The History of a Model Airplane Field

April 1979

To the Federal Aviation Authority, Bern

Re: Noise Pollution from a Model Airfield

The undersigned draw attention to the following problem of noise pollution caused by a minority:

The Büren (SO) Model Aircraft Club operates a model airfield in the immediate vicinity of the Lupsingen (BL) municipal boundary. This operation causes an unacceptable level of noise pollution for the nearest neighborhoods of Lupsingen (especially Leimen and Breitacker). On weekends and certain holidays, the model airplanes are in the air practically nonstop from morning until evening. A ring of hills (Chleckenberg, Schneematt, and others) acts as a sound funnel, significantly amplifying the aircraft noise and directing it toward the aforementioned neighborhoods. Büren itself is shielded by a hilltop.

The undersigned demand that either this model airfield be relocated to an uninhabited area, or that flight operations be limited to a maximum of 2 hours, at least on Sundays and holidays.

We ask that you inform us of your decisions via the Lupsingen municipal administration.

Sincerely

The following 65 signatures appear below:

...

cc Lupsingen Municipal Administration

Federal Aviation
Office Office fédéral de l'air
Ufficio aeronautico federale

To:
Büren
Model Aircraft Club, Attn: Gino Zugnoni, President
, Colmarerstr. 92
, 4055 Basel
; Lupsingen
Municipal Council, 4411 Lupsingen
; Büren
Municipal Council, 4413 Büren

April 30, 1979

Model aircraft operations of the Büren Model Aircraft Club in the municipalities of Büren (SO) and Lupsingen (BL)

Dear Sirs

In letters dated February 28, 1975, March 8, 1978, and February 20, 1979, the Lupsingen Municipal Council brought to our attention the noise problem caused by the Büren Model Aircraft Club. In mid-April 1979, a group of residents from Lupsingen, enclosing a petition with 65 signatures, submitted a request to us asking that we either relocate the model aircraft field to another area or limit model aircraft operations to a maximum of 2 hours, at least on Sundays and holidays (A copy of the petition is attached).

In its most recent petition, the municipality of Lupsingen also suggested “... severely restrictive measures, if not an outright flight ban ...”.

We hereby invite you to submit a written statement on the matter by the end of May 1979 and to make specific proposals regarding model aircraft operations. In doing so, the chairman of the Büren Model Aircraft Club should also inform us of the noise abatement measures already taken (operating regulations, etc.).

With the highest regards
, Federal Aviation Authority
Legal Department

May 16, 1979

To the
Federal
Aviation Authority
, Legal Department
, Federal Palace
, 3000 Bern

Dear Mr. Kunz

We hereby acknowledge receipt of your letter dated April 30, 1979, and the copy of the petition submitted by a group of residents from Lupsingen.

First, we would like to note that this is the first time we have been confronted with a petition regarding aircraft noise. To date, no party has approached us regarding this matter. Since the founding of the MG Büren, there have been changes in membership, and we believe that a reasonable discussion can certainly be held with the current board. We believe that most of our members have reached an age of reason. We also have a youth group, whose members are largely from the municipality of Lupsingen.

Our flying club is a member of the Aero-Club.
In our opinion, the letter from the Lupsingen Municipal Council dated February 28, 1975, can be considered moot. At that time, our airfield was located within the municipal boundaries of Lupsingen, near the shooting range bordering the municipality of Seltisberg. It is therefore highly unlikely that the aforementioned letter has anything in common with the current situation. Statement regarding the allegations raised concerning flight operations at our airfield in Büren:

Residents’ allegations: “On weekends and certain holidays, the model airplanes are in the air practically nonstop from morning until evening.”

Statement from the flying club:

On Saturdays, motorized model aircraft are permitted to fly starting at 9:00 a.m. There is a strict midday quiet period from 12:00 p.m. to 1:30 p.m. In the evening, flight operations cease at 6:00 p.m.

On Sundays, flying is permitted only from 1:30 p.m. to 6:00 p.m. There is a strict ban on flying on Sunday mornings, which is observed by all members without exception.

