I’m sorry but I disagree with your statements regarding an HOA. How can an HOA control airspace over its’ neighborhood? The HOA does not own the airspace above the neighborhood thus they have no control over it. They also do not own your property so they can’t tell you that you cannot takeoff or land from your own property. They can prohibit you from taking off from and landing on common property owned by the HOA but I believe that’s the extent of their control.
Same way city/county/states regulate UAVs: they regulate the operator, not the aircraft. I.e. not permitted to operate an aircraft within their jurisdiction such that it overflies a specific area. As to whether or not they have authority - it all depends on the HOA and their CCRs. Generally, anything owner/guest conduct within the boundary of the HOA is fair game for regulation. Consider this: how many HOAs have rules for noise, Christmas lights, or Halloween decorations? Those are all examples of owner conduct on their property that is being regulated by the HOA.
@@tomweirx The FAA overrides all state and local regulations when it comes to airspace. The FAA requires that all property owners provide an easement that allows aircraft to fly over private property. UAVs are aircraft as defined by the FAA. The only restrictions that state and local governments (including HOA's) can impose is where UAVs can take-off and land from. If you hand launch and hand capture the UAV you're golden, though that has yet to be challenged in court.
@@mr_agave I live under an HOA so I know all about what they can and cannot do. The problem with them is they OFTEN make rules that are not legal or enforceable in a court of law. Most HOAs are made up of unpaid busy bodies within the private community that have no experience and have nothing better to do with their first time in power. Yes, they could make a rule about landing and takeoff from your property, but that only applies to the people that live there and pay their HOA dues to them. That HOA has NO LEGAL POWER over the guy across the street who owns his own property and flies over their "HOA airspace". They can't fine you since you are not part of their private community.
The HOA doesn't regulate airspace but they do regulate people who agreed to follow the rules of the HOA. If the HOA had a rule that said you can't wear pink shirts then you would be obligated to follow that rule if you agreed to live there.
Provided the HOA covenant doesn’t prohibit flying RC aircraft, you are allowed to launch & land from your property, provided it’s not Class B, C, D, E airspace. Once aloft, a prudent flight plan would be to ascend straight up to an altitude above all natural and manmade objects (which clearly puts your aircraft above any airspace the HOA can reasonably claim as that governed by HOA rules).
Residents of the HOA signed an agreement to follow the rules. The HOA doesn't regulate airspace but it regulates the people who agreed to that arrangement..
ONLY on HOA jurisdiction property. I'd like to see them try to stop an HOA member from flying a drone over the HOA that was launched from outside the properties. @@jerseyshoredroneservices225
@@jerseyshoredroneservices225 They might try to fine you and whether they can or can not depends on the nature of the HOA agreement. They can not involve LE or the FAA in this. It's a civil matter. Moral of the story, read your HOA agreement very carefully before you sign, otherwise you get what you get. This is true whether it's about drones, having a backyard BBQ or what color you can paint your house. My HOA can only fine you for failure to pay your dues and can only put a lien on your house for that situation.
@@jerseyshoredroneservices225 So if it regulates people, they could say don't purchase at Hobby Lobby, even though Hobby Lobby isn't in the HOA, and could fine you if you did? I think if an HOA attempted that, I would fly from outside the HOA and repeatedly fly over the HOA president's house. Especially if they were outside. I would also invite my friends with drones to do the same thing. I would take video of everything but the president's house so there would be proof of no voyeurism. The point would be made.
@@RebelByNature I don't like it either and I would be happy to fly with you over the HOA. However I think that if it were part of the agreement not to shop at Hobby Lobby, and if you agree then you are bound to those terms. The HOA could be invested in Hobby Lobby's competitor. In this scenario it would be similar to a non-compete agreement which people are often forced to agree with. I think the point is that HOA's are terrible and people should be very careful about signing that contract.
