminded that it is illegal to impound balloons. Any damage caused to the balloon by the farmer is recoverable by the pilot through the County Court. Once the farmer has received sufficient details from the Landing Record card he should not unreasonably object to the retrieval of the balloon.
  5. If any damage has been caused then the farmer and balloonist should attempt to agree a statement of facts as to the alleged damage that has been caused at the scene of the landing. If it is possible to discuss settlement there and then to prevent future delays through correspondence then cross refer to paragraph 7.1 above.
  6. Failing other local practice any request for a recovery fee (which is accepted without prejudice to any potential claim for damage caused) should be £3.00 per head in the basket with a minimum of £10.00.

The BBAC has a national Landowner relations officer, his job is primarily to co-ordinate the work of the local landowner relations officers but should you require any information then email him at nlro@bbac.org.