Drones Flying Over Private Property - Can You Stop Them?
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- Опубликовано: 10 май 2024
- Do you own the airspace above your property? How much do you own? Can a drone fly into it legally? If you want to learn more about drone rules and regulations subscribe: / @51drones
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I fly a drone for a news station as part of my job and we've had these issues come up with our legal team since often there are people who don't want us flying where we're flying, and I have to say you're absolutely correct according to our lawyers. People can restrict your activity of taking off, landing, or flying your drone from the ground, but only the FAA can restrict what airspace you're allowed to fly through. Some important notes/distinctions that have come up for our station: 1. Pilots are required by law to comply with instructions or request of law enforcement or emergency personnel, provided it does not interfere with safe operation of the aircraft - Meaning if a police officer tells you not to fly over a car crash, fire, etc. You have to safely land your drone and comply with their request, to this end they are also allowed to request to see your certifications, flight logs, or replay your video to make sure you weren't engaging in illegal voyeurisms. Another important cavate to this is that if you're flying over say a fire and a fire chief asks you to fly to a specific area to give them a better view of a situation you are required to do this so long as it doesn't put your drone or any bystanders at risk. (your safety responsibilities as Pilot in Command supersede these request) so essentially you and your drone can be commandeered for public good. 2. Any space internal to the structure of a property is considered private, so you can't fly into someone's garage, under their awnings, or even below the confines of a closed in fence, which is pretty darn low and cheeky anyway. 3. Your responsibilities to fly your drone safely as PIC are federal and supersede ALL local ordinances or restrictions on where you are allowed to operate your drone from the ground. So for example if you're flying a drone and the wind picks up forcing you to make an emergency landing in a nearby park that has restrictions on drone flying/operations, you can move into the park while controlling the drone in order to maintain visual line of sight and land it safely. Another example of this might be if you have to make an emergency landing in a restricted space and have to violate that space to retrieve the drone, you are allowed to do that, provided you don't have to violate any physical barriers (fences etc.) to do so, as breaking and entering is still a crime.
Good post!
Hi Daniel, every time the police or fire departments go to a location, that current location will be marked by the FAA LAANC system as a "No Fly Zone" and will show up on all of the LAANC apps very quickly.
Longest reply ever!…😭😭😭
Oh shiiit, now im praying for police and fire departments to command me to pilot for them. I found a lost dog once which was amazing lol.
@@CanyonRunVideos just not true
I worked at FAA Flight Standards as an inspector for 31 years. Excellent video and are right on with the info.
Needs to be pinned!
@@playoflightphotographicsllc
Thanks for info, I don’t think I can pin it.@@playoflightphotographicsllc
Thank you Russ for this intelligent discussion! When we know better we do better, thanks for bringing this information to everyone’s attention. I am working on my part 107 certification and I watch all your videos to increase my knowledge and understanding for flying a drone as a business. Many thanks and keep up the good work!
The word I keep coming back to is "transiting" or to pass through a given space. SO if a drone STOPS in your air space it is not transiting anymore.
Great information. Thanks! You reaffirmed some points I’ve read about and brought some really valuable details I didn’t know. Love your channel.
Howdy Russ, thank you for your excellent knowledge in the reporting of these rules and regulations. As always, you do your research, and as you stated, state when you’ve been wrong. Well done, and look forward to you future reporting on this very touchy subject! 🙏🙏
This is such a thorough and informative video from the beginning all the way to the end (Yes! Even the sponsoring part because it is a very useful tool.) Thank you so much for sharing all of the research you did and your knowledge with the public. Liked and subscribed. 🙌
I absolutely love your channel. As a part 107 pilot, I get a lot of great information from you. Thanks
One of my favorite photos is one of a bald eagle taking out a drone.
and the drone chopping it's feet with props.
I've been harassed and recorded repeatedly on my own property. Once while i was washing my car, it was literally 2ft. Behind me and about 3 ft. From the ground. It would also hover just out of reach above me while i was in my backyard. There is not a worse feeling for a woman to feel like she can't even go into her own backyard without being recorded. It's a nightmare. Especially when law enforcement can't do anything either. I understand that for most drone flyers ppl who don't want you to pass over their property is an annoying nuisance, but put yourself in my shoes not feeling comfortable to even go outside on my own property. Us homeowners have a right to peace too
That is definately a terrible experience, and not why I want to own a drone. Bad apples!
I have a friend going thru that too.
Accidentally swat at it with a garden hose or similar tool.
@@BrianCrump007. There will be times, probably with increased frequency, when drones will be used to physically harm people by criminals or case a property for reasons of theft. In those situations, some people aren't going to wait around on a 911 call. As they say; 'When seconds count, the cops are minutes away. '
They already do. It's illegal to fly 1 mile from a jail or prison facility. There are bad apples in every bunch and every profession. All new technology will be tested to limits for illegal purposes.
As a drone pilot myself I really appreciate you making this video.
Drone pilot...... lmao🤣
well than people playing with remote controlled car toys - drivers!
😂
@@flipphonewizard5448 Could be military or commercial 🤷, though the term "operator" is more accurate
Thank you for refining my understanding of the use of the air space over my and others property. With this understanding, I now believe if I’m out exploring and I choose to fly in Class G airspace but in transit to my point of interest I fly over someone’s private property, even if it has No Trespassing signs on the ground, my drone is flying legally and is protected from harm according to federal law/rules.
Thanks Russ, that answered many questions.. & concerns I had about flying around in my neighborhood.
Russ, thank you for this video. You channel is always informative!
You are right, you are not a lawyer
Probably the best explanation of private airspace to date.. Well done man.. I have my 107 and I found this very useful..
It was abouit "navigible airspace", not "private.
Had someone fly a drone really low in my backyard, right outside my back porch door.
The drone was literally watching me, I saw it, stepped out the door and the drone flew away.
It was at night and there was no way for me to know who it belonged to.
I don't think they should be legally allowed to fly beneath your roof or privacy fence.
That's 100% an invasion of privacy and should not be okay.
I am sure that this does not make you feel any better now, but odds are, the person that was filming into your home was breaking the law, both local and FAA law. Odds are if the person was low enough in your yard that he could film inside your back door, there is no way he still had Visual Line of Sight of his drone. The drone would most likely be below a fence line, bushes or trees and could no longer be seen by the pilot. That is against FAA regulations. Let alone breaking "peeping tom" laws.
People just need to chill. If a drone is able to peer into your windows, odds are, they are breaking the law. I am a Part 107 Pilot and if someone is hoovering right outside my window with its camera pointed at me, let's just say I would take my chances in court and introduce a baseball bat to that drone. That being said, 99.99% of the time that somebody is in their backyard nude sunbathing, nobody wants to see pictures or videos of it. Breath, and remember, just about every person around you is carrying a near movie quality camera in their pockets. Unless you want to ban cellphones too, be careful what you hope for.