I've been flying for several years now. I've never been confronted about my drone operations, not even once. I have only once ever been approached by a curious onlooker, and he was friendly. I've probably been lucky in this regard, as I'm sure there are many people who are not civil about such things, or who would assume the worst about me. One hears stories of such interactions. It helps if one has an ethos to fly in a professional, safe, courteous and transparent manner and to never-ever be a creep. Reactionary local rules/bans (attempted or successful) on drone operations seem to frequently stem from 1-2 drone owners in the area who have been reckless or creepy. Either way, I also carry a fact sheet highlighting current UAV and airspace laws that I'd be happy to share with anyone who might ever try to confront me about flying in certain area. All that said, I'm not a fan of HOA's telling people what they can and cannot do with/on their own property.
May I be so bold as to offer one minor correction? If flying under 15 CFR Part 44809 (Recreational exception), in addition to taking the TRUST Test and following those rules explicitly stated on the FAA website, you are also required to follow the guidelines of an FAA recognized Community Based Organization (CBO). There are, last I looked, 4 CBO's listed on the FAA website. You don't have to join any of these outfits, just read what their guidelines are and follow one of them at any given time. You can choose which one on a per flight basis if you want, but you need to be able to tell any LEO or other authority which one you are adhering to. One, and only one, of the CBO's (The AMA) prohibits flying over an occupied dwelling. So, if you're flying recreationally around your neighborhood you need to fly under the guidelines of a different CBO. Of course, how many people that you are likely to run into, including LEO's, will know any of this? You are far more likely to run into some ignorant neighbor who will swear that it's illegal to fly a drone over private property. It's not!
You do not have to inform any LEO of which CBO you are following. Only the FAA can enforce those rules. They are not laws, they are FAA regulations. If the FAA takes you to court, then you will have to reveal the CBO potentially. The police do not have the authority to enforce FAA regulations. They can gather evidence and turn it over to the FAA however. But you do not have to talk to them about it. You can choose to remain silent.
@@dianakenney5556 Not necessarily and in most cases not. Definitely not in the case of your private property. Taking pictures of you depends. If a picture is taken of your property, or is just in the picture and you happen to be there, then no. Now if the drone is hovering outside a window filming what is inside, or if a drone comes onto your property and is persistently filming you that is different. A number of states, counties, towns have laws against spying, voyeurism and/or surveillance. It would not be an FAA matter, but a matter of local authority. So if a drone is doing something that rises to that level then you can follow up on that with law enforcement. However simply having a picture take a picture or video that includes your property or during a time when you happen to out in your yard, then no. I know a lot of people are not going to like that answer, but it is what it is.
I fly in my neighborhood. Most of the time I am in transit when flying over houses, however sometimes I do hover in a position for a photo or video, almost always toward the horizon or some other subject in the distance. I could be hovering over a house because it is neighborhood flying and because it is restricted airspace I am kept to a max of 200 ft altitude. I just do it and not worry about it. There is no way to avoid flying over houses and property when flying in a neighborhood. Now, I have no interest in spying on anyone, and a drone is a terrible piece of equipment to use for that purpose anyway. It does bring to mind one day I was in my drive way (not drone flying) when I heard the tell-tale buzzing of a drone. I looked up and there was one hovering over my property at 30--40 ft in the air. I don't know if he had his camera pointed down or not, but I just flashed a peace sign and went on about my day. The eventually got bored and flew away. LOL
So.. I am really curious if these situations are insurance company's parked near by flying over homes to try to find reasons to break their insurance coverage. Seems, at least in my state California, that is a big thing now. LOTS of people losing insurance and scrambling to find someone to carry them so as not to lose their house/loan. It's beyond bullshit to me that insurance company's get a free pass without any sort of notification to "spy" on your home/yard and then potentially screw you over by dropping you and you may not find another carrier.
The best part is that since it’s all filmed if it really comes down to you can just show the footage , they think drones is some kind of spy gear and in reality after 100ft everything is just a bunch of pixels at least with most cheap drones anyway 😂😂
@@dawnsokolik7837 I may not like it but or be comfortable with it but we live in a free country , it’s something you have to live with unless you want to do something about it and end up in prison or face charges for assault 🤷🏻♂️ you decide
@@dawnsokolik7837 Due to the limitations of the cameras in the consumer drones, you would have to hover 5 ft in front of someone's window to get the same picture you are referring to. No, flying over, and even hovering over a house does not mean they are being spied upon. Frankly, outside of things like military or government facilities, I don't even know why everyone is so hung up on "drone spying". A consumer grade drone is a terrible vehicle for spying on anyone, if that is your aim. "Spying" which by definition is supposed to done stealthily, cannot be done with a drone without being obvious about it.
