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Drone Law UK 2021 PART 2 – Questions answered by a Barrister + BONUS Q&A | BlackBeltBarrister - YouTube
Channel: BlackBeltBarrister
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For us as Barristers, rarely does a moment
go by we don't think about how the law applies
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in any given situation and what we are doing
yesterday was no different I was out enjoying
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the sun flying my dream and lots of little
questions came to mind which to cover in this
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video first of all of you just joining a legal
community new questions of your own don't
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forget to subscribe so you don't miss out
on future videos stick around to the end when
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I'm going to cover up some questions and comments
that have been left in previous video first
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of all going to talk about the broad spectrum
of aviation and Dromore before going into
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some more specific questions that many of
you might have first of all of them might
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be obvious and drone is defined as an unmanned
flying aircraft the larger ones are known
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as remotely piloted air systems unmanned aerial
vehicles unmanned aerial systems all of these
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things are still a drone of some sort another
important definition to think about which
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many of you have asked about whether a drug
can carry something this will relate to the
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maximum take of Max or N.this is an important
measurement because it relates to the regulations
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and it will be the entire mass of the aircraft
as it takes off including any batteries severally
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speaking aviation regulation or aviation law
is split into two main categories firstly
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airworthiness regulation that is to ensure
that their crop is safe to use or safe to
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fly secondly operational regulation which
is all about pilot training licensing and
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so we have airspace which is split into several
classes from a to G depending on the airspace
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class it will determine what level of air
traffic management is required types of aircraft
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and operations and it will also determine
what level of training is required for the
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pilot for example without going into too much
detail in either of the classes taking class
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a as an example it is restrictive for professional
pilots flying sophisticated commercial aircraft
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only with a full air traffic management system
with on the other end of the spectrum in class
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G this is where many drones are restricted
flying 400 feet all lower aboveground looking
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at how aviation law is applied there is broadly
a hierarchy of three levels of regulation
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firstly there is international which when
trouble is too much in this video but this
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is governed by the International civil aviation
organisation there are regional regulators
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such as Europe with the EU aviation safety
agency yes this is important because this
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is where many of the rules have been adopted
from have national regulators for example
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in the UK we honestly have the civil aviation
authority and an important note that since
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the U.K.'s final departure from the EU the
CAA is wholly responsible for the aeronautical
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regulation within the United Kingdom if you
want to hear and admit more about the categories
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I discussed in my previous video which I will
link below but now for some general rules
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and restrictions when flying drones in the
United Kingdom firstly a fairly broad and
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obvious one that the operator of an aircraft
must take any appropriate actions to ensure
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the safety of the operation next and this
might apply to a specific type of flying that
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you're doing that the operator is responsible
for developing operational procedures adapted
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to the type of operation and risk involved
saw the sleep you are doing a certain type
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of flying and is a high level of risk and
you are the one responsible for developing
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the operational procedures that flight the
next one applies to the remote pilot and concern
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the safety of the aircraft itself remote pilot
is responsible for ensuring that the system
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is in a condition to be flown safely for maintaining
control of the unmanned aircraft and complying
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with the manufacturers instructions and the
operators procedures so you can see there
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that the person actually flying the drone
is responsible for each of those things so
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those are worth bearing in mind again with
the remote pilot it is the remote client that
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is responsible to ensure that the aircraft
is flown at a safe distance from people and
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that it is not flown over a crowd of people
against the remote pilot's responsibility
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to ensure that there is a direct line of sight
at all times and that the aircraft is not
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flown out of sight yet must not be flown above
hundred and 20 m from the closest point on
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the Earth service except for certain obstacles
and very important if you are within a flight
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restriction zone it is a protected aerodrome
with government recognition no unmanned aircraft
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may be flown in these areas without permission
and are related some of the questions nothing
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may be dropped from a drone and nothing may
be carrying that is in any way dangerous and
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finally and I think this must be fairly obvious
that operators of drones must not recklessly
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or negligently cause or permit their aircraft
to endanger any person or property as to commercial
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operations before 31 December 2020 permission
was necessary but this requirement has now
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fallen away to add to liability there be many
questions about who is liable and responsible
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for damage to property or injury to persons
so to answer these questions section 76 of
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the civil aviation act 1982 provides for strict
owner or operator liability for surface damage
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and this will include injury to individuals
or damage to property caused by an aircraft
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and strict liability for those that are not
sure is where the intent for something to
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happen is not necessary the mere fact that
it has happened is enough to give rise to
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liability often known as a strict liability
offence in the criminal world here we have
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strict civil liability if you are the owner
operator of an aircraft and it falls from
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the sky causes damage to property or injury
to persons or animal for that matter then
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you will have strict civil liability under
the civil aviation act that gives obvious
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rise to the consideration of insurance but
come back to that in the moment because sticking
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with the civil liability there is an EU product
liability directive which means that if the
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manufacturer turns out to be responsible for
a defective product and this is found to be
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the cause of a crash and damage to property
or injury to persons the manufacturer or the
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important may well be liable and this directive
was incorporated into UK law in the consumer
