§ Dr. TongeTo ask the Secretary of State for the Environment, Transport and the Regions what channels are available to members of the public wishing to complain about low-flying helicopters; and what action is taken once a complaint is received. [51775]
§ Ms Glenda JacksonMembers of the Public wishing to complain about civil helicopter activities should contact the Aviation Regulation Enforcement and Investigation Branch of the Civil Aviation Authority, CAA House, 45–59 Kingsway, London WC2B 6TE. The CAA can also be contacted both during office hours and out of hours on 0171 832 5854. This number is also available to all Police Forces and Citizens Advice Bureaux.
Complaints about military helicopter activities should be addressed to the Ministry of Defence.
468WOn receipt of a complaint, a preliminary investigation is carried out to determine if the complaint indicates a breach of legislation or is about noise and nuisance. If it is the latter, then the immunity granted by Section 76 of the Civil Aviation Act 1982 precludes any further action.
Section 76 says that if the aircraft was being flown in accordance with the regulations governing aircraft flight, then no prosecution can be made for trespass or nuisance. However, if there appears to be a breach of aviation legislation, steps are taken to identify the machine and the pilot responsible and to ascertain if there are any exemptions or permissions in issue which would account for the observed activity. If it then appears that the flight was in breach of the rules and also that there is a reasonable prospect of obtaining sufficient evidence suitable for presentation to a court, a full criminal investigation is carried out and evidence is taken by a CAA Investigation Officer in accordance with the Police and Criminal Evidence Act, 1984.
When the investigation is complete, a report is raised which is examined against the guidelines given in the Code for Crown Prosecutors. If it meets these guidelines, the Authority may dispose of the matter by means of a Warning Letter, by administering a formal caution under the Attorney-General's guidelines, or, for the most serious breaches, by prosecuting. The Authority also has the power to take licensing action against any pilot found to be in breach of the legislation.