I talked to my neighbors before. No problem. It is part of the planning. Most of the time, I flight with no camera, just to practice maneuvers. I also try my best not to hover over private properties. There are common ways, such as streets and sideways.
I live in an HOA and I am the President of the HOA ...I fly all the time and so do several of my friends in my area and I mean all the time. Most on the flights take place at our park and early in the morning (5A.M. to about 7A.M. ) We have been approached by the police several times and it was a good experience every time other homeowners in the area have had concerns but for the most part its been good.. I have learn over the year that the one that have the most problems with us flighing our drones in the area are the ones that are doing the crap at there homes or business or properties that they know they are not support to be doing...
I fly over my neighborhood but my state has strict privacy laws. To avoid any potential law enforcement situations, I use only my non-screened controller with no phone attached and remove the micro SD card so there is no way to see or record anything from the drone. I figure that neighbors privacy can't be violated if I'm flying blind.
I’ve always been under the impression that drone pilots could say, 'You don’t own the airspace; the FAA controls it.' But a licensed airplane pilot recently mentioned the Supreme Court case United States v. Causby, which argued that FAA jurisdiction is over navigable airspace (defined as at least 500 feet) and anyting below that just may be "private property" and enough to technially get you tresspassed. This got me wondering about the gray area below that altitude, especially over private property. I don’t hover or sustain flights over private property, but I’m curious-has anyone else come across similar challenges or interpretations?
Does the rule about not flying over people literally mean flying over them? For example, assuming flying in an area is allowed and if there are people around are you able to fly as long as the drone doesn't literally go directly above the people? I was flying at a county park recently which borders a lake and there were walkers and boaters out. I wasn't sure if that constituted being over people or not. Thanks in advance for assistance.
OK first of all, you only need LAANC authorization if you are at a high altitude MSL that your 400 feet AGL would put you in restricted airspace, the exception to that role is class B airspace where they require you to get authorization if you are within the bounds of the airspace. HOAs regulate the takeoff of your drone within the neighborhoods, but they cannot prevent you from flying from outside of the community into the community. Also, one of the other things that you said was you’re not allowed to fly over people unless under certain conditions. While you are right, the one thing that you did not clarify is that you are allowed to fly over people while in transit. Sustained flight is what is restricted.
Great info. I remembered my neighbor rush to me in pickup truck with a rifle when they reach me in less than 200ft after my drone hovering over their property. Phew~
The HOA might be able to prohibit takeoff from HOA controlled area but that's it. A resident of the HOA could still takeoff from another location and then fly over HOA areas.
It's kind of weird that in the US, basically anyone can buy and carry around a hand gun, but a father can't buy and fly a drone (that would probably weigh less than 250g) with their son or daughter. I thought air space down in the States was public space?
Good video but I recommend losing the background music in the future. It’s hard to follow along to a how-to or instructional video with distracting background music.
What about people who might be outside in the backyard or on the sidewalk? Also, what about moving vehicles on residential streets? They aren’t technically under a covered structure or in a stationary vehicle.
My neighborhood sits under a Class D airspace.. in fact the neighborhood literally borders the airport. Yet time and time again I see realtors, roofers, and just people of all ages out flying their drones. Had one guy post on our FB page the day after Christmas "If you find a drone, I lost sight of mine". And I can't count the number of times the question was posed to them about airspace regulations, process, etc... .and they just looked like someone was speaking a foreign language... literally no clue.
The HOA segment is wrong. If the language was around launching and landing then yes, the HOA can prohibit that. Step onto the county owned street in front of your house and they can’t stop you unless the county has okayed the HOA launch and land prohibition on county streets within the HOA which is highly unlikely.
