It is declared unlawful for an aircraft entering England from abroad to carry any goods upon which Customs duty is payable, or the importation of which is prohibited by law; any photographic apparatus, carrier pigeons, explosives, or firearms, or any mails. Upon arrival in one of the landing areas prescribed, the airman fills up an official report, and obtains a permit which allows him to continue his flight inland. Before leaving the country, upon his return abroad, he must alight in one of the coastal areas. No exemptions are granted to these rules unless by the authority of the Home Office, and no foreign naval and military aircraft are permitted to fly over or land in England unless upon a Government invitation.
A number of points in the United Kingdom have been specified over which, for strategical reasons, no flying is permitted—although such rules do not apply of course to British naval and military craft. The mouth of the Thames is closed to aviation; fortifications like those at Dover are declared out of bounds; also dock-yards such as that at Portsmouth. The question arises naturally: how are these rules to be enforced? What is to prevent an aircraft infringing them? By the Act of Parliament in which they are set forth, there is a clause which reads:
“If an aircraft flies or attempts to fly over any area prescribed under this Act for the purposes of the defence or safety of the realm ... it shall be lawful for any officer designated for the purpose by regulations made by the Secretary of State, to cause such signal as may be prescribed by those regulations to be given, and, if after such signal has been given the aircraft fails to respond to the signal ... it shall be lawful for the officer to fire at or into such aircraft, and to use any and every other means necessary to compel compliance.”
Guns for use against aircraft have already been placed around our coasts, and some of these would be employed no doubt to fire upon a pilot who seemed deliberately to break the law; but this assumes of course that he is visible; were he flying very high, or were clouds to obscure the view, he might defy the officials who watched below. Just what may happen, when such laws are required for daily use, time alone will show; at present, beyond the bringing to our police courts of certain foreign pilots who have flown above prohibited areas on their way from France to Hendon, no data is available; and these offending airmen, pleading that they had no knowledge of the new laws, have been treated leniently by magistrates.
The whole question of aerial law must be considered seriously by the nations; and in view of the preparation of some general code of rules the International Aeronautical Federation—which is the central authority upon aviation, and represents the world’s Aero Clubs—has held many meetings and drafted a number of proposals. It is held, to begin with, that all aircraft must be registered, and that an international list of machines must be compiled; also that craft must be marked with letters indicating their nationality—such as “G.B.” for Great Britain and “F” for France. By such means, and particularly by use of an international register, any craft could be identified, even if flying in a foreign country; and should it escape observation while in the air by flying high, it would need ultimately to land, and would then have its identity revealed. The pilot in charge would have identification papers, and a certificate showing his proficiency. The rules for obtaining such a certificate, in days when men take charge of large passenger machines, will need to be more exacting than they are at the present time; and it is argued that, before he is put in control of such a craft, an airman should pass a medical examination so as to show he is organically sound, and fit both in eyesight and nerve to steer a high-speed, powerful machine.
When a craft is registered, and its pilot has his certificate, it is considered necessary that—before he has a right to fly—he should apply for an official form, which would be known as a permit to travel. This would contain all necessary details for the identification of himself and his machine, and would allow him to fly anywhere within his own country: but it would not be available for an aerial tour abroad. He would be required, before starting upon a foreign flight, to give up this home permit, and obtain in place of it a special Customs’ bulletin. This would specify the nationality of the machine, give particulars of its registration, and provide details as to its passengers, goods, and baggage; also the date and place of its departure from England, with the destination to which it was bound. On landing abroad, the airman would hand to the authorities his bulletin, and receive in exchange a document showing that the Customs’ officers had examined his machine and that he had paid what duty might be claimed on any goods he carried; then, once he had this new document, he would be free to fly in the country visited.
It is in regard to the Customs that the greatest problem must be faced. Rules may be made, alighting points insisted upon, but how are aerial smugglers to be caught? It has been suggested that there should be a Customs’ police, provided with fast-flying machines; also that if a machine failed to descend when it ought, they should go in chase of it. But in days when, without once alighting, a flight of twenty-four hours will be easily accomplished, such officers might find themselves upon a wearisome pursuit; besides the probability that, either during the night or in a fog, they would be given the slip. Rendering easier aerial smuggling is the fact that, to discharge a small cargo of contraband over a given spot, the pilot need not alight. Fixing the package to a parachute, he could cast it free from his machine and continue swiftly upon his way—the parachute being secured with its burden by the confederates who were below. So difficult, in regard to aircraft, is this question of applying the Customs, that it has been argued air-borne traffic should—to save endless trouble and great expense—be allowed to go duty free.
A matter which is easier, and for which straightforward ruling may be framed, concerns the navigation of craft upon the airway. At present, with comparatively few machines, there is no great need for any code of rules: one pilot, should he sight another, can easily steer clear. But as the air becomes peopled, and there are streams of traffic between landing grounds, it will be very necessary to have a scheme of rules—rules, say, for meeting and passing, and for flying by day or night. What is suggested is that, with some modifications, the laws of the sea should be adapted to the air. Craft approaching each other should, it is held, bear away to the right, and never pass nearer than 300 metres (328 yards). When flying at night, a system of lights is recommended: white showing ahead, green to starboard, red to port, and another white light astern. Just before alighting when travelling by day, it is suggested that a pilot should show a red triangular flag; or, at night-time, wave a white light. When flying in daylight, and finding himself in distress, it is advised that a pilot should show a red triangular flag, and at the same time suspend from his machine two black balls, hung one above another; or, in the same circumstances at night-time, wave a white lamp and extinguish his side lights. The reason, in such a case, for extinguishing the side lights would be so as to show to other pilots only one lamp—the white one. This single white light will be the night signal of an ordinary balloon, and it will be the rule for all power-driven craft to make way for it, and an aeroplane or an airship, say when its machinery has broken down, being in the same position as a free balloon, will wave this white-light signal so as to warn other pilots to keep clear.
By degrees, as air-traffic grows, new laws and regulations will need to be applied. But at present, save for restrictions such as have been cited, an aerial tourist wings unfettered flight. The motorist has a speed limit of 20 miles; but the airman, 3000 feet aloft, has none; and, save for certain areas out of bounds, the sky is free wherever he may fly. Presently, however, the law must have its say, and air transit will be regulated as is the traffic of the land or sea. Already, in fact, our Home Office, after consulting experts, has its scheme of rules on paper; but these will not be enforced till the need comes.