5.2 Indemnity Limits for the Third Party Public and Products Liability

£25,000,000 for any one claim, (in the aggregate in respect of Products Liability).

Territorial Limits
The whole of the UK and elsewhere in the world (including USA/Canada) in respect of the Association’s officers and registered members temporarily abroad.

Note: We ask that members notify us if they are intending to fly in the USA or Canada and advise that they check local requirements and regulations before they travel.  Membership of the AMA is generally required in addition for those travelling to the USA.

Models Covered

(a) All classes of model aircraft of whatever size, weight or engine capacity (subject to compliance with the terms of the BMFA’s Article 16 Authorisation or the ‘Open Category’ of Regulation (EU) 2019/947) except as noted in ‘Exclusions’.

(b)  Model boats and cars.

(c)  Models powered by legal rocket propulsion systems up to and including ‘M’ size motors (operated within the terms of the Air Navigation Order).

(d)  Steam powered models except when used for passenger carrying purposes for hire or reward.

(e)  Kites (operated within the terms of the Air Navigation Order).

(f)  First Person View RC flying provided it is carried out in accordance with the BMFA’s Article 16 Authorisation.

(g)  Model balloons (operated within the terms of the Air Navigation Order). 

Exclusions

(a) Any form of commercial or trade activities (whether paid or unpaid).

(b)  Pulse jet powered models except as specified in the BMFA General Rules, Section 1.2.3.1, Reaction Motors, parts (1) and (2) as noted later in this handbook.

(c)  Deliberately staged mid-air collisions at airshows and public displays.

       Notes:

(i)  Money paid to clubs by organisers of fetes, shows, etc, where the club is giving a demonstration does not constitute ‘commercial activity’.

(ii)  The carrying of Company or Organisation names or logos on models does not constitute a ‘form of commercial or trade activity’.

Extensions

(a)  Member-to-member liability is covered including damage to property belonging to fellow members.

(b)  Indemnity is automatically extended to any Principals (Landowners, Schools, Local Authorities, Government Departments etc.) whose land or premises is used by any BMFA affiliated club or registered member.

(c)  The Indemnity is extended to the Committee Members of any affiliated club and all lawful club activities are also indemnified.

(d)  The reduced rate insurance cover available to juniors under the ‘Schools and Youth Groups’ membership scheme only applies when such juniors are flying under the supervision of their group leader(s). To obtain the full unlimited BMFA insurance cover, any such junior must become a full junior member of the BMFA.

(e)  Indemnity is provided for paid flying instruction provided the conditions laid down by the Association are complied with (see ‘Flying Training Cover’ section).

(f)   In the ‘Airside Cover’ special provision, indemnity is provided for members operating their private motor vehicle ‘airside’ on an airfield or aerodrome, in pursuit of any activity associated with model flying where the members own private motor vehicle policy makes a specific exclusion in this respect.  A higher excess is applicable to any claim made under this special provision.

(g)  Club indemnity is extended to cover first time visitors to a club who have no previous experience but are seeking to try out model flying prior to joining the BMFA and the Club. Indemnity under this ‘First Time Inexperienced Flyer’ provision will only be in place when flights are being totally organised and supervised by a suitable club member approved by the Club Committee.  The limit of this indemnity is 3 separate day visits for any single inexperienced flyer.

(h) Indemnity is extended to enable model flyers from overseas countries to fly at contests and club sites during short visits to the UK.  In the interest of promoting good international relations the BMFA will absorb the cost of providing this indemnity for a period not exceeding 30 consecutive days for any one overseas visitor in any single membership year.  Contest organisers/Club Secretaries are required to notify the BMFA, in advance, if this provision is required.

(i)   Employer’s Liability Cover with a £10 million level of indemnity is provided to all affiliated clubs. This covers legal liabilities for damages and legal costs arising from death or injuries caused to employees in the course of their ‘employment’

The definition of 'employee’ in this context includes labour only sub-contractors and volunteers working within the club.

5.3 Conditions

(a)  When dealing with the injured/third party you must not, under any circumstances, admit liability or make or agree any financial settlement with respect to any incident which might give rise to a claim under the policy. However, when dealing with the BMFA and its insurer, you should provide a full and honest account of events, especially when filling in an incident report form.

(b) It is the duty of the insured to exercise reasonable care to see that their models are sound and in proper order and that all reasonable safeguards and precautions against accidents are provided and used

5.4 Incident Reporting Procedure

a) Prompt notification of all incidents / accidents that may result in a claim on the policy is essential. This can be done using the BMFA’s online reporting system (described in Section 21 or see https://reporting.bmfa.uk/) or by contacting the BMFA’s Leicester Office within 24 hours of the incident. Reports made by telephone out of office hours will be recorded on the office answerphone.

(b)  Ideally, reports should be filed through the BMFA’s online reporting system. Alternatively, the Leicester office will supply you with an incident report form and the office staff will give you any specific advice you need to help you complete this form.