So I live in Nebraska and a lady confronted me from her backyard while I am sitting in my backyard landing my drone claiming that since I flew over her house I was infringing on her privacy. She threatened to call the police if I do it again. But I’m just confused on the rules of flying over houses so if someone could shed some light on the topic I would be very grateful.
It's simple. It's allowed (USA). That said, unless there is some reason to fly over her house, why do it? If there is a reason, such as you need to do it to get the shot you want, perhaps to get a picture of your house or whatever from that angle or to transit over her house to get to a desired area, then feel free to do so. She may not like having a drone, a Cessna, manned helicopter or whatever fly over her house but she really has no say in the matter.
My state has a rule about flying over private property "where reasonable privacy would be expected or if it is posted with NO TRESPASSING ". Okay, fine. Then how come the satellites, helicopters, and scenic flight planes don't have to comply?
The FAA is the only entity who can enforce air space regulations. Local governments (city and county ordinances, and state laws) can only enforce where a drone pilot lands, takes off, and where they capture images. The FAA requires property owners to permit right of way of airspace for manned aircraft and Earth-orbiting equipment, for as long as such vehicles do not operate at an altitude that would disrupt operations of the property.
Great video as always highly informative. At a public beach, the State of California runs beaches over water, with no reasonable expectation of privacy in a public place. The rules painted and spoken rules by the grounds team say "no drones." In FRIA, ( I did not check I just observed the sign) not in controlled airspace - probably G. Is this like the homeowner's scenario? Thoughts?
They can legally ban you from taking off or landing in specific areas, but they do not have the authority to ban you from flying over the beach. Only the FAA can do that. So you can potentially take off from an area adjacent to the beach and fly over it all you want legally a long as you do not violate any FAA rules and technically there is nothing they can legally do about it. Of course, the police an always find some reason to arrest and harass you if they want to so just use common sense and try not to disturb anyone.
How can you always stay clear of backyards if you are paid to photograph a property? Most times it’s unavoidable not to include neighbors home in some form. The best you can do is not hover.
If you are going to fly in your neighborhood, don't fly too low for them to see it or hear it. Fly at 100-150 feet above. No one will notice your drone above.
I fly neighborhoods all the time for real estate and have never had any problems. I just try to respect everyone’s privacy, but keep a low profile and remain invisible to residents. Thankfully my Air 3 zoom lens really helps if I need closer clips. There are times I need to fly lower to get the right angle for certain clips, but I get it done quickly and ascend out of sight. In fact, in 5 to 10 minutes my entire mission is usually complete and I’m gone! No lingering around helps to avoid attracting attention.
I know there's rules, regulations, and drone laws. My question is how do they know who's flying the drone and not obeying the rules? I have drones hoovering over my house all the time usually at night because they think it will not be detected but you can totally hear it. All I can do is flip it off because how the hell am I supposed to know who's flying it. It can be anybody
I think many respondents misunderstand what an HOA restriction on drone flying is about. It is not about airspace regulation, or even land use (although it could be). It is about regulating the behavior of a member of the HOA within HOA property boundaries. Flying a drone is a human behavior, as is painting a house purple, planting an invasive shrub, or wearing a pink shirt. If the HOA agreement prohibits certain behaviors by members within the confines of the HOA, such as flying a drone, then the member cannot fly a drone within the HOA boundaries without violating the terms of the HOA agreement.
Thinking too much here. Fly your small drone or park flyer in your neighborhood and live. Stop living in fear by people with nothing better to do with their lives.
Only the FAA has jurisdiction over airspace, even a state park can only prevent you from taking off or landing on a state park property, not over or through one, so how could a HOA be able to? A little bit of knowledge can be a dangerous thing!
OK.. so.. if I just want to fly around with my mini 4 pro.. sub250, I have TRUST, I am not hovering over someone's house or yard.. but I want to say fly to a near by school (on a weekend.. no kids in class) or park etc. Do I have to follow roadways and NOT go over others homes? If so, and a car is driving.. do I have to "pull over" to the sidewalk (as best I can from 100 to 400 feet up) and wait for the car to pass so as not to fly over the car? What if I am crossing a road (perpendicular) and a car zooms by.. am I now in violation? We'll ignore the line of sight stuff.. waiting to see what FAA does with Part 108 but really hoping drones like the DJIs with object sensors are allowed to go BVLOS soon since they are completely capable of that with all their sensors.