On major religious holidays, our flying club is bound by an absolute ban on powered flight (Good Friday, Easter, Pentecost, Day of Prayer, Christmas).

We have imposed these restrictions on ourselves ever since we began using the airfield in Büren, without having been asked to do so by anyone.

It also goes without saying that flights are conducted only with mufflers. For self-monitoring purposes, Region 7, to which we belong, has purchased a noise meter. Just recently, two members of our group were trained to use this device.

We are currently discussing further measures. For example, we are considering establishing primary flight paths and airspace boundaries. We also intend to reduce engine RPMs by selecting appropriate propellers.

We hope this information is helpful to you. Should you require any further details, we are, of course, happy to provide them at any time. We are also fully prepared to engage in negotiations with the authorities in the relevant locations.

In any case, it is important to us that we be able to continue flight operations at our current site.
Of course, we also hope for continued technological advancements in noise abatement and will adapt accordingly on an ongoing basis.

Sincerely
, On behalf of the Büren Model Flying Club:

May 10, 1979

To the
Federal Aviation Authority
, Bundeshaus, Inselgasse
3003 Bern

Model aircraft operations of the Büren Model Aircraft Club in the municipalities of Büren (SO) and Lupsingen (BL)

Dear Sirs

The municipal assembly in Büren had discussed the matter concerning the Büren Model Aircraft Club. This assembly unanimously resolved that model aircraft flying be prohibited throughout the entire municipal territory of Büren SO. Due to the numerous complaints regarding noise pollution and the danger posed to landowners near the airfield, we felt compelled to pass this resolution. Furthermore, the model aircraft club had never adhered to the flight times established by the Büren Municipal Council. There is also a lack of sanitary facilities. There is a high probability that the model aircraft could crash.
Based on all these considerations, the resolution to ban model flying throughout the entire municipal territory of Büren was enacted. We sincerely hope that we have also acted in the best interests of the municipality of Lupsingen. The municipal assembly on May 4, 1979, approved the ban in question.

With the utmost respect
On behalf of the Municipal Council:
The Mayor: The Town Clerk:

May 10, 1979

To the President
of the Büren
Model Aircraft Club
, Mr. Gino Zugnoni
, 4055 Basel

Re: Model Aircraft Operations in Büren

Dear Mr. President
, Dear Sirs

We would like to inform you that the municipal assembly on May 4, 1979, resolved to ban model aircraft flying throughout the entire municipality of Büren. Model aircraft operations can only be tolerated until June 30, 1979. We ask that you make efforts in the meantime to find another airfield located outside of Büren. We were compelled to make this decision due to the numerous complaints regarding noise and safety hazards in the vicinity of the airfield. Furthermore, you have never adhered to the flying hours prescribed by the Municipal Council. We ask that you kindly take note of this.

Sincerely,
On behalf of the Municipal Council:
The Mayor: The Town Clerk:

May 16, 1979

To the
Büren
Municipal Council, 4413 Büren / SO

Ban on Model Aircraft in the Municipality of Büren

We have received your municipality’s letter regarding the model aircraft ban addressed to the Büren Model Aircraft Club (MG Büren) and a copy of the letter sent to the Civil Aviation Authority.

Regarding the model aircraft flight ban imposed by the municipality of Büren, we wish to inform you that we do not accept it.
As you are undoubtedly aware, our hobby is subject to the Swiss Federal Aviation Act.

We respond to the allegations made against us as follows:

Noise Impact
: The noise emissions affecting the municipality of Büren are certainly significantly lower than those affecting the municipality of Lupsingen (as is also mentioned in the petition submitted by the residents of Lupsingen to the Aviation Authority).

Risk to Landowners
Should any misconduct by club members have occurred of which we were unaware, we would have appreciated being informed so that we could have called the parties in question to order and taken disciplinary action (recording the license plate number).

Flight Times
The Büren Municipal Council has not imposed any flight time restrictions on us (see our own measures in this regard in our statement to the Aviation Authority regarding the petition from Lupsingen).