(c) When reporting the incident to the BMFA office, it is essential that you provide a truthful account of events leading to the incident. If you believe that you have any responsibility or liability for the incident then you should declare this on the reporting form. Any declaration you make on the BMFA incident report form will NOT result in you being penalised in any way.

(d) The CAA has set out procedures for reporting more serious incidents in our Article 16 Authorisation and Regulation (EU) 2019/947 (further detailed in section 2.7 of CAP 722)and these are set out in Section 16, later in this handbook together with more advice from the BMFA on the subject.

5.5 Operative Dates

The liability cover is effective from the date of joining until the end of the current membership year being the 31^st December. Note that ‘date of joining’ means, for members of affiliated clubs, the date that payment is made to the club's BMFA contact and, for all others, the date payment is received at the Leicester office.

5.6 Certificates

Individual insurance certificates are accessible to all registered members via their record on the BMFA’s JustGo membership system (see https://bmfa.justgo.com).  To maintain continuous cover, it is vital that your membership renewal each year is prompt.  Any changes to the personal information detailed on your certificate should be notified to the BMFA.  Additional documentation detailing the BMFA’s insurance arrangements can be accessed via the documents button in the JustGo system.

5.7 Product Liability

In any incident it is quite possible for blame to be attributed to a component or equipment failure which could well not be the responsibility of the flyer. The supplier of the component or equipment, who could possibly be a fellow member, could be held ultimately responsible and that could be you. Hence, product liability insurance is essential and it is a key element of the BMFA insurance protection.

5.8 Ministry Of Defence Indemnity and Flying On MoD Property

The BMFA insurance provides Indemnity cover to clubs and members flying on land owned by third parties (Principals) including the Ministry of Defence (e.g. when using RAF airfields).

The formal procedure for securing the use of MoD lands usually starts with obtaining permission from the Commanding Officer, after which a licence can be applied for via Defence Estates.

The BMFA's staff are very familiar with the procedure and will provide help and the necessary documents when needed. BMFA Area officials may also be able to help and advise you on this subject.

5.9      BMFA Register of Commercial Traders

(Formerly the Data, Development and Demonstration Membership Extension)

Following the recent change in regulations for unmanned aircraft, the CAA now categorises flights based on the level of risk rather than the purpose.  As such, flights which previously fell within the scope of the DATA, DEVELOPMENT and DEMONSTRATION (D,D&D) membership extension can generally now be conducted within the scope of the BMFA’s standard Membership Cover - provided they are conducted within the terms of the BMFA’s Article 16 Authorisation or the ‘Open Category’ of Regulation (EU) 2019/947 and do not fall within the CAA’s definition for commercial flights.

The D,D&D Membership Extension has therefore been replaced by the BMFA Register of Commercial Traders which provides a Membership Extension for current members, covering the limited number of activities which were previously covered by the D,D&D extension but which still remain outside the scope of the standard BMFA Membership Cover, including:

• Trade stands at Exhibitions, Model Shows or Displays
• The flying element of flight training schools
• Small scale manufacturers of model aircraft parts and kits

There is no fee for this, the only requirement being to register. Please contact the BMFA’s Leicester Office for further details.

5.10 Personal Accident Insurance

a) BMFA Members are covered by a standard personal accident policy whilst participating in Association activities which include the building and flying of model aircraft for sport and recreational purposes as well as travel to and from the flying site. Reduced benefits apply to those over the age of 85.

(b)  Personal Accident Cover is extended to cover first time visitors to a club who have no previous experience but who are seeking to try out model flying prior to joining the club and BMFA. Indemnity under this ‘First Time Inexperienced Flyer’ provision will only be in place when flights are being totally organised and supervised by a suitable club member approved by the Club Committee. The limit of this indemnity is 3 separate day visits for any single inexperienced flyer.

(c)  Further details of this cover are available from the Leicester Office or direct from the BMFA's broker.

5.11 Travel Policy

The BMFA have arranged cover which protects individual clubs against loss or damage to club equipment at the club premises. The policy provides cover against loss or damage to club equipment such as club buildings and grass cutting equipment etc.

For details of current levels of indemnity and cover, please visit the website or contact the Office.

Please note that the cover provided by this policy excludes:-

• Individual club members’ equipment;
• Storm damage to open sided buildings;
• Theft or damage caused by attempted theft from any open sided building.

Theft Restriction

The policy does not cover damage caused directly or indirectly by or consisting of theft or attempted theft unless:

Involving entry to or exit from a building by forcible and violent means;

or:

As a result of or in connection with actual or threatened assault or violence or use of force at the premises against the insured or any employee of the insured or any other person lawfully on the premises.

Reasonable precautions

As we do not request risk information on each location, clubs must ensure they take reasonable precautions to protect their own property.

Members Property Exclusion

The cover provided by the policy specifically excludes any property belonging to individual club members.