The purpose of these videos is to point out regulations and help explain their meaning. The reality is that, as with any law, it's up to you and how much risk you're willing to take on. Part 107 regulations are in place to ensure safety, and they are pretty straightforward. The FAA has pointed out to us that "If you dig into most FAA regulations, you'll find some kind of catch-all, "don't do dumb stuff" provision." Part 107.23 (Hazardous Operation) states that you cannot operate "in a careless or reckless manner", so the question is; would any of this be considered careless or reckless in the eyes of an enforcement agency, and are you willing to take that chance?
@@uavcoach Yah.. that's the problem with all of this really. There is not "this is what will happen" it is "it may happen but its up to chance.. ". There should be 100% consistency, but there is nothing close to it. So the only real answer is.. dont fly at all because you dont know what any given cop or FAA regulator might do at any location at any time/day. Maybe they spilled their coffee and are angry.. so you're screwed that day, but someone else doing more nefarious shit gets away with it. Which is, sadly an unfair way to regulat/enforce. That said, at least their is some level of "what is and isnt'" ok. It's just a matter of luck if you can get away with it or not. We've all seen some YT videos of drones clearly flying well out of VLOS and not having issues, while we hear of a few others that DID get fined. No consistency.. just pure luck. I hate that I could get in trouble, probably wont.. but without knowing for sure, it's always a risky proposition to fly. So I find I have to try to fly when nobody is around just to try to cut down on the chance I might get in trouble.
KJS You should have to have insurance on flying drones , talking to state officials this week . They can cause property damage, injure people or even start fires.
There are many HOA rules that are "unenforceable" and unlawful, the same as many municipalities have tried to do in the past. The HOA could pass rules restricting taking off and landing on HOA owned property, but these rules have been abandoned many times once push came to shove. In Illinois, I've challenged and defeated every HOA that tried to restrict me from completing Part 107 commercial operations regarding real estate photos and videos. The airspace above any HOA neighborhood is completely the purview of the FAA. My town in IL where I'm incorporated passed an ordinance 7 years ago forbidding any drone flights anywhere in the Village. After I brought several FAA and DHS documents to the village board meeting explaining that this is an unlawful ordinance, and told them that they MUST instruct their 85 member police force to immediately stop threatening to arrest drone hobbyists and commercial drone operators. That took almost a year before they stopped and It took myself taking off in front of the police headquarters from a public easement, and flying my drone overhead their facility for hours until my supply of batteries wore out, for them to have enough discussions amongst themselves that the police now avoid drone operators as to not create another backlash.
@@uavcoach i WOULD LOVE A VIDEO LESSON ON USING APPS THAT ASSIST IN WHERE TO FLY AND HOW TO GET PERMISSIONS. i'VE WATCH SOME BUT AGAIN SOO CONFUSING. i REALLY WANT TO LEARN TO USE THEM.
Trust test? There are soo many rules and laws. I feel that I'm being pressured into getting a 107 license. Also, your video is all about the things you can't do with a drone. How about a video on places you can fly your drone? Like fields. Like pastures. Like over rivers etc.
The TRUST test was launched by the FAA in 2021. If you are just looking to fly for fun/as a hobby, you do need to take the TRUST test, but it's free and you cannot fail. This video was specifically geared toward if you can fly over a neighborhood. We could cover the topics you suggested in a future video! For more info on the TRUST test, you can check it out here: uavcoach.com/faa-recreational-drone-training/
You did not mention RID (Remote ID) that is now in effect, I think?? The launch (pun intended) was postponed so many times that I just ignored news but I understand that March 2024 was the beginning. If RID is in effect, your commercial or recreational drone must comply and be equipped to transmit RID.