Sanitary Facilities
To date, we have had no such need. To the best of our knowledge, our members have not relieved themselves on either our own property or on adjacent land.

Risk
of Crash To date, no third parties have been endangered by crashing model aircraft. Most members have double liability insurance (through the Aero-Club and privately). Furthermore, no members of our own club have been injured during flight operations.

Regarding the unanimous resolution passed by the municipal assembly, we would like to note that the assembly was attended by approximately 100 of the 370 eligible voters in the municipality of Büren. There are also reports that there were dissenting votes during the ballot.

We therefore continue to have the impression that this is merely a specific group of people who, for reasons unknown, have wanted to drive the Büren Model Flying Group out since its inception and cannot shake their antipathy toward us.
In our opinion, we have always conducted ourselves appropriately.

Sincerely
, On behalf of the Büren Model Flying Club:

June 8, 1979

To the President
of the Büren
Model Aircraft Club
, Mr. Gino Zugnoni
, 4055 Basel

Ban on Model Aircraft in the Municipality of Büren

Dear Mr. President
, Dear Sirs

At its meeting on the 5th of this month, the Municipal Council took note of your letter dated May 16, 1979. This matter requires clarification. No complaint regarding the ban was filed with the Cantonal Government of Solothurn; therefore, the resolution passed by the municipal assembly on May 4, 1979, is legally valid. The Büren Municipal Council established the flight times in a letter dated July 12, 1972. You have no right to set your own flight times. Furthermore, Paul Stürchler was also made aware of this letter. If this had been a priority for you, you would have had silencers installed in your model airplanes eight years ago. It is unbelievable that one cannot relieve oneself within 4 1/2 hours. We would like to remind you that a landowner could have been fatally struck in 1972. A model airplane crashed about 2 meters from the man in question. Yet another lie! It doesn’t matter how many registered voters Büren has. The municipal assembly resolution is decisive. Why does your group call itself the Büren Model Flying Club? Not a single active member lives in Büren. No animosity toward a specific group could be detected, given the unanimous resolution! Nor were the reasons unfathomable. We would like to remind you of your inappropriate behavior: a plane crash, the hunting of a buzzard—which crashed into the windshield of a car—the placement of a trailer, preparing a runway on land suitable for agricultural use, and flight times that were never adhered to! This has resulted in years of correspondence with you and the authorities. We recommend that you relocate to Breitenbach, where there is also a dedicated model airfield that guarantees a satisfactory solution. We sincerely hope that we have made ourselves clear enough.

Sincerely,
On behalf of the Municipal Council:
The Mayor: The Municipal Clerk:

Federal Aviation
Office Office fédéral de l'air
Ufficio aeronautico federale

Registered Mail

Büren
Model Aircraft Club Attn: Gino Zugnoni,
President
Colmarerstr. 92
4055 Basel
Lupsingen
Municipal Council 4411 Lupsingen / BL
Büren
Municipal Council 4413 Büren / SO

June 26, 1979

Model Aircraft Operations of the Büren Model Aircraft Club

Dear Sirs

We refer to our letter dated April 30, 1979, and the request for comments and the submission of a proposal regarding model aircraft operations in Büren/SO.

The Büren Municipal Council informed us on May 10 that the municipal assembly had passed a resolution banning model aircraft flying throughout the entire municipality of Büren. This measure was deemed necessary due to the noise pollution and the dangers posed by model aircraft flying. In a letter dated June 8, the Municipal Council reiterated that, in particular, the noise, the lack of discipline among model aircraft enthusiasts, and the danger this hobby poses to third parties left no other option.

In its detailed statement dated May 16, the Büren Model Aircraft Club pointed out that it had voluntarily imposed restrictions on its flying operations. On Saturdays, motorized models may only be flown from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 6:00 p.m.; on Sundays, only from 3:30 p.m. to 6:00 p.m. Flying is prohibited on major religious holidays. Furthermore, motorized models must be equipped with silencers.

