Consultation outcome

Skytyping and skywriting: consultation on legalisation

Updated 17 April 2020

This was published under the 2019 to 2022 Johnson Conservative government

Executive summary

1. The present consultation seeks views on legalising skytyping and skywriting as additional forms of aerial advertising activities in the UK.

2. Skytyping is an aerial activity that delivers a line of text in the sky, visible from the ground, made by a group of aeroplanes flying in a line abreast formation emitting smoke at coordinated intervals in a similar way to a dot matrix printer.

3. Skywriting is an aerial activity by an aeroplane flying to create curves and lines of smoke which have the appearance of letters or symbols from the ground.

4. The ‘Civil Aviation (aerial advertising) regulations 1995 (regulation 4)]’ currently do not permit the practice of skytyping or skywriting however the display of any mark or inscription on a banner towed behind any aeroplane is allowed.

5. The government believes the current Civil Aviation (aerial advertising) regulations 1995 should allow these activities to be lawfully conducted in the UK while ensuring that appropriate safety and other standards apply.

6. The origins of the ban can be traced back to 1960 when the provision was introduced due to safety concerns, which have now internationally been shown as not valid, as well as a pre-emptive response to visual disruptions and the potential spread of political propaganda.

7. This consultation document sets out the main considerations for legalising skytyping and skywriting and is in line with the government’s ‘General aviation strategy 2015’ and its commitment to reduce the regulatory burden on general aviation (GA).

8. The government first consulted on the principle of this change in the green paper ‘Aviation 2050’ and this targeted consultation invites further views from the public on the changes proposed.

9. Consultation ends on 29 March 2020.

Scope of the consultation

1. The scope of this consultation is whether to amend the Civil Aviation (aerial advertising) regulations 1995 to allow the advertising activities of skytyping and skywriting to be lawfully conducted. This follows on from the consultation in principle within the ‘Aviation 2050’ green paper which ran between 17 December 2018 and 20 June 2019.

How to respond

1. The consultation period will run between 16 March and 29 March 2020. Please ensure that your response reaches us before the closing date of 29 March 2020.

2. You are invited to respond to the consultation:

• by email to: [email protected]
• by hard copy posted to:

Anna Ostrowska
Department for Transport
General Aviation Division
2/25 Great Minster House
33 Horseferry Road
SW1P 4DR

1. If you would like this document in alternative formats, please contact [email protected].

What will happen next

1. A summary of responses, including next steps, will be published within four weeks of the closing date of the consultation. Paper copies will be available on request.

2. Analysis of responses will inform the Department for Transport on whether to carry out the proposed legislative changes.

3. If deemed appropriate, we will look to amend the Civil Aviation (aerial advertising) regulations 1995 to add skytyping and skywriting to the forms of permitted aerial advertising.

4. The Civil Aviation Authority may also update rules relating to pilot and aircraft licencing requirements in the ‘Air navigation order (ANO) 2016 if deemed necessary.

5. The new rules could become applicable in mid-2020.

Freedom of information

1. Information provided in response to this consultation may be subject to publication or disclosure in accordance with the ‘Freedom of Information Act 2000 (FOIA)’ or the ‘Environmental Information Regulations 2004’. If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

2. In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

3. The department will process your personal data in accordance with the ‘Data Protection Act 2018 (DPA)’ and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

The proposition: introduction

About skytyping and skywriting

1. Skytyping is an aerial activity that delivers a line of text in the sky visible from the ground that, due to practical considerations, is limited to about 35 characters. The letters are made from puffs of smoke emitted at coordinated intervals by a group of aeroplanes flying in a line abreast formation in a manner similar to a dot matrix printer.

2. Skywriting is an aerial activity by a single aeroplane flying to create curves and lines which have the appearance of letters or symbols from the ground.

3. In good weather conditions and with no airspace limitations, skytyping is normally conducted at a height of between 7,000ft and 10,500ft. The group of aeroplanes flies in a level or slightly stepped-up line abreast formation at an aircraft-to-aircraft separation distance of between 40 to 80 metres dependent on deployment altitude. The lead aeroplane is fitted with a wifi transmitter. The other aeroplanes flying in formation with the lead aeroplane are equipped with a wifi receiving unit connected to a distribution box that controls the delivery of smoke pulses. Each pulse of smoke is approximately 60 metres long. The length of line of text or message decreases with a reduction in altitude. The finished text usually dissipates after around two to four minutes.

4. Skywriting is usually conducted at a height of between 7,000ft and 14,000ft by a solo aircraft which emits smoke to create symbols or letters of a mile in length and height. The text is usually limited to eight letters and lasts two to four minutes, depending on weather conditions. The same types of aerobatic aircraft can be used to perform both skytyping and skywriting, and the same components and smoke releasing technology can be used in both activities^{[footnote 1]}.

5. You may find photo examples of these activities in Annex 1.

Current operations

1. Aerial advertising by way of skytyping and skywriting is lawful and practised in many countries. The US market is the most developed, but operations also take place in Australia, France, Spain, the Middle East, South Africa, China and Japan.