That's not legal. I can fly over your property but I can't be looking in your windows. Now I can take pictures from the street. If I can see inside your house from the street I can take pictures of it from the street. I can't fly a drone up to your back door for multiple reasons. Drone out of line of sight. Unsafe operation of the drone. Then any local or state peeping Tom laws. Plus after September most drones will be RID compliant. All the new dji drones have it so you can see where the operator is.
@@scottrhodes3701lol calm down drone boy
If you can physically hit the drone over your property with an object you're perfectly legal to do so as long as you don't use a lethal weapon.
@@jamesm568what’s the difference? The bat can be lethal to a human, but drones are machines.
I really appreciate videos like this. The laws seem to be changing all the time, many times for the better, but it's difficult to keep up with. Thanks.
The shorter summary is, only the FAA can regulate the airspace. Local governments can only regulate where you can land and take off. That's the complicated part.
Wow! This is only the second video I’ve seen of yours, and so far The Best Yet for information about flying rules, and info! I just started back flying after a long time away, and of course tech improvements into satellite equipped! Awesome! Appreciate the new info, as because before I got back into them, I had initial offense feelings when a drone flew over me! Go figure! Now I know more about the rules! Thank you! Great job!🇺🇸
Excellent Topic! So very important to a lot of people. I have found that if you can talk to people about what you're doing it really helps. I live out in the country and when a neighbor who was a little agitated with me flying around while he was deer hunting found out I can locate a deer for him that he can't find and offered to do it for free he warmed up a bit. When I told him I can find and film poachers and trespassers, a true friendship was formed. Some people make everything all about themselves and their rights. Be a good ambassador to your community. Show people the good of what you're doing, offer to help try to find a lost pet. If you fly over someone's house, make sure you're wide open on the throttle, DO NOT HOVER OVER SOMEONES PERSONAL SPACE! Simply be a good person, there's a shortage of that in general.
Russ, I have to have one of those hoodies!!! I keep telling myself that lie way too often!!!
Great informative video as always bud!
The thing with Easments on private property is they are intendted for transit, not for extended loitering. So yes you can fly over or 'through' 'private' airspace but it is gerneally a good idea not to loiter for too long above that private property just ot be safe as a pilot. < just a good rule of thumb
@@edwill62 This is so confusing, what part is he wrong about?
@@edwill62 Thanks for your help. I guess I'll get to googling. So nice talking to you, Sir.
@@edwill62 It actually enforces and provides evidence that you can use to prove your actions with a drone. I think you are the confused one here.
@@edwill62 Precisely why UAS aircraft are not flown or given the same justification by definition needed as would a standard aircraft even as a small as Cessna. The determination, at this point, of being fined or criminally charged locally is up to the actions of the operator, their intent, and whether the investigating authority can determine any malicious intent.
For now, as it stands, flying a drone over someone else's property is not illegal by federal code including the FAA but I'm sure that will change into a lengthy and descriptive statute. Whether it be over private or public property, harassment is subjective to the victim and/or criminal code of the local authority.
Without any clear definitive code on the topic, flying a drone over private property in itself isn't criminal nor enforceable unless restricted by FAA rules or sanctions such as a TFR. If the operator is flying in a manner disruptive or intrusive to the property owner, they would have to articulate such intrusion as the airspace above property is generally vetted as public domain unless otherwise explicitly expressed.
For example, a pilot flying low over private property is not immediately considered harassing to the pilot just because the owner of the property deems it as such. The owner would need to articulate explicitly how such actions are intrusive. Most criminal code considers crime against persons or property written with intent as a necessary element of the crime.
On the other hand, it's usually just common courtesy just to ask the property owner for permission to fly over their property if it may be thought that your actions could disturb the owner.
Air rights extend to the airspace above the surface that could reasonably be used in connection with the land. If you're flying over someone's house but not at eye level in their backyard, for example, it's presumed that the airspace is public and no longer under the immediate control of the land owner.
@@edwill62 May I also note that until the FAA makes determination on the airspace below 400 feet in uncontrolled airspace, the limitations of UAS flight over private property is up to the local authorities to regulate. There is no federal law prohibiting drone flight over private property but local laws may have further regulation on the matter, as given to them by the authority of the 10th Amendment.
I ENJOYED this video so much that I just SUBSCRIBED to your channel. I especially liked the part about the air space above property. I leaned quite a few things today. See U on your next Educational video. Cheers !! 😎😎😎
The problem is there’s people who automatically believe every drone is watching them regardless of the actual intent .
I'm in UK. I always doing my best to follow the rules. Never even point the camera at people. I also keep my flight records in case someone want to challenge me.
Thanks for sharing.
This will become the go-to video on this thorny topic. Well done, Russ!
I am most interested in reading viewers' comments on whether airspace usage regs/laws should ultimately be decided at the state or federal level. There are reasonable arguments for both.
Despite being a big fan of federalism and 10A/states' rights, count me among the viewers who believe this falls among the few issues which over which the federal government should have the final say.
I'm always game for civil discourse on topics like this and will be following this discussion closely.
Thanks again, Russ, for a great video!
Agreed
I whole heartedly agree. Excellent video. As a sUAS Instructor I have had this conversation more times than I can count. Russ eloquently when though the issue and explained the nuances associated with this highly debated subject. Well done!
Since the FAA completely regulates ALL registered aircraft in the U.S., there would be no safe way that multiple agencies to control the national airspace safely.
Imagine the nightmare of having to read through the rules and regulations concerning legal drone flying for every municipality within 50 miles. And then keeping up to date on those.
@Strange Daze hovering over someones land does not mean they are surveilling you or your property. Just because I stop to do a horizontal 360 video of the general area does not mean I am doing anything with your privacy. The other question is, how low is this drone? If it is high enough where I can not easily determine if the person is male or female, or for that matter see you at all, I would think makes a big difference. There is very little land in the USA that is not owned by someone, so with that said drones would not be able to fly anywhere if that was the case.
Great video! I was just having this conversation with my son-in-law as he does home inspections and uses his drone to inspect roofs. Sure is a lot safer than climbing on steeply pitched roofs. I also checked into drone laws in New Zealand as I have a daughter that lives there. According to what I read you need permission to fly over someone’s house unlike the USA.
He has his 107?
Umm There is a difference between flying slowly 2 meters next to your house and inspecting and flying over your yard 10 meters above the ground and generally doing transit flight. I think it all relates to how invasive is the flight to the owner. But I doubt you need to have a permission to fly above someone's property, coz that way all the planes, rescue helicopters, private ultralight planes would need to have permissions too.
