Currently, civil aviation legislation applicable to kite flying is contained in the Air Navigation Order 1989 (Statutory instrument No 1989/2004) and the Rules of the Air Regulations 1991 (Statutory Instrument No 1991/243 7). The constraints contained in the Air Navigation Order 1989, and the Rules of the Air Regulations 1991 with regard to the flying of kites (Kites ate classified as "aircraft" in Schedule 1 of the Order) are as follows:- If the kites are more than 2kg in weight, then:- Article 75(1) of the Order requires that, if the kites are to be flown above 60 metres above ground level, within 60 metres of any vessel, vehicle or structure, or within 5 kilometres of an aerodrome at any height, then written permission is necessary from the Civil Aviation Authority and if granted its validity will be subject to certain conditions which will be included in the Permission. Article 50 of the Order requires that a person shall not recklessly or negligently act in a manner likely to endanger an aircraft, or any person therein. Article 51 of the Order requires that a person shall not recklessly or negligently cause or permit an aircraft to endanger any person or property. Article 69 of the Order gives effect to the Rules of the Air Regulations 1991. Rule 14 of these Rules applies to kites and describes the marking attachments required by day or night when kites are to be flown above 60 metres above ground level. Rule 14 of the Rule of the Air; A kite, while flying by day, at a height exceeding 60 metres above the surface shall have attached to its mooring cable either: (a) at intervals of not more than 220 metres measured from the lowest part of the kite, tubular streamers not less than 40 centimetres in diameter and 2 metres in length, and marked with alternate bands of red and white 50 centimetres wide; or (b) at intervals of not more than 100 metres measured form the lowest part of the kite, streamers not less than 80 centimetres long and 30 centimetres wide at their widest point and marked with alternate bands of red and white 10 centimetres wide. A kite while flying at night at a height exceeding, 60 metres above the surface shall display lights as follows: (a) a group of two steady lights consisting of a white light placed 4 metres above a red light, both being of at least five candela and showing in all directions, the white light being placed not less than 5 metres or more than 10 metres below the lowest part of the kite; (b) on the mooring cable, at intervals of not more than 300 metres measured from the group of lights referred to in sub-paragraph (a), groups of two lights of the colour and power and in relative positions specified in that sub-paragraph, and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; and (c) on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measures at least 25 metres; one side of the triangle shall be delimited by two red lights; the third light shall be a green light so placed that the triangle encloses the object on the surface to which the kite is moored. If the kites are not more than 2kg in weight, then: In accordance with Article 109 of the Order, only Articles 75 and 51 as described above, apply. KITES AND ADVERTISING It should be noted that aerial advertising may not take place from kites; the Civil Aviation Act 1982 and the Civil Aviation (Aerial Advertising) Regulation 1983 (Statutory Instrument No 1885) refer. Responsibility for aerial advertising is vested with the Civil Aviation Policy Division of the Department of Transport (not the CAA) and any queries regarding aerial advertising should be addressed to them. Ref: Nats/AUS - Kiteflying legislation letter 6 Ocotber 1994 to The Midlands Kite Fliers 4 Hermitage Court Oakwood Derby DE21 2LG from Julie White - Secretary of The Midlands Kite Fliers MKF@ind3x.dircon.co.uk