Legal status of skytyping and skywriting

1. Section 82 of the Civil Aviation Act 1982, “Prohibition of aerial advertising and propaganda”, prohibits the use of any aircraft for the purposes of advertising or communicating where the advertisement or communication is audible or visible from the ground, except in circumstances which are prescribed by regulations made by the Secretary of State. The Civil Aviation (aerial advertising) regulations 1995 accordingly set out the circumstances where aerial advertising is currently permitted, such as the use of an aeroplane to tow a banner, and the use of an airship bearing an illuminated sign. At present, skytyping and skywriting are not permitted.

2. The origins of the present provision date back to 1960, when section 7 of the Civil Aviation (Licensing) Act prohibited aerial advertising and propaganda on the grounds of inadequate aircraft safety and technical skills by pilots, and to prevent visual intrusion.

3. Should skytyping and skywriting become legalised, offensive or otherwise illegal content could be subject to general criminal law. Depending on the nature of the display, complaints could also be addressed to the Local Trading Standards departments or Advertising Standards Agency.

Considerations

Economic benefit

1. Should skytyping and skywriting become lawful, there is a potential commercial benefit to enable such services to be provided in the UK given its large population and significant aviation and advertising markets.

2. Although these activities are currently banned in the UK, we already boast some of the world’s best skytyping pilots, who currently perform abroad, mainly in the EU and China, but would be ready to deliver services in the UK once the law is changed.

3. The proposed change of legislation could also encourage other new UK companies to enter the market and generate new job opportunities.

4. With new forms of aerial advertising being made available, advertisers and providers of goods and services could enjoy an economic benefit from potential increased sales.

5. In addition to the benefits to those directly involved in skytyping and skywriting, further benefits could also trickle down the supply chain to those companies that provide supporting goods and services (e.g. aircraft maintainers, fuel, engine and mineral oil suppliers, and insurers).

6. Further, albeit limited, business generation in the form of related hospitality, transport and catering revenue and jobs creation may also be possible.

7. Skytyping and skywriting could also add entertainment and display value to various spectacles. Skytyping is likely to take place at mass outdoor events such as music festivals and sporting fixtures. Skywriting is expected to generate activity in the form of enhancement to existing air displays and private individuals could use it for personal messages, such as marriage proposals or birthday celebrations.

8. Skywriting and skytyping could also be used as part of public events, such as for marking royal birthdays, military commemorations or national memorial days.

9. There is, however, a potential for skytyping and skywriting to compete with or displace other forms of aerial advertising such as banner towing or use of balloons.

10. It must be noted that because skytyping and skywriting activities have been unlawful in the UK since 1960, the benefits quoted above are speculative at present. One of the aims of this consultation is to allow for a better understanding of their nature and magnitude.

Tax revenue

1. Based on the impact analysis conducted for the purpose of this consultation, the monetary benefits of skytyping alone are estimated to be around £4 million across a five-year period. Additional taxable revenue could also be generated down the supply chain or through skywriting activities.

Skills

1. The potential demand for services in the form of skywriting and skytyping may generate additional opportunities for trained pilots but could also generate a need for additional training requirements thus benefiting flying schools and enhancing pilots’ skills and knowledge.

Safety impact

Safety impact on other airspace users

1. Pilots performing these activities would be subject to the relevant requirements within the Air Navigation Order (ANO) 2016 for licensing, including the Certificate of Airworthiness which has rigorous criteria according to the type of aircraft used. Additional requirements or exemptions may be added into the ANO as deemed necessary for Permit to Fly aircraft.

2. With regard to the operational aspects of skytyping, it is worth noting that the pilots do not manually operate the skytyping system; this is controlled by a non-flying crew member who occupies the passenger seat of the lead aircraft. The skytyping operator controls the skytyping system via an electronic flight bag which transmits instructions via wifi to the skytyping control boxes in all the aircraft.

3. Skytyping or skywriting, taking place in controlled airspace will need to be coordinated with the appropriate air navigation service provider and the Civil Aviation Authority. Skytyping or skywriting taking place in uncontrolled airspace will require, as a minimum, a NOTAM (Notice to Air Men) to be issued.

Safety impact on third parties on the ground

1. Where aerial activities might be conducted over congested areas, these are governed by the requirements for minimum heights as set in the European standardised rules of the air adopted under Commission Implementing Regulation (EU) No 923/2012 and would ensure there are no additional safety risks to third parties on the ground resulting from skytyping and skywriting activities.

2. Additionally, the central London area is separately protected by way of a ban of single-engine aircraft operations as prescribed in UK AIP (ENR 1.1 General Rules), point 4.1.7 Single-Engine Fixed Wing Aircraft Over Central London.

3. While we have no evidence available for the UK, using the US as a case study, while there have been accidents and fatalities during training, no incidents or risks to third parties during the performing of skytyping and skywriting have been reported.

Emissions

1. The fluid used to create the smoke required in skywriting and skytyping activities is a refined white mineral oil. Use of this smoke oil is now recognised as the worldwide skytyping industry standard for safety and acceptability. It is non-toxic and inherently bio-degradable.

2. General aviation (GA) as a sector is responsible for a low share of flying activity and therefore emissions. Research in the US estimated the GA to be responsible for less than 1% of emissions from aviation^{[footnote 2]}. There is potential for GA to increase its green credentials by embracing new aerospace technologies that could increase fuel efficiency and reduce emissions. This is in line with the UK’s long-term aviation strategy which aims to encourage innovation and adoption of new technologies in GA.

3. Piston-engine aeroplanes are most commonly used in skytyping and skywriting activities. This type of aircraft uses leaded fuel (avgas) which is believed to be responsible for around half of overall lead emissions, and 100% of lead emissions from aviation^{[footnote 3]}. .

4. However, it is important to stress that the potential additional emissions resulting from skytyping and skywriting activities are expected be minimal and have a negligible impact overall on lead emissions in the UK.

5. To put it into perspective, the total estimated annual carbon dioxide emissions from skytyping are around 3 tonnes per year. Given UK aviation emissions of carbon dioxide per year are close to 35 mega tonnes (or 35 million tonnes) per year, those attributable to potential skytyping activity are deemed negligible.

6. However, the government remains committed to exploring further opportunities towards the use of hybrid and electric aircraft technology which would contribute towards the decarbonisation of our transport system. Such developments could also provide an opportunity to companies providing skytyping and skywriting services to look at deploying emerging technologies to mitigate emissions. As an example, the recently launched Future Flight Challenge has opened its first competition to cohere efforts to accelerate the development of this and other innovate aviation technology.

Noise

1. In good weather conditions and with no airspace limitations, skywriting is normally conducted at a height of between 7,000ft and 17,000ft by a solo aircraft whereas skytyping is conducted at a height above ground level of between 7,000ft and 10,500ft. Therefore, the minimum altitude at which skytyping and skywriting are performed is 7,000ft above ground level. This is at least twice the height that light, piston-engine aircraft typically operate and therefore will appear less noisy from the ground than other operations using the same type of aircraft.

Visual disruption

1. There is the possibility of a nuisance factor claim from spectators/third parties on the ground objecting to having skytyping or skywriting carried out in the airspace above them. However, given the aeroplanes would be operating at an altitude of at least 7,000ft they would be hard to see and are unlikely, therefore, to be considered a nuisance. The only possible intrusion would be the message itself, which would not last for more than three to four minutes given appropriate weather conditions. Therefore, we deem the impact to be negligible.

Questions

About you

Question 1. Please tell us if you are responding as:

• a. an individual
• b. a representative of a registered company;
• c. a representative of a trade body;
• d. a representative of an academic or research organisation; or
• e. other (please specify).

Question 2. If you are responding on behalf of a registered company or trade body please give us an indication of the following:

• a. the size of the organisation or, if more applicable, the number of people within your organisation or the number of members you are responding on behalf of;
• b. the main purpose or activity of the organisation;
• c. the region(s) of the UK in which your activity is predominately based (e.g. England, Scotland, Wales or Northern Ireland only, UK-wide, or overseas.
• d. Organisation name (optional).

Consultation questions

Question 1. Do you have any comments on the way that we have assessed the economic benefits and impacts of these proposals?

Question 2. Do you have any comments on the way that we have assessed the safety risks of these proposals?

Question 3. Do you have any comments on the way that we have assessed the emissions impacts of these proposals?

Question 4. Do you have any comments on the way that we have assessed the noise impacts of these proposals?

Question 5. Do you have any comments on the way that we have assessed the visual intrusion impact of these proposals?

Question 6. Do you think there could be any detrimental effects of this proposal to other sectors? If so, which sectors and to what extent?

Question 7. Are you aware of any appetite for undertaking skywriting/skytyping in the UK both by companies that practice it at present overseas or companies that are considering it as a future commercial opportunity?

Question 8. Do you have any other comments or views on these proposals?

Question 9. Do you support the legalisation of skytyping and/or skywriting?

Annex 1

Skytyping examples:

Courtesy: The Yakovlevs

Skywriting example:

Footnotes

1. Source: http://www.sky-writing.com ↩

2. The Aircraft Owners and Pilots Association, 28 November 2008, response to the Environmental Protection Agency (EPA) advanced notice of proposed rulemaking (ANPR) titled “Regulating Greenhouse Gas Emissions under the Clean Air Act.” ↩

3. (Emissions of piston engine aircraft using aviation gasoline (avgas) and motor gasoline (mogas) as fuel- a review, K. Thanikasalam1, M Rahmat1, A G Mohammad Fahmi2, A M Zulkifli1, N Noor Shawal1, K Ilanchelvi3, M Ananth3, R Elayarasan1 Faculty of Chemical and Energy Engineering, Universiti Teknologi Malaysia (UTM), 81310 Skudai, Johor, Malaysia 2Department of Aeronautical Engineering, Universiti Tun Hussein Onn Malaysia (UTHM), 86400 Batu Pahat, Johor, Malaysia 3Department of Chemical Engineering, Universiti Malaysia Sabah (UMS), 88400 Kota Kinabalu, Sabah, Malaysia ↩