@@misiakufal
Aircraft and helicopters don't LINGER over Private property. They are doing an OVER FLIGHT. I live near a National Guard Base and helicopters and fixed wing Aircraft are constantly flying over my property. But they don't LINGER over my property. I have wind turbines and I had to put lights on the turbines as per the FAA. I had my property before the National Guard Base was constructed. But I still had to install lights on my turbines. Can you imagine a C-130 or a C-17 just missing your wind turbines by inches? Now I have red strobe lights on my turbines and my roof.
Great video, thank you very much for clarifying that information!
Thank you for clearing this up it's always good to hear facts
How and what made this Facts ?
Great job, Russ. Concise and accurate information. Everyone, even Clyde, needs to watch this video.
Great video and as an owner of a couple of Ecoflow River Pro's they are brilliant.
Thanks a lot for this video. It's very kind of you
This video was very helpful. I have my Part 107 license but this topic has always been the one that I struggle with because people tend to assume the worst when it comes to drones. This gave me a better understanding. Thanks!
Dont be fooled a lot of city agencies, private organizations, etc. Know about the FAA rules and assume that YOU dont! Knowledge is power my friend. Also as a part 107 pilot, flying for work allows you to keep up the FAA and educate others as well.
Hey Russ, very informative video! I'm a Part 107 card carrier and I've found when I'm at a job site to shoot (poor wood choice) aerial photography, I wear an orange and black highly reflective jacket that states I'm a Certified FAA UAS pilot. This jacket has saved me from many conflicts and actually has enticed the curious to ask me questions and create many great conversations. Just my two cents. Thanks for your diligent research.
I do the same if it's an area with a lot of people around. I also have a choice of vehicles to take, and if I think that the location has a high probability of getting hassled, I take my nice car. Otherwise I take my "beater!"
Is this a homemade jacket? I'd like to see it. I don't suppose you have any photos?
I wear a bright green one that says - FAA Certified Drone Pilot in large letters on the reverse. Makes me look official.
@@shawnmulligan4564 Thanks for the suggestion. I was pleasantly surprised at how easy it should be to have a custom vest made.
Yes; there certainly is a difference when I wear a safety vest and not. Just a stupid safety vest, with a badge holder, somehow makes you "official" and people don't question your presence.
The rules are simple: As a drone pilot, behave just like you would expect others to behave.
My play set:
- Respect private properties and think about noise abatement.
-If you are on a job and you need to fly over or around a private property for a longer period of time, maybe consider informing the owners beforehand and kindly inform them about what you are doing and the legal situation. Involve them, do not fight them.
- Try to understand how uninformed individuals feel about drone operations, especially over private grounds or crowded spaces. There is a huge difference between a drone flying over a property briefly or a drone hovering low level for 15 minutes at or over your premises.
- Do not operate close to people and if so, behave like a pro. Doing crazy FPV practice in crowded parks is a no-go and an annoyance to others. If you want to practice, go somewhere less populated and avoid confrontations.
- Inform people about drones, safety and rules,, do not fight them
- Do not film individual people, assets or properties without permission
-Act like an adult and always be friendly and professional. Do not act like a Drone-Caren...
Aviation in general is and should be a thing for humble, professional and honest people, not a place for harzadeurs and reckless personalities. Do it professionally and resonsively. Tell others to act accordingly.
Well stated.
@@51Drones Just my thoughts, keep up your great work for the community!
Russ, have you seen Florida's Blue SUAS List? And what are your thoughts on the NO DRONES signs that places put up? If you are taking off and landing beyond these areas, but the areas are beautiful and worthy of videoing, are they able to do anything about it? Great videos by the way, always watching 👍👏
I treat no drone signs like I treat no guns signs. If the law doesn’t give them any force, ignore them.
Yea, Arkansas limits filming a bunch of infrastructure (including police stations and court houses) as opposed to flying in the airspace. I use the top of the trees/roofs as a minimum altitude, but I like getting permission too! Great vid.
Um. Yeah. They can’t do that. 🤷♂️
very informative!! Thanks for always keeping us informed.
Great info, thanks for researching and sharing.
Great video Russ, thanks for sharing this information, it can be a very touchy subject with some people, who do not understand or want to listen to solid facts, yes many here would appreicate more videos on this topic. Common sense and respect can go a long way in resolving airspace rules. Lot of good tips from the reviews.
In Canada we own the sky to infinity above our property..with access easements like commercial and general aviation being obvious..but a drone? Im thinking slam dunk lawsuit..civil courts dont have to accept "gee i have a wannabe pilots "drone" license:)
Clyde: “I thought it was a hawk after my chickens!”
Great job on this tricky topic! I'm keeping this video bookmarked. As a 107 certified commercial drone operator, this is something I have to explain on a regular basis. Just to expand on local laws, drone operators do need to understand just because they are legally allowed to fly over private property, they are not able to commit a crime or violate local ordinances by doing so. This means they can still be charged not only with voyeurism and spying but harassment, damage to property, public endangerment, and more. Also, many local governments (mine included) have illegal, federally pre-empted drone laws on the books, and LE can still enforce these laws, leaving it up to the pilot to take the case to court. I spent several months trying to have such laws reversed and was finally told that these laws will stand until they are tested in court. Finally, it's usually better to avoid conflict in the first place, and deescalate by moving to another location or taking the time to explain what you are doing and why. I know a lot of operators who just quote the laws without actually addressing someone's concerns. Thanks again!
@@FlyingBuzzard That's right, which is why the handouts I carry have a whole section for law enforcement explaining their jurisdiction. However, the problem is they often don't know or don't care.
City, county , states rights vs feds, local laws are legal, and local LE know thier own jurisdictions law. DC idiots don’t. Majority of law is at local level. Look at sanctuary cities, weed cities, legal,in town, still Fed violation or the opposite, Feds allow, locals don’t. FAA can only regulate what’s in its agencies authority to do so. They have hands full with CA/GA manned aircraft, unless you interfere with manned flight they don’t have bench or bandwidth to cover tens of Millions of drones. Look at ATF,3000 agents for 331,000,000 people and 425,000,000 guns.Even common core math tells you not doable. Most issues will be handled locally, and FAA will probably only focus on UAV/Manned flight incidents or restricted space incursion or single unique one off incidents. Most property owner probably care less about one off fly bys, but if you’re repeatedly harassed, then they get mad. And if you are doing something questionable as operator, the last thing you want is LE involvement, so you won’t complain if you get shot down, otherwise LE wil see all,your photos and videos etc and you might end up,with dozens of charges if they find out you been photographing multiple persons etc. especially minors. Bad people never will call,police, they be thankful they didn’t get caught and move on.
Drone operators need to monitor and discipline their own. You need a regulatory system to deal with drone operators that harass domestic abuse victims, hover in their windows day and night, drop trash on lawns, fireworks on rooftops and dye packets into private swimming pools. These are the operators that are going to be the reason for regulation, laws, fines and jail time. It is just a matter of time.
