Please note this article was written in 2012 and regulations may have changed so the following should not be treated as comprehensive or completely accurate. The authors are not experts in this subject and the objective was to highlight an emerging problem from an astronomy society’s viewpoint. Please seek professional advice if any doubt or considering the use of laser pointers.
Green laser pointers are by far the best way to guide an audience around the night sky and to point out objects. Unfortunately, here in the UK we share our night sky with a number of very busy flight paths. To make matters worse, the malicious use of lasers against aircraft and the deliberate targeting of pilots is on the increase – and it is an issue that has the aviation industry quite concerned. In 2007 the UK saw approximately 200 malicious incidents reported, rising to almost 1,600 in the first nine months of 2011.
Airline pilots are notified if there have been problems with lasers at particular airports via the briefing material they get prior to each flight. They are also informed to contact Air Traffic Control if they have any problems with lasers being directed at the aircraft, so that law enforcement can be contacted to investigate.
Concern in the aviation industry is now such that it is becoming more likely that even a safety conscious amateur astronomer could fall foul of the law.
Falling foul of the law
Individuals caught shining a laser pointer at an aircraft can be charged with the specific offence of targeting an aircraft in flight with a laser or light under Article 222 of the Air Navigation Order. This law was introduced in January 2010 specifically to address this problem. Article 222 states: A person must not in the United Kingdom direct or shine any light at any aircraft in flight so as to dazzle of distract the pilot of an aircraft. Offenders can also be charged under the offence of recklessly endangering an aircraft (Article 137 of the Air Navigation Order). Such a nuisance does not need to be deliberate; accidental illumination of an aircraft may still land you in a lot of trouble!
With an increasing number of seemingly malicious laser pen incidents, it would not surprise me if the Police started to get a little twitchy about laser pointers and even legitimate use might just gain the attention from your local constabulary. Of course, this will depend on exactly where you are. Using a Laser Pointer is not advised in the vicinity of an airport or airfield, but exactly how close is “in the vicinity”?
What the Civil Aviation Authority (CAA) has to say
Although green laser pointers are not explicitly mentioned, it would seem that their use could fall under CAP 736: “Operation of Directed Light, Fireworks, Toy Balloons and Sky Lanterns within UK Airspace” published by the CAA. The aim of CAP 736 is to state existing policy and to provide individuals and organisations wishing to conduct directed light, firework, helium-filled toy balloon or sky lanterns operations in the UK with a means of notifying their activities to the CAA.
CAP 736 states that “Individuals or organisations wishing to direct light sources, pyrotechnics or fireworks into the air are required to do so in a safe and sensible manner, as mandated by legislation contained within the United Kingdom Air Navigation Order 2009, so that their activities may safely co-exist with aircraft operations.”
CAP 736 defines a Notification Zone for Light and Firework displays as an area that extends within ten nautical miles of the notified ARP along the track of the extended runway centreline and 500 metres either side of the centreline. If a directed light (i.e. laser pointer) is operated within this zone, measures need to be taken prevent light being directed towards the aerodrome, or along the extended runway centreline out to ten nautical miles from the Airport Reference Point or ARP (the notional centre of an Airport). CAP 736 does not suggest what these measures might be!
Graphic Created by Farnham AS
Safe use of laser pointers
It is not exactly rocket science:
- Never look directly into the laser beam
- Only point the beam into the sky
- Never point a laser beam in the direction of any person, vehicle, aircraft, or wildlife;
- Avoid using laser pointers near an airport or airport runway approach.
- To be on the safe side don’t aim the beam directly at a star. It is better to circle around it because an aircraft can look a star when it is far away.
- Do not aim the laser beam a reflective surface as the reflection might inadvertently strike an individual;
- Do not allow children to use laser pointers (we would advise this even if under the supervision of an adult).
- Don’t be tempted by the super powerful (and probably illegal) laser pointers available on the Internet. A 5mW laser is bright enough and above this the risk of permanent eye damage is high in the event of an accident!
- Remove the batteries and store your laser pointer in a safe place and out of the reach of children.
- Always buy a laser pointer from a reputable supplier and ensure it is CE marked and approved.
Implications for astronomy groups
Our advice would be for individuals and groups to consider carefully when and where to use their Laser Pointer, and in all cases to not use a laser pointer at all if you fall within the Notification Zone of an operational airport.
The health and safety aspect of people on the ground needs to be considered as well. Anyone suggesting an outright ban on what a really useful aid to teaching people about the night sky might be seen as a killjoy, but at the same time there is a duty of care to ensure people’s safety. It is important to consider what steps need to be taken to ensure “safe participation”.
The Federation of Astronomical Societies (FAS) points out that in recent years the public have become more likely to resort to litigation following accidents and that evidence that evidence of a pro-active safety policy will help in the event of an accident. We suggest that astronomy groups need to decide for themselves whether it is acceptable to use Laser Pointers, especially at group-run events. If use is to be permitted, it is important to set out and communicate to your members clear safety procedures for their operation. As a minimum we advise that they be used only by a nominated operator who is well briefed on the safety and operational aspects of their use.
It makes you think…
OK, this has nothing to do with Laser Pointers, but CAP 736 has something interesting to say on the subject of Sky Lanterns: “Any individual or group releasing ten sky lanterns or less at a release site ten nautical miles or less from an airfield – the event organiser should contact the ATC organisation of that airfield”. I have seen many launched from a nearby estate and yet Farnborough Airport is a LOT closer than 10 miles.
By Peter Campbell-Burns
Feb 2012