In its statement, the Lupsingen Municipal Council drew attention to the legitimate need for quiet among residents affected by model aircraft noise. However, the municipal council proposes—should the model aircraft ban in the municipality of Büren prove to be invalid—to set the flying hours on Saturdays as the Büren Model Aircraft Club already does, and to reduce flying time on Sundays to two hours, specifically from 9:00 a.m. to 11:00 a.m. If significantly quieter engines become available, these restrictions could be relaxed or even lifted at a later date.

Pursuant to Article 15 of the Federal Act on Civil Aviation (LFG, SR 748.0), the Federal Office of Civil Aviation may impose special regulatory measures—specifically to ensure flight safety and combat aircraft noise—when granting a permit or by means of a special order.

The following considerations are relevant to this decision, which has now become unavoidable:

• Certain residents living near the model aircraft flying field are disturbed by model aircraft noise and require protection. This protection can be provided within reasonable limits by significantly restricting operating hours.
• Under current law, the model aircraft ban enacted by the Büren municipal assembly has no legal effect. The Federal Office of Civil Aviation is responsible for imposing restrictions on model aircraft on a case-by-case basis for a specific site, pursuant to Article 15 of the Federal Act on Civil Aviation (LFG).
• The Büren Model Aircraft Club achieves fairly effective noise control at the source by using silencers. However, this is not sufficient, and the population’s legitimate environmental concerns require a restriction on flying activities that goes beyond what the Büren Model Aircraft Club desires.
• The construction and operation of model aircraft appear to be a meaningful recreational activity. This circumstance should be taken into account when weighing the interests involved; however, it does not carry significant weight compared to environmental protection concerns.

For these reasons,

1. Model aircraft with internal combustion engines may only be flown at the model flying field in Büren/SO during the following times:
Monday through Saturday: 9:00 a.m. to 12:00 p.m.;
1:30 p.m. to 6:00 p.m.
Sunday: 9:30 a.m. to 11:30 a.m.

• 2. On Good Friday, Easter, Ascension Day, Pentecost, the Swiss Day of Prayer and Repentance, and Christmas, there is a general flight ban on all model aircraft with internal combustion engines.
• 3. All model aircraft with internal combustion engines must be equipped with effective silencers.
• 4. When operating model aircraft, care must be taken to ensure that they fly only over undeveloped areas and maintain a distance from people and buildings that precludes any danger or excessive noise exposure.

An appeal against this order may be filed within 30 days of its notification with the Federal Department of Transport and Energy, 3003 Bern. The appeal must be submitted in duplicate, accompanied by a copy of the contested order, and must include the requests and the grounds for them. Any appeal shall have no suspensive effect.

Violations of this decision are punishable under Article 91 of the Aviation Act by imprisonment or a fine of up to CHF 20,000.

With the utmost respect
, Federal Office of Civil Aviation

Copy for the attention of
: Aircraft Noise Commission of the Canton of Solothurn
; Aircraft Noise Commission of the Canton of Basel-Land

June 28, 1979

Dear Fellow
Model Aviators Please find enclosed the directive from the Federal Aviation Authority. Unfortunately, despite our best efforts, the Aviation Authority has imposed a significant restriction on operating hours for models with internal combustion engines.
The decision is final and takes effect immediately. Members of the MG Büren are required to adhere to these times.

Should aircraft noise or lack of flying discipline during the authorized flight times give rise to further complaints to the Federal Aviation Authority, we must expect even stricter restrictions on flight operations (tel. comment from Dr. Kunz, Federal Aviation Authority).

I hope that all motorized model aircraft pilots are now fully aware of the importance the Aviation Authority attaches to the issue of noise pollution. Each individual’s flying style has a direct impact on our operating permit and thus carries a responsibility toward all members of the model flying club.

Questions and suggestions can be brought up at the next club meeting. Alternatives for Sunday afternoons could include, for example, a good electric glider winch and electric flight. There are already electric model aircraft that have overcome their initial teething problems.

I wish everyone a wonderful vacation season
. Best regards
, The President