Promote drone search apps for the General Public to catch these drone Kevin's or be regulated further.
I took an online real estate course some years back and in the course it made mention of as a landowner you have the right or own up to the useable space or airspace above your property but not further (It was the section on Land Rights and usage of land as well as easement and other peoples right to said land), so I imagine if you build higher the height, airspace would increase. This makes common sense to me. If everyone objected to flight above the airspace above there property to infinity we would not be able to get anywhere. I imagine that is why the FAA is in control or the authority for airspace here in the US and of course law enforcement and fire in regards to criminal activity over airspace or interference in fire situations or emergencies in the airspace.
You know what I've found to be a great deterrent against know-it-alls? I bright yellow reflective vest that says in big bold letters: "Part 107 Drone Pilot: Do Not Approach" along with my 107 license on display in the clear chest pocket.
I've considered getting something like this since a neighbor of a house I was getting aerial photos of for a realtor ran outside waving a rifle around and screaming. I've shot over one hundred homes this year though and never once had an issue like that, but that one certainly made me consider taking measures to avoid it in the future.
Do you also wear your "Soverign Citizen" beanie?
Great job explaining the rules! I’m sure if I decide to take off and land in my neighbors property that could be considered trespassing. I know I’ve been careful to take off and land in a public area. I’ve had a few run ins with people asking me if I’m allowed to fly…which I am. Also I’ve noticed the more I look official (safety vest, clipboard, etc) the less likely I’ll be stopped. 😊
thanks for making a nuisance of yourself
As you said initially... Until it interferes with the normal use and enjoyment of your property which is a totally different set of laws than the FAA.
Manned aircraft are required to stay 500 feet away from any person, vessel, vehicle or structure except for the purpose of take=off or landing IIRC. Does this not apply to drones?
It does NOT. I’m a licensed part 91 pilot and a part 107 Commercial drone pilot. The rules are very different. You can’t exceed 400 ft AGL (above ground level) with few exceptions with a drone but in a regular airplane you can’t get below 500 feet with a few exceptions (crop dusting comes to mind) and at least 1000 feet over a city and 2000 over a National park as I recall.
Anything that applies to manned aircraft should also apply to unmanned aircraft, it's only common sense.
@@pauldentler7127common sense is telling you to have safety equipment for pilots that aren't there?
@@HaHaThatIsFunny The safety is for those around the aircraft rather than those piloting it. So yes, it is common sense.
@@pauldentler7127 that would be so stupid
A while back my next door neighbor's dogs, which were tethered together, we're stolen. Without the behest of my neighbor I got up at 5:00 in the morning to fly my drone with this thought in mind. I fed my dogs early and then they went out to do their business. With this thought in mind I flew over the backyards at a high altitude with the gimbal straight down and on the second day I found the dogs. As I thought they weren't too far away and this person that took the dogs thought that they were being mistreated by being tethered together. So I flew over many properties at a pretty good altitude at Dawns light.
I replayed the video clip for my neighbor and he got the dogs back. Lucky for me nobody filed a lawsuit or anything like that. Flyboy K85
This is a justification for flying over peoples homes. Doing it casually…like a peeking Tom is not acceptable behavior. Glad you found the dogs.
Your motivation was heroism. Too many others is way less noble.
You can actually sell the airspace above your property just like mineral rights - this goes on the deed/title of the land. I sold the airspace above my house to the FAA because I’m in the approach way of an airport, so I couldn’t actually use it anyway and the FAA provided soundproofing for my home as consideration for the deed modification.
Hope they paid you at least seven figures to give up your property like that. I wouldn't.
@@tcapone1734 seeing as how the FAA already owns/controls the airspace near an airport, I wasn’t really selling off anything I hadn’t already lost…. And it was big 5 figures, near 6 for all the windows, insulation, and soundproofing.
Would you do it again?
@@MarkBerenger and yet the windows and other soundproofing in my hose today along with the contract I signed that explicitly calls out the FAA seems to indicate they will pay me for the airspace above my house. Your general idea isn’t that far off however. I don’t think they were required to pay me, but they did so I couldn’t sue them or the airport - it was way cheaper to just “buy the airspace” than to fight a lawsuit I suspect.
Yeah; more taxpayer money handed out, so we ALL get fleeced, as usual, to give $$$$ to someone else, by FORCE.@@tcapone1734
Very well explained!!
I had a debate with someone about this. I ended it with “have you ever heard about owning beachfront property, and how people are allowed to walk along the beach ‘on your property’?”.
He agreed, adding that it was considered a public easement.
I said ya, thats why you cant prevent aircrafts from flying in ‘your airspace’, because its a public easement for aircrafts…
He promised me I was wrong 🤣
Washington State grants public easement at beaches only below mean tide line. In other words, at low tide near the water you can presumably walk along the beach but higher is not part of the easement. Hawaii, on the other hand, the State owns all beaches.
@@thomasmaughan4798 what about on a river or lake? Not all beaches have tides.
@@halkael2317 "what about on a river or lake?"
I have not studied that aspect. I suspect given the jealous guarding of waterfront property that lakes and rivers are privately owned right down to the water edge.
@@halkael2317legally surface water is in the Public Trust. So no one can technically own the water but can own the property around it and under it and in some states the land owner can sell the water. US laws are such a complete mess.
Very informative. Thank you for posting.
I fly several times a day 6 days a week, and I can count on one hand how many times I had some local person give me a problem. If I see neighbors or concerned citizens I inform them of the operation. I have had many occasions where the neighboring home owner pops out to ask why that drone was over their property. I tell them, offer to show them images captured, and that generally stops any further issues. In fact, many of them are just taken by the imagery I have on the monitors.
More issues can possibly develop during missions where the drone is repetitively flying the same routes. Again I think those having the proper professional looking vests, communication with residents are a remedy for any action or concerns of private citizens. On the other hand I have seen many in plain clothes uAS operators get the attention and a more heated concern or confrontation from residents.
I too have on rare occasion had a homeowner warn me about shooting down our drones, but I quickly remind them of the FAA laws prohibiting them to do so. They usually walk away afterward.
Your images response is very weak, if you told me that I would say, how do I know your not using your drone for surveillance to find out who owns what in there yards
worth stealing ? who is growing a garden or has a greenhouse worth breaking into ,(food inflation has caused massive garden theft in the past 2 years)
@@flolou8496 - And your concern is "VERY WEAK" as well. Assuming everyone around you is a thief, Jeez!
So it appears I own Polaris and the Andromeda Galaxy. Get off my galaxy!
I plan to use this video as backup hopefully i never need to but thank you for making a concise confident video as such
Yes this Video should be great back up ,For what i don't know but go for it .
That was a good informative video. Thanks !
It depends upon what the drone is doing. For instance a Peeping Tom was using a drone to peek into a young girls bedroom. It was only about 5-6' off the ground and was below the top of the picket fence. The father used a fishing net to bring it down. The local police were not able to positively identify the owner/operator. When contacted the FAA was totally uninterested. The FAA said call them back when the owner/operator was arrested.
Can you provide any proof of this? I'm genuinely curious.
@@fetherolf13 It happened to my across the street neighbor. As posted there was nothing the police could do and the FAA was not interested. With the current situation with Remote ID it may have helped if that functionality is installed by the factory and made non-removable. Strangely enough the family became interested in drones and now participate in a drone racing league.
Here's an idea. Close the curtains. Problem solved.
@@ifly-fsx Here is a better idea do not be a Peeping Tom!
@@NighthawkCarbine Here's an idea. You can't control other people. But you can control what you do in your own house.
Very informative video, funny just the other day my wife and I discussed the issue of privacy. My wife was a magistrate in the state court system and had heard of cases/complaints about drones. She said it was a gray area, neither judges, lawyers or litigants were never quite clear on the state/federal laws. Your video should be required viewing for law students.
@@FlyingBuzzard "regulators" do you mean the lawyers, and/or law makers?
regulation is not law. Actually Common law and property rights should prevail. Some Government agency cannot just decide to take private property. Reasonable people would probably agree at 400 foot or so for Private light weight UAV is OK but Commercial No Way. Next big thing will be Jammers..Also. Property ID broadcast and flight blockers. Pilots will agree if reasonable. The FAA isn't GOD and a rule is not a law unless I agree to be brought under it. PROPERTY RIGHTS ARE WORTH FIGHTING FOR UNLESS YOUR A FROG. THE NOTION THAT FEDERAL LAW TRUMPS EVERYTHING IS WRONG. Read the people that wrote it. IF YOU WANNA ALLOW PEOPLE ON OR IN YOUR PROPERTY GO AHEAD BUT MOST PEOPLE WILL FIGHT YOU OVER THIS.
there are enough slip n fall lawyers as is.
@@TelecasterRon Should be at least 500 feet
Thanks for the info I have been thinking of getting a drone but wasn't sure about the air space part.i would think going straight up you could see alot
Thanks for the update
It's not 83' ... it's 500'. 😂😂😂
Very informative. We need videos like this to remind ourselves, Part 107 or otherwise, what the rules are.
A nasty example of how this can go WRONG is a local neighborhood home owner's association now has a drone and they fly it over each house to get to areas that are not visible from outside the property. So they can charge you with "violations" that are totally invisible other than from a drone flying overhead!
Yet another reason to NEVER buy a home government by a HOA !
That is spying or surveillance and would violate many local ordinances. The HOA does not have an inherent right to do that. That has nothing to do with FAA airspace.
It sounds like their use is indeed outside the definitions of "recreational" and the pilot of said drone should produce proof of their Part107 licensure upon demand. ;)
@@markfarrer1162 sadly if the gestapo hoa was smart they would put that into their rules. No way will I EVER be part of an hoa as ill be darned if control freaks like that will tell me what I can and cannot do on my property.
@@markfarrer1162 HOA did that exactly recently. Not with a drone, but using Google map satellite view ! And issued a fine to someone having a "non allowed" storage unit in his backyard.
I was gone skip the ad till you said don’t skip 😂
Very informative. Thanks for this.
Great information as always! I really appreciate this. My story: I was flying my drone at my house neighborhood like I always do.( my drones are registered with FAA, I'm trust certified, I follow all the rules) one of my neighbors, came out the other day, and he told me do not fly your drone over my house. I said, " no problem " because I didn't want to start something with my neighbor, but clearly he hates drones, do not know the law, or its hiding something. Lol
@@FlyingBuzzard Umm...did you not just watch this video? Or do facts and the law just not matter to you?
@@FlyingBuzzard no you haven’t. Do you even fly a drone?
@@FlyingBuzzard you’re making it an absolute issue, which it isn’t and no one claimed it to be. It is clear that only the FAA makes the rules for airspace to avoid a “patch work of laws” that would make the skies unnavigable. Denying that is either ignorance or intellectual dishonesty. Now if some one is flying outside your window 20 feet above the ground “looking” in, than that is obviously a different issue. But if someone flies through the air over your property at 100 feet, then there are no laws violated. There is no trespassing above ground.
You may not like it, but that doesn’t mean YOU get to ignore the law.
@@BigAlMerrill Different reality, different facts.
You can fly "over" his house all day long. The issue only comes if you are accused of surveillance. But if you want to do laps around your neighborhood which includes flying over his house, you aren't breaking the law.
Slightly different, but relatable to your topic. Before drones, the rule for admissible photographic evidence (without a warrant) collected from manned aircraft used to be:
•500’ above the property
•Photograph/video not zoomed/enhanced
Source?
@@bobclark5197 I believe 500 feet is the limit to how low you can fly an airplane per the FAA
@@bobclark5197 § 91.119 Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface-
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-311, 75 FR 5223, Feb. 1, 2010]
Great video! The way you described airspace makes me compare it to a navigable waterway across someones property (at least in my state). In that situation, people generally have a right to float across a property but not a right to exit on the land and in some places even standing on the stream bottom is trespassing. You focused on trespassing, but what about ones own property. Say one owns 100 acres. If you do own property from the surface to the ‘outer limits’ and the people or government only has an easement across it, it would make sense to me that one should be able to fly their own aircraft/drone as high as they wanted, as long as they stay above their own property (which is easy with drones on small properties). Kind of like one can drive a vehicle without a license on ones own 100 acres or even let their under driver license age kids drive there. Wow can’t believe I went down that rabbit hole….yes I have my Part 107 certification. No I’m not testing it.
"it would make sense to me that one should be able to fly their own aircraft/drone as high as they wanted,"
Except that it doesn't make sense. It isn't about *ownership* it is about *control* and if you have decided to fly 14000 feet above your property, you are now endangering manned aircraft. Helicopters generally stay 500 feet and up; manned aviation usually 2000 feet and above, that's basically why drones 400 feet and below. It creates a 100 foot buffer zone between drones and helicopters. Out in rural areas the situation is different; agricultural aircraft can be just above ground level and going rather fast.
Excellent video. Great description of the rules.
I was in a really nice neighborhood shooting drone photos of a house recently. While getting a couple of my shots (and just after the realtor had left) I needed to fly above the property across the street to get one of the angles. This guy comes running out of his house waving a rifle around screaming like crazy. I was almost done anyways so I just kept it moving. Then someone I know in that neighborhood sent me screenshots from their fb group and he's on there ranting about how somebody was flying a drone outside his window of his office where he had HIPPA protected private documents laid out across the desk. And let me clarify; even when I was above his house I was at least about 25' above the top of the structure and as a policy whenever I have to make a maneuver like that to get a shot I always get in and out as quickly as possible and take care to never point the camera directly at the home to be respectful. I get that people value their privacy but it would've been so easy to just walk outside, flag me down, and ask me why I was flying above his home. Luckily I've never had a situation go further than that but it definitely made me aware of the possibility of things going sideways and getting out of hand just because I'm out here doing my job.
also, people dont realize that FPV drones arent looking downward to watch what they are flying over, they look forward so very likely none of the property is even in the shot.
HIPPA doesn't apply to civilians, it only applies to first responders and doctors, nurses, etc.
@@MichaelCook1981 I know, it just made his actions seem even more childish to say stuff like that. Just tripped me out that instead of saying something to me he went straight to waving a gun around.
Maybe you could have knocked on his door to inform him of your job & intentions. As a trim carpenter, if I planed on working through the night on an unoccupied home I would ( in daylight hours) inform all next door neighbors, what my plans were. Just as a courtesy, as I was not legally obligated to do so.
lol imagine going around the neighborhood to warn the neighbors to just fly a little drone a around... the responsibility shouldnt be on drone owners to warn people that shooting down a drone is a really dumb idea (and a felony)
Certainly a touchy subject. Drones transitioning through a navigable airspace is one thing…like a commercial airliner flying overhead. I’m sure what most folks get hostile about is the possibility of drone-based voyeurism occurring while you and your family are out in the backyard at the pool or wherever…the paparazzi-effect.
Would it be different if the aircraft were manned? It seems as if people care more when it is unmanned.
@@realitywave What they care about is the high definition, recording cameras that people fly on these drones. In that respect there is always a person-in-the-loop.
@@yellowboxster06 right. Agreed. So how is it different when there is a person in the aircraft? They have the same recording abilities. So why is unmanned a larger concern then manned?
@@realitywave the Sneak factor goes way up. It is filthy behavior to spy and payback is a bitch.
@@bjm315lacy9 agreed. Still don't like a manned aircraft flying low and circling a residence either.
I think what would have helped tremendously is if you would have covered (in general) the FAA rules, like the registration, controlled airspace, etc, since a lot of people may live within controlled airspace and not know it and are illegally operating drones. I do and nobody flies a drone around here.
That makes sense. If you have a navigable water way on your property a boat can pass through but cannot touch the bottom of waterway without trespassing.
It surprises me how many people want to threaten to shoot down drones for whatever reason. Whenever I hear that, I attempt to educate them, but in today's "know it all" nature, they refuse to listen. So I wish them well when they get hit with a felony. Meanwhile... a couple weeks ago I was in central Utah riding the Paiute Trail on my ATV. I came across some very old NO TRESPASSING signs at the start of a trail. I checked the map (a recent map) and nothing was mentioned about any private property. Curious, I launched my drone and from about 150-200' up (where you can neither see nor hear it), I followed the trail for a while and determined there were no structures/residences or anything else. No idea why those signs are there. But this was easier than potentially trespassing and having somebody shooting at you.
In California the pot growers not only put No Trespassing signs on public land, but install locked gates!
Former Utahn here: Yeah I know exactly what you are saying. With that said, I wonder what the rights of the operator are if someone is attacking their fpv drone with ground fire? I mean getting whacked in the head by a one kilo 5” fpv quad going 90 mph would be a really bad day 😂😂😂
I was showing a couple (I’d say middle school aged) kids at a local park w/ a skatepark my drone and answering some questions they had about it; shortly after an adult who I guess skates with them a lot showed up and asked about what they were doing; after they left and went to hangout and talk with him I overheard him bragging to them about how he always shoots at drones from his property and had personally shot down a few. Now, I think he was just blowing smoke and trying to sound cool. But I made it a point to let the kids know before I left that it was illegal to do that and that drones were much cooler than living in your moms basement and smoking cigarettes and they agreed.
What if one buys a bunch of cheap drones and flys them into the trespassing drones by accident...oops 😉
@@knarftrakiul3881 That would take some serious skill.
According to the faa the national airspace starts at the grass. I would never do this. But if its within line of sight, flying head height directly over someone’s property is legal. Again I would never do this…
That would then be ruled under harassment laws.
Class G airspace is uncontrolled. Class E starts at 700 ft.
I fly head height from my yard into my next door neighbors yard perfectly over the chain link fence loop around and come back. Some back info though: They’re a retired grandmother and I’ve asked them if it bothered them and they said as long as it didn’t bother her dog when she let it out to potty she had no problem with it. It helps to make contact and just ask; I told her about the rules and we laughed about them some but I still think politeness and professionalism goes a long way.
@@n539rv class e typically starts at 1200 agl but is lowered to 700 agl with certain instrument approaches around some airports. Class e can even funnel to the ground with non towered airports with an ils approach. But I get your point.
Apart from the law itself, there is just neighborly consideration, or even just being a thoughtful human, and compassion and understanding. Yes, I know, it's probably too much to ask of many people. My only experience with this topic was shortly after Christmas a few years back I heard a buzzing like a swarm of bees over my back yard. I was honestly perplexed this being my first encounter with a drone. I looked up, saw the thing hovering about 30 feet up over my property, waved my arm like "Get the hell out of here." and it left. So, I appreciated their good sense.
Now we're going to be taxed on our above airspace. 😂
This will be a good power station to charge my drones since it has 256Wh of capacity.
I think some important words in the subject are TRANSIT and NAVIGATE. If a UAV is intentionally dwelling over another persons property then other laws can apply.
I agree. A "navigable lien" on your property rights I can see and agree with for the point of modern technology, drones, planes, helicopters, etc... But the second they stop and hover, that drone and operator best take cover. As I see it, that's voyeuristic behavior, harassment and trespassing.
@@RussW. I'd allow a bit more than a second before I assumed bad intent. On my first flight it took me a good minute of hovering over a neighbor's yard before I could get set up to film an "orbit" rotation around my own house. If I stayed hovering only over my own yard, I would only be able to film my roof.
@Charlie Gorichanaz That's taking my words quite literal. But now that you bring it up, if a guy was peering into your window, looking at your wife or kids. Does a second matter or is it only after a minute you'd take action? My comment is in regards to the intent of the action, not the time.
@@RussW.not taking cover. But I'll take your guns. Your right to vote and let you see the inside of a federal prison for around 20 years.
Shooting a drone is a violation of US Code 32. The Code aims to protect drones from any damage and destruction. The penalty for shooting at drones as per US code 32 is a fine and 20-year imprisonment. Although you may own the property, you don't own the airspace above it.
How it made you feel doesn't Trump federal regulations. But federal regulations Trump state and local ordinances. I can fly over your house any time I want, and stay above it for however long I want. As long as I'm not at window level or out of line of site I can be there legally
Fantastic info. Love your research as well as your conscientious approach. Keep up the good work!
I am a recreational flyer and I live in a rural area in NW Pa. 95% of my flights are out of my yard. An incident occurred on September 3, 2023 and the PA State police now have my Air 2S. I was filming a hyper lapse video of the sunset when I received a critical battery error (my own stupidity) and the drone made an emergency landing about 400 meters from home. I could see that it had landed on a neighbors property and waited until the next morning to go there and ask permission to search. When I did they told me that they had found it and called the police who came and took the drone. I was happy to hear that it was found and figured that all I needed to do was call, explain what happened, and go retrieve it from them. I made that call on September 4 and was told that the officer involved would have to call me back. I waited a few days without hearing a word then he finally contacted me. He informed me that I wouldn't be getting the drone back soon if at all because there had been other complaints, about drone flyers in my neighborhood. I explained that I could easily prove that there was no malicious intent on my part by showing him the flight logs. I also told him that everything I filmed would be on the memory card in the drone and, if he removed the battery, he would find a sticker with my name, address and phone number on it. He didn't want to hear that though and was very arrogant and downright rude when he told me that he was gathering everyone in the area who had complained and they were taking me to court. When I inquired about a timeline he said that he couldn't even start the 'investigation' until he gets off of 3rd shift. Its been a month and he still has not started the investigation. Since then I've done some research and found that civil forfeiture laws exist that allow them to keep property indefinitely even if there are never any charges or arrests made.
UPDATE ... I received a call from Trooper Lewis of the PSP today and he informed me that he would be filing 'unlawful use of an unmanned aircraft ' and also 'disorderly conduct ' charges against me. The disorderly conduct charge really blows my mind. When I asked him about it he said it was because 2 other officers had visited me with warnings. Those officers never issued any warning either written or verbal. Unfortunately with my wife battling breast cancer and heart problems and with both of us being retired on a fixed income the money won't be there to hire a lawyer and fight this and my income will keep me from getting legal assistance.
If a drone enters my airspace, I have something for that.
Future felon alert!
I agree with 100% of what you said in this video. Great information and hopefully the RUclips algorithms blast this to all the Karen’s of the world. I know The city of Niagara Falls as well as NY State has drone airspace restrictions in the area around the Falls and when I get a chance later today I’ll post or send a link. With that said, DJI Fly doesn’t enforce a NFZ there. When I fly near Niagara Falls my biggest concern is accidentally flying into Canadian airspace as well as possibly getting a flyaway due to DHS ground sensors but I’m not sure if that’s really possible or something I’ve dreamed up in my head lol. I’ve never flown the actual falls but I’ve been over the lower rapids in the gorge with a mini seas well as many many bandos in the area and had no issues taking off or flying due to nfzs. The Niagara Falls airbase is another story though. DJI does enforce that nfz, just not the ones over NY State Parks and the city ordinance in my experience. When I take off and land I make sure I’m not doing that in a prohibited area but honestly, the cops in Niagara Falls have way bigger fish to fry with all the drugs, gangs, robberies, murders, and suicides that happen there. Most people don’t know about that I guess because it’s kind of like in the movie Jaws; it’s really bad for tourism when you report one or two people a week taking the plunge out of desperation or getting raped or robbed near the casino…. 🤷♂️
Niagara Falls area has a heliport on the Canadian side and I am sure there is also one on the US side and that's probably the reason why there are restrictions. I mean in the summer Niagara Falls has thousands of tourists and is very busy with helicopter tours. So flying a drone would not be a good idea.
@@richieyyz I would disagree, 1 helipads don’t constitute no fly zones, and think about what you said there are a “thousands of” helicopter flights each summer. So I’d ask how it’s safe for there to be multiple larger aircraft like a helicopter but not a small aircraft like a drone? Based on the rules we already have you need to give right of way to other aircraft so that should already be covered. The thing most likely is, is it considered a national park? Since you can’t fly in those or around national monuments of which it could also be considered.
@@richieyyz those areas are nfz’d. But non navigable airspace is what I’m referring to. But even with that said; the pelicans, geese, and seagulls weigh far more than a sub 250 drone as well as outnumber them in that restricted airspace by 10,000 to one easily. The only viable reason for the ban is to generate revenue through waivers in order in order to take drone footage of the falls. Also, I see tourists from India flying their minis all over the place in Niagara Falls lol. The US heliport is on the north side of the rainbow bridge on top of the Red Roof Inn I think. Above 200’ AGL in the lower gorge and above 100’ AGL above it outside the nfz for the helipads is the actual FAA nfz that DJI tags I think. It doesn’t block you from launching at Devils Hole rapids. The wind currents are crazy there though and that’s what keeps me from flying it. Definitely don’t mess around over the water hahahaha
@@FlyingBuzzard that’s doesn’t sound like anything has changed. The FAA never would have handle peeping or trespassing laws. However a drone IS classified as an aircraft you follow airspace law. The thing about the police are they can always charge you with whatever they want. It would be settled in court. So no different than any other day.
@@FlyingBuzzard just based on some of the things you said you contradict yourself as well as say things that just don’t make sense. Like they classify drones as aircraft but then you say you can’t fly it over private property and that you own the air over your lawn. That’s not true. There is only one case of the FAA losing a case because airplanes were flying over the man’s chicken farm and was killing his chickens. But With that ruling never actually stated that a citizen owns the air. Also if the private property was a thing people could just shoot down any helicopter or plane they saw over their property. Which is a felony. The thing is you have rights too.
Very interesting and informative, thank you
This was very helpful, I hope more people Learn the rules.
I bought a drone a few months ago and every time that I fly it, I get those laser eys from all around. I flew it over the harbor to take some video of my boat after Hurricane Ian and was told that I had to land immediately, was called all kinds of names and was told I would hear from their lawyer. I did not hear from anyone, but this seems the general reaction I have had. People hate drones when it is not theirs.
This post gives me worry about becoming a drone pilot! If every other time you launch your drone your going to be interrogated by someone watching you, wth, who needs that grief?
I guess you have to go into the hinterlands where no one will see you?
I have my Part 107, and I can understand why airspace needs to be "shared" but when in relation to private property and flying over I think it should be illegal/remain illegal to record or "spy" on private property because it does remove the feeling of having a safe space on your own property.
It's still illegal to "spy" on private property, say on your neighbor's significant other hanging out by the pool. If the drone happens to clip the corner of their lot on its flight path and your intent isn't to intrude on privacy, that's legal. Basically if a manned aircraft could safely fly there it's legal to fly a drone through the same airspace. Now that won't preempt state and local noise or nuisance ordinances if flying in a reckless manner like hovering 10 feet above your annoying neighbors roof for 30 minutes.
"it does remove the feeling of having a safe space"
You may be granted property rights but the law does not care (much) about your *feelings* since how is that to be codified in law? There is only what you, or I, DO.
It does slightly change the "plain sight" aspect of privacy laws; your expectation of privacy ought to change with the advent of camera drones. It is certainly the case that for the past 100 years or so airplanes and helicopters have the same exact ease of photographing your back yard. Where's your *feeling* of safety about that?
Great video! I understand both sides, I’ve had people flying over my property with their drone when I have an outdoor shower. I also fly my drone and try to do my research on the area beforehand.
IMO
I think drones should be allowed over property, but they should not go under a certain height to respect privacy. I also think that if someone with private property doesn’t want drones flying over, they should have a way to get their property in restricted airspace to a certain level where sound and spying can’t affect the property owner.
Here’s an example of how this might work:
You are on public property and are going to fly your drone. The property next to it is private and the person set it so it’s restricted. That means you can only fly 300-400 feet above it unless they have you permission (just pulling a number out of my butt, this would have to be looked into more). If their private property either hasn’t listed and or does not care, you can fly no lower than 100 ft as to respect privacy.
I think it boils down to what can you see (to prevent creeps), and what they can hear.
Thanks for the info, very useful.
More fun than clay pigeons! Pull!
Other then clay pigeons won’t get you a felony
when the gov flies over private property with a camera running......i see that as a 4th amendment violation absent a search warrant.
Me too but new law unfortunately disagrees
Search warrants are not needed for people or things in plain view. If I can see you brewing hooch in your backyard, you have no defense. If I climb over your fence and peek through your garage window to see you brewing hooch, that is something different. You have no expectation of privacy in public or any area of your property visible to unassisted, normal eyesight.
@@kevinadams9468 Using a spy drone in not "normal eyesight". Im sure that you are correct per the laws created by government,for government; but that dont make it right. TYRANTS!
Am I trespassing when I fly over your house in an airplane?
@@O5680 No; but you should not be able to take hi resolution/close up photos without a search warrant.
I have pondered this question since before I obtained my part 107 certification. The problem is that most people are applying a 2D answer to a 3D concept. Aircraft have been flying over personal property since aircraft were invented. Only since the advent of UAVs has this become an issue. While flying, I often wonder if someone is going to come and complain that I am spying on them. So far, it hasn’t happened but I am waiting for that eventuality. I try to stay current on actual law regarding UAV flight so that I can refer a complaintant to said law. This particular issue is a difficult one and I always fall back to “you own the ground, the FAA owns the air above it, else airliners could never fly anywhere” retort. While it is not entirely true, I feel like it will give pause to someone complaining about my flight. Easement of NAS is the better way to explain it. I’ll have to modify my argument for flight to include that. Thanks for the heads up. Translating actual law into language the ordinary person can understand is not easy and you have done exactly that!
@@FlyingBuzzard AS Russ said...don't just state your opinion. Please show the enforceable laws that backup your statements.
As a private property owner who has had a UAV over his property in an act of “casing” my place I am concerned about drone laws. I know they were casing because 1) they hurriedly retrieved the UAV when they were discovered and 2) they have engaged in criminal activity in the past. They were ID’d at the deployment site and we knew their home address. Police are too busy to do any investigation on these kind of incidents, but I still feel my privacy violated.
I do not have an issue with a drone flying through my airspace. I do have an issue if one hovers in my airspace. Hovering in my airspace is harassment. How do you catch someone flying a drone in your airspace? They can be launched from anywhere. The only defense is to capture the drone and make them come to you
I’m pretty sure my 12 ga. will down one, so fly it with caution.
Great video and excellent information for a new drone pilot. I try and be respectful and follow the rules. I try not to do anything around anybody else’s property that I would not done around my property. That being said having worked for local government I think it would be difficult but prudent to have local rules on drone flight. Now I say that only because there are so many different types of property and circumstances in the United States. And I think that the federal government should maintain whatever is safe and appropriate from their perspective. Maybe it should just come down to does it become a nuisance when your neighbors kids each have a drone and they do nothing but fly it around by your head while you’re outside mowing the lawn. Creepy people looking in windows that should be an easy one.
No drone regardless of size should be classified as a toy if it can be and is flown outdoors.
Clear and precise. Excellent video
This is a great video/explanation. Bookmark it!
A creator knows they are treading on controversy when half the video is about disclaimers and pleading for civility !!! 🤣
You do a great job, as always, in approaching rules and regs, laws and popular perceptions....
Thanks !!
Lol
@@edwill62 he has asked for folk to cite sources that differ from his presentation.
What sources can you cite?
@@edwill62 “navigable airspace” means airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft." So further explain!
@@edwill62 Thank you for taking the time for the very detailed explanation, there are many points you make that I can agree with, however is where I see the disconnect is assuming sUAVs having the authority to operate under the minimum safe altitudes. To further push this issue, CFR14 91.119 excludes helicopters and weight shift aircraft and is not mentioned in the definition as well. I believe that since the Aviation Reauthorization act of 2018, it's assumed that 40103 will apply to sUAV operations under Part 107 and 44809. Despite the arguments you present, I believe that if this is challenged in a court of law, the judgement will be on the side of the sUAV operator. Case in point. Earlier this year it was ruled that Brennan v Dickson (the challenge to remote ID) "The United States Government “has exclusive sovereignty of airspace of the United States,” and the FAA is congressionally empowered to “develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.” Id. § 40103(a)(1), (b)(1). The navigable airspace of the United States includes airspace above minimum flight altitudes and the airspace necessary for safe takeoff and landing of aircraft. Id. § 40102(a)(32)." To me, this once again enforces the fact that the US Government recognizes "navigable airspace" beginning at ground level and no local or state government can create laws governing airspace and it's up to the FAA to “develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.” If it's the FAA's policy to consider sUAVs to be part of this, well I think the buck stops there unless challenged. Again I think you bring up valid points and some of the "assumptions" need to agree with current law, until such time, IMO, it will be up to the judge.
@@edwill62 OK - again all good but my last reply was based on a court ruling, not my words but what was ruled in the Brennan v Dickson case, just for clarification.
Great vid. I did hours of research on FAA laws before I flew my new drone. While flying one day, a man approached me and asked if I had permission to fly over peoples homes. I tried to explain to him that I didn't need permission and it only made him upset. So , I guess, drone operators need some degree of patience when explaining these laws to people not familiar with them.
The main concern is people who may get hostile.
Once I started wearing an 'FAA Certified Drone Pilot' vest, the encounters went way down.
Great idea! @@playoflightphotographicsllc
@@playoflightphotographicsllc Nice! Where did you get yours?
@@dennisx4492 Can't remember- it's been a few years. I just Googled FAA certified drone vest and the options came up there.
Enjoyed the content, and these insurance companies that are spying on you and your property!? Who would be the best to report them too?
Ok. Let us play Goose and Gander. If I want to fly a drone over the home of the presiding judge….