Yes that is correct! You can watch this video to find out everything you need to know regarding remote ID: ruclips.net/video/PfxqX-xS4vs/видео.htmlsi=ZWZQGEgpa47ujBlB
Recreationally, 90% of us, only have to concern ourselves with RID if the drone is 250 grams or higher. There are lots of great options for sub 250 gram drones and those tend to be the more affordable yet highly capable drones. For the older, heavier drones, that is an issue. But anyone flying a Mini 2, Mini 4k, Mini 3 (non pro) or Mini 4 Pro recreationally are not required to transmit RID, and these don't when using the standard batteries.
It's not so much that you're a Recreational Pilot, but that you're flying a Recreational Flight under the Exception (USC 44809). USC 44809 requires that "The aircraft is operated in accordance with or within the programming of a community-based organization's (CBO) set of safety guidelines that are developed in coordination with the Federal Aviation." The Academy of Model Aeronautics is one example of a CBO that has a set of safety guidelines. On Page 4 of those guidelines (www.modelaircraft.org/sites/default/files/documents/100.pdf), there is a statement "I will avoid flying directly over unprotected people, moving vehicles, and occupied structures." So, you aren't complying with Part 107.39, but you need to meet the requirements of the CBO Guidelines. The FAA also has an Advisory Circular (AC) titled Exception for Limited Recreational Operations of Unmanned Aircraft (AC 91-57C) that provides information to help you understand and comply with the requirements of USC 44809. The AC is here: www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57C_FAA_Revised.pdf. Section 3.3.2.1 General Safety Measures and Practices is where this item is called out. Bottom line is that you have to ensure your flight meets the intent of 107.39 (don't fly over people), but you're not actually complying with that Part.
KJS Cameras on drones should be banned unless you fill out state or federal forms as to what is being photographed. You should also be required to have insurance to operate one.
I had a six year old kid tell his parents that my drone could be watching them! Dad got upset, mom was more reasonable! Personally I think it was more race related than an actual drone issue!
Yes! You can fly them, giant ones even, all night, anywhere, as many as you want but ONLY if you live in New Jersey apparently. Dont worry the government wont do anything about it either.
Don't the photography/video laws have established precedent with regards to "reasonable expectation of privacy" for at least half a century now? I don't see how you override this precedent with FAA drone laws.
Last time I checked, you have no reasonable expectation of privacy out in public. If you DID, then you could sue EVERY STORE, EVERY COMPANY, AND EVERY BUSINESS that had a security camera.
Good explanation, well, I was watching your video and I was thinking on the one you made for the REMOTE ID MINI, can you make one video explaining step by step how the works, in a way that you can see what you do when you making the setting or the moves on the REMOTE ID MINI,I have one REMOTE ID MINI, but I’m confused with all setting, thank you!
Well, I live in the Philippines, so even though some of these rules probably exist here, they are not enforced. I have never had and problems with the authorities. I've also flown in Thailand and Cambodia with no problems. Best thing to do is find a place to take off and land where no police will see you. I've never taken my drone to America, so I know nothing about what would happen there. Best not to fly by an anti drone neighbor.
You give out conflicting information. You mention local laws regarding privacy when flying over property, then go on to mention the FAA is the only entity that can control airspace. A local law cannot supersede a federal law. It is my understanding a local municipality can only control where you take off and land from and the airspace above tree lines is controlled exclusively by the FAA.
I feel sorry for everyone in the Drone industry. Eventually this will kill the industry. Think about this for a second. Any one of us right now could go out and buy a ultralight airplane get in it and fly it just about anywhere we want to without any license or training.
Anyone shooting down a FAA registered drone legally flying ,you will have a problem with the FAA......Federal law It's a federal crime to shoot at any aircraft, including drones. The penalty for violating this law is a fine and/or imprisonment of up to 20 years.
I have a friend from the city ordinance that uses drones to look for suspecting residential backyard construction that has no permit from the city..a lot of violations are done at backyards like above ground pool install, shed, parked old non working vehicles on backyard lawns,etc that has no permit.
That's likely unconstitutional. Law enforcement is banned for searches with a drone without a permit. A backyard is a place where you'd expect reasonable privacy. You might wanna tell your friend and that city they are tip toeing into a massive lawsuit.
You didn't mention the weight restriction of 249 grams or below for not having remote ID.. You video is very misleading and may lull people into thinking they are within the law when they are not. Not a bash, just trying to keep those that want to be within the law aware. Any flight of ANY UAS (Unmanned Aircraft System) with a ready to fly weight of over 250 grams must be equipped with remote I.D. or be flown at an FAA recognized FRIA (FAA Recognized Identification Area).
We live in an extremely quiet area where the loudest anything you hear are the birds and the wind. You would immediately be making lots of enemies if you flew in this area - no one wants to hear that awful and weird sounding drone buzzing/whining around. We could care less whether you "can." If you want to get along with the neighbors you "won't."
@oreos922 Irrelevant and probably inaccurate comment. Who cares about that one figure? Will I hear it at 299? 298? 297? 296? As they go up and down? And so on. Too many drone operators only care about their own "fun" as they look down on their neighbors who don't want to be looked down or "spied" upon. Again, if you want to be known in the whole neighborhood as "that scum who bothers us every day/week with his drone," and "If he needs help with anything at all he can go screw himself," well then okay, probably your choice as bad as that choice is. But if you'd rather be a decent, moral person who is well liked and that people are willing to be friends with or help on occasion, well then I'd say that's a lot better for everyone including you.
How could you possibly fly over a neighborhood and not fly over people. Yes, most may be in their houses, but at most any time some will or may be outside. Children playing for example.
Yes, In that case they need to prohibit to fly regular airplanes and helicopters over people and homes and cities. They do worst damage. this is so stupid
I’m flying my drone 100% legal. I get Karen’s coming over and contacting me and the police over flying over their front yards. They are all paranoid that I’m the government spying on them
When it comes to flying by or around people, i generally follow the rule of traffic. Pedestrian have right of way but if a car/truck/big rig can drive within 10 feet of them, i can harmlessly fly by the same way. 😂😂😂
Appears one You tuber was fined $200.000 for flying around his neighborhood , near buildings over people , near an airport etc since 2019 to present . But we know the FAA is looking to make examples of various RC Aviators even when their claims are far more than truthful . SO be very careful where you fly and how you fly and especially posting it to the Net. You could be used as another example of the FAA's Commercial Lobbyists leaders.
@@PhillyGuy60 does not matter it is still about commercial companies buying the space and using the FAA/Congress to push all others out and into a club field somewhere and stealing the rights and freedoms of all US Citizens declared even in the US code, Constitution, Bill of Rights and most laws of the land . The FAA has limited authority and it is just in "navigable airspace" and that has been their mandate since Congress described it and that has not changed as of yet to this day that even the courts have shown to be a fact. But we do not have enough people willing to stand up and end the steal and the unlawful and Unconstitutional rules/regs they have imposed on the RC Aviation community.
I have a private pilot license. But dude. You made this so much more complicated than it needs to be. Someone gets a drone for Christmas and you were talking about part 107. They don’t even know where to find that. you’re using terms terminology and legal details that I am even having to go away. What did he say there? What was that? I almost have to look it up what was that. Make it simple make it easy so people can understand it.
Depending on the country, eg. In Australia, you cannot fly a drone over someone’s property. Just do the right thing and don’t try and be one of those people who thinks it’s their right to fly wherever you want.
From the FAA's website: "The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel."
I’m sorry but I disagree with your statements regarding an HOA. How can an HOA control airspace over its’ neighborhood? The HOA does not own the airspace above the neighborhood thus they have no control over it. They also do not own your property so they can’t tell you that you cannot takeoff or land from your own property. They can prohibit you from taking off from and landing on common property owned by the HOA but I believe that’s the extent of their control.
Same way city/county/states regulate UAVs: they regulate the operator, not the aircraft.
I.e. not permitted to operate an aircraft within their jurisdiction such that it overflies a specific area.
As to whether or not they have authority - it all depends on the HOA and their CCRs. Generally, anything owner/guest conduct within the boundary of the HOA is fair game for regulation.
Consider this: how many HOAs have rules for noise, Christmas lights, or Halloween decorations? Those are all examples of owner conduct on their property that is being regulated by the HOA.
@@tomweirx The FAA overrides all state and local regulations when it comes to airspace. The FAA requires that all property owners provide an easement that allows aircraft to fly over private property. UAVs are aircraft as defined by the FAA. The only restrictions that state and local governments (including HOA's) can impose is where UAVs can take-off and land from. If you hand launch and hand capture the UAV you're golden, though that has yet to be challenged in court.
@@mr_agave I live under an HOA so I know all about what they can and cannot do. The problem with them is they OFTEN make rules that are not legal or enforceable in a court of law. Most HOAs are made up of unpaid busy bodies within the private community that have no experience and have nothing better to do with their first time in power. Yes, they could make a rule about landing and takeoff from your property, but that only applies to the people that live there and pay their HOA dues to them. That HOA has NO LEGAL POWER over the guy across the street who owns his own property and flies over their "HOA airspace". They can't fine you since you are not part of their private community.
The HOA doesn't regulate airspace but they do regulate people who agreed to follow the rules of the HOA. If the HOA had a rule that said you can't wear pink shirts then you would be obligated to follow that rule if you agreed to live there.
Provided the HOA covenant doesn’t prohibit flying RC aircraft, you are allowed to launch & land from your property, provided it’s not Class B, C, D, E airspace. Once aloft, a prudent flight plan would be to ascend straight up to an altitude above all natural and manmade objects (which clearly puts your aircraft above any airspace the HOA can reasonably claim as that governed by HOA rules).
The most an HOA can do is prohibit take-off and landing on HOA jurisdiction ON THE GROUND. They cannot regulate the use of the airspace above the HOA.
Residents of the HOA signed an agreement to follow the rules.
The HOA doesn't regulate airspace but it regulates the people who agreed to that arrangement..
ONLY on HOA jurisdiction property. I'd like to see them try to stop an HOA member from flying a drone over the HOA that was launched from outside the properties. @@jerseyshoredroneservices225
@@jerseyshoredroneservices225 They might try to fine you and whether they can or can not depends on the nature of the HOA agreement. They can not involve LE or the FAA in this. It's a civil matter. Moral of the story, read your HOA agreement very carefully before you sign, otherwise you get what you get. This is true whether it's about drones, having a backyard BBQ or what color you can paint your house. My HOA can only fine you for failure to pay your dues and can only put a lien on your house for that situation.
@@jerseyshoredroneservices225 So if it regulates people, they could say don't purchase at Hobby Lobby, even though Hobby Lobby isn't in the HOA, and could fine you if you did? I think if an HOA attempted that, I would fly from outside the HOA and repeatedly fly over the HOA president's house. Especially if they were outside. I would also invite my friends with drones to do the same thing. I would take video of everything but the president's house so there would be proof of no voyeurism. The point would be made.
@@RebelByNature
I don't like it either and I would be happy to fly with you over the HOA.
However I think that if it were part of the agreement not to shop at Hobby Lobby, and if you agree then you are bound to those terms.
The HOA could be invested in Hobby Lobby's competitor. In this scenario it would be similar to a non-compete agreement which people are often forced to agree with.
I think the point is that HOA's are terrible and people should be very careful about signing that contract.
I've been flying for several years now. I've never been confronted about my drone operations, not even once. I have only once ever been approached by a curious onlooker, and he was friendly. I've probably been lucky in this regard, as I'm sure there are many people who are not civil about such things, or who would assume the worst about me. One hears stories of such interactions. It helps if one has an ethos to fly in a professional, safe, courteous and transparent manner and to never-ever be a creep. Reactionary local rules/bans (attempted or successful) on drone operations seem to frequently stem from 1-2 drone owners in the area who have been reckless or creepy. Either way, I also carry a fact sheet highlighting current UAV and airspace laws that I'd be happy to share with anyone who might ever try to confront me about flying in certain area. All that said, I'm not a fan of HOA's telling people what they can and cannot do with/on their own property.
May I be so bold as to offer one minor correction? If flying under 15 CFR Part 44809 (Recreational exception), in addition to taking the TRUST Test and following those rules explicitly stated on the FAