OFFICIAL
Name: Ben Jones
Network Rail
By email: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Freedom of Information
The Quadrant
Elder Gate
Milton Keynes
MK9 1EN
E xxx@xxxxxxxxxxx.xx.xx
10 September 2021
Dear Ben Jones
Information request
Reference number: FOI2021/01235
Thank you for your email of 22 August 2021, in which you have requested the following
information:
“At the Ouse Valley Viaduct site in West Sussex (VTB3 142) there is signage stating
that the flying of Drones/UAV's on/over the land is "strictly prohibited" and anyone
doing so will be "reported for prosecution" and "subject to civil legal action"
The information I request is:
1) Who owns the land the Viaduct is on, including the public right of way that runs
from Borde Hill Lane across the land and under the Viaduct.
2) Are these signs Network Rail's? If so what legal basis is there to "prohibit" the use
of the airspace around and over the Viaduct as long as flights are conducted in
compliance with the drone code, the Air Navigation Order and CAP722?
3) In your response to an FOI request with the reference FOI2021/00001 you state
the information on your website in relation to references about flying over the
railway is a criminal offence is incorrect and should be removed, can you confirm if
the similar references on this page (https://www.networkrail.co.uk/running-the-
railway/looking-after-the-railway/our-fleet-machines-and-vehicles/air-operations/)
have just been overlooked?”
I have processed your request under the terms of the Freedom of Information Act 2000
(FOIA).
The land the viaduct is on, including the public right of way mentioned, is owned by
Network Rail. However, the signs you refer to are not ours, but are instead situated on
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
OFFICIAL
private land which adjoins our property. If the land is registered then it is possible that you
might be able to find further information about its ownership at the Land Registry.1
It may also be useful to look at the drone safety information on our website page here:
Drone
safety and the law - Network Rail
You can also refer to the Air Navigation Order (issued by the CAA – Civil Aviation
Authority) which has the last updates for UAV (Unmanned Aerial Vehicle) operations in
the UK. Below are a few more websites which you may find helpful.
UK regulations | Civil Aviation Authority (caa.co.uk)
Unmanned Aircraft System Operations in UK Airspace – Guidance (caa.co.uk)
The revised Air Navigation Order | UK Civil Aviation Authority (caa.co.uk)
Finally, regarding the references on our website page, I have consulted with the relevant
colleagues in our drones team and I can confirm that certain information on the website
page are out of date. New regulations in relation to drones came into place as of 1
January 2021 and as such we are now working to change the wording on our webpage to
reflect these changes. There are no specific regulations that have specifically been written
for railways.
I hope this response is helpful. If you have any enquiries about this response, please
contact me in the first instance at xxx@xxxxxxxxxxx.xx.xx. Details of your appeal rights
are below.
Please remember to quote the reference number at the top of this letter in all future
communications.
Yours sincerely
Tanya Saunders
Information Officer
If you are unhappy with the way your request has been handled and wish to make a
complaint or request a review of our decision, please write to the Head of Freedom of
Information at Network Rail, Freedom of Information, The Quadrant, Elder Gate, Milton
Keynes, MK9 1EN, or by emai
l at xxx@xxxxxxxxxxx.xx.xx. Your request must be submitted
within 40 working days of receipt of this letter.
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. The Information Commissioner
(ICO) can be contacted at Information Commissioner's Office, Wycliffe House, Water
1 Under section 21(1) of the FOIA, we are not required to provide information in response to a request if it is
reasonably accessible to you by other means
: Information reasonably accessible to the applicant by other means
(section 21) (ico.org.uk)
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
OFFICIAL
Lane, Wilmslow, Cheshire, SK9 5AF or you can contact the ICO through the 'Make a
Complaint' section of their website on this link:
https://ico.org.uk/make-a-complaint/
The relevant section to select will be "Official or Public Information".
Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk