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protection act of 1987 and for the avoidance
of doubt this will continue to govern product
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liability after bricks also in the event that
there is an air to air collision this is not
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dealt with on a strict liability basis but
in this scenario they would be the finding
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of fault as to who was to blame and honestly
this might be very difficult with the drone
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but that's the basis upon which liability
would be caused there so if there is an air
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to air collision and it's all recorded footage
and one person is clearly responsible then
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they are going to assume responsibility for
the collisions are moving onto insurance as
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an EU regulation that is been retained after
exit the requires all commercial aircraft
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operators including drones to purchase third-party
liability insurance and although most leisure
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drone flying would be excluded from requiring
third-party liability insurance provided that
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the aircraft is under 20 kg I would still
recommend seeking out insurance because it
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is unlikely that your home insurance is going
to cover it unless you seek specific confirmation
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otherwise I would seek out specific insurance
for example the British model flying Association
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provide insurance to its members moving on
to data protection and privacy obviously most
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drones have a camera these days and that one
of the main purposes of having to take aerial
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footage at an EU level there is no data protection
law that specifically relates to drones although
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the rights to privacy and data protection
is part of the ECHR is for the UK is concerned
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we have a retained version of GD PR and of
course our own data protection act and all
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of the EU case law that was current at the
end of the transition period has been retained
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in UK law super hobbies flyers is quite likely
that the use of drone and its attached camera
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will come within the household exemptions
which is where the processing of any data
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is purely for personal or household activity
the ICO has some useful guidance document
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regarding CCTV which are linked below and
important to note that the ICO makes a distinction
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of the use of drones between hobbyists and
commercial flying is also the journalistic
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exemption whereby the processing of personal
data such as photographs and videos May will
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be exempt if they use for journalistic publications
education academic and artistic material by
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way of example just before I leave this topic
of data protection just a brief warning on
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the tort of misuse of private information
if you were flying a drone as a hobbyist in
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a public place and are broadly exempt from
most data protection and GDP are regulations
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quite obviously if you are flying that drone
to specifically capture a specific person
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with a specific type of footage that you are
then planning to publish to cause harm or
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distress to that person this might amount
to the misuse of private information and there
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may still be an action against you in any
event so just bear that in mind another couple
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of questions that come up include whether
or not it would be trespassed to fire drone
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over someone else's property this week looked
right back to 1815 and Pickering and Rudd
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where the court held that it wasn't trespassed
to fly a balloon over someone else's land
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and interestingly enough that it wouldn't
be trespassed to fire a bullet across someone
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else's land unless the bullet landed in which
case it might amount to trespass in that case
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although probably a more relevant and certainly
more recent case in 1978 is Burstein and sky
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views this would provide reasonable authority
that it is not press pass to fly a drone over
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someone else's property finally one or two
questions came up as to whether or not you
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will be allowed to take off your drone on
someone else's land now the strict position
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here would be if the land belongs to somebody
else then you would need permission to take
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off from their land or to land on their land
land there and there are various websites
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that talk about things like this like the
district website has a page that talks about
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various parts of the Peak District owned by
different individuals and strictly speaking
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with the drone you should be seeking permission
from the land owner though in reality as long
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as you are not causing trouble it's not likely
to upset anybody but again as I often say
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this comes down to common sense been courteous
to others and if at all possible seeking permission
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and as a final final warning and breach of
the air navigation order as amended would
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amount to a criminal offence so please make
sure you do your full research as to what
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you are doing when you are flying that you're
not in breach of any of these rules another
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bonus session which I'm going to call questions
in the comments that are doing every video
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at the end of the main segment all you need
to do is put your question in the comments
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with hashtag blackbelt barrister and I'm going
to pick some of those to do in the next video
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at the end of the main segment channel members
are going to come first so if you want to
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make sure you that your question answered
check out my channel membership or my PC on
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I'm going to answer those questions first
let's get into it the first question here
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comes from a channel member Chris TR hi to
Chris this was in response to my video should
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you keep packages delivered by mistake the
question was what if someone is required to
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pay for a package to be returned to the sender
would it be reasonable to expect someone to
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pay for a package they did not order that
if you didn't order something you're not going
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to be required to pay anything to get it returned
to the sender or the owner also on the other
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hand you cannot just keep something it with
reasonable steps you can determine who the
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owner of the thing is all you really need
to do is make it available and give them reasonable
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notice and a reasonable amount of time to
come and collect it from send a curry or something
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like that you are not going to be required
to pay anything to send this thing back if
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you didn't order that's just ridiculous next
we have a question from not an audit can a
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shopping centre security guard use force to
remove someone just for recording now shopping
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centre security guard presuming that the shopping
centre is a privately owned establishment
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the security guard is going to be employed
buying the shopping centre and if they ask
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you to leave let's say for breaking one of
their rules Sanchez: if I ask you to leave
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the breaking one of the rules then it becomes
a private property and you become a trespasser
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if you continue to record and you refuse to
leave they can then use reasonable force to
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escort you off the premises but it must be
reasonable forced to check out my trespassed
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videos for reasonable force in removing someone
as a trespasser likewise in Alex Freeman's
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question could she forcefully remove Charlie
this was in my press pass video a little while
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ago and the answer is yes but again with reasonable
force you can use reasonable force to remove
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the trespasser from your premises next question
is from Lee Winters in my can you take photographs
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in public video question was what about stalking
now I think I briefly address this in the
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video but just in case I didn't obviously
if you are stalking somebody and harassing
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somebody that's going to engage different
sets of laws not just your general freedom
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to take photographs and video in public as
I said in the video there are very few restrictions
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on taking photographs and videos in public
but if you are stalking somebody or harassing
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somebody that's going to engage different
laws and of course that's going to be wrong
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in response to my drone law UK part one video
break Amalek asked the question so does this
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mean that any AI piloted drones or any delivery
drones are effectively banned in the UK broadly
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speaking no AI and delivery drones are going
to be a sophisticated level of flight within
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the UK they are going to require specific
permissions licences insurances and all those
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sorts of things but they're not going to be
out right band that's not the intention of
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the law the intention is to categorise the
level of risks and then determine what levels
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of training and licensing permits and all
of all those kinds of things are required
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and the question on taking photographs in
public runs with the cows asks returning to
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the video traffic incident scenario how can
taking photos or video prevent a police investigation
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so to explain this a little bit further if
the police got a serious incident that they
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are examining or forensically investigating
if you are taking photographs or videos of
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anything like this there is the potential
that is going to affect that police investigation
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there is the potential that it might affect
any legal proceedings that follow such as
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if it hits the mainstream media might end
up affecting the jury or it may just generally
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affect the police in their investigations
on what's going on it may alert various criminal
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groups for example as to what's happening
in the area who was there all of these kinds
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of things so there will be a provision in
law that allows the police to prevent you
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from photographing and filming certain incidents
given appropriate authorisation question about
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the coded 19 vaccines and fines and so on
from Annabel Rankin question Reid could you
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tell me please if EU law allows members to
discriminate against people who do not have
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vaccines and the question goes up and broadly
speaking no discrimination has to be on a
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protected characteristic so it could be something
like age gender sex race religion all of those
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kind of things disability obviously so if
you have a specific reason that is linked
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to a protected characteristic and that's the
reason you haven't had the vaccine and you
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have been discriminated against and it is
linked in that way it could amount to discrimination
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but they are not allowed to discriminate against
you for one of those protected characteristics
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simply refusing to take the vaccine is not
a protected characteristic in and of itself
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it could be if you haven't had it because
you are not in an age group that has been
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designated to have the vaccine and let's say
you've been dismissed from your employment
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because you have had it but you are eligible
to have it then you could be hypothetically
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speaking been treated differently because
of your age group then someone else who has
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not been dismissed but they've only had their
vaccine because they are a major group that
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has had the vaccine so I hope that makes sense
but it has to come back to something where
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discrimination has been broadly inhibited
such as a protected characteristic question
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on UK knife law from X to JD do you need a
genuine reason to carry a folding knife under
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3 inches now just to be clear a folding life
that does not lock that comes within the definition
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of a falling pocketknife which includes being
no more than 3 inches unless you remain restricted
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area like an airport of school court or places
like that then generally speaking know you
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don't need a genuine good reason to carry
such a thing it is an exemption which means
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this is not one of the things that is restricted
under the law but as I said there are restricted
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areas that you just simply won't get away
with carrying it at all but if you're just
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walking about the streets in your everyday
business and you've got a folding pocket knife
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comes within that exemption you will need
a good reason that the law requires anything
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that doesn't fall within that exemption another
question about knives from Peter Stubbs says
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I have a wooden letter opener knife and there
is no metal so it's classes assist stealth
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knife or is it completely illegal to own well
I think the clue is in the wording that you've
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used it a letter opener it is a tall with
a function it's designed to do something it
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is not designed as a knife is designed as
a letter openers for example there are metal
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letter openers is just so happens that yours
is made of wood so it wouldn't be illegal
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to own however if it was very sharp when you
are carrying it in a public place it may well
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be considered either or both and a rated article
or an offensive weapon defensive weapon might
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depend on your intent to carry it for example
if you're carrying it for self defence then
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you are carrying it as an offensive weapon
if it is a very sharp thing then it could
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be considered a bladed article which doesn't
come within the exemptions and again you would
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have to provide a good reason for carrying
it with you I hope you enjoy that Q&A session
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let me know in the comments if you want me
to do more of these Q&A's drop your questions
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and comments in the box with hashtag blackbelt
barrister so that I know you picked up this
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message and I will pick up on your questions
in the next video channel members come first
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so check out channel membership or patron
membership and those will come first thanks
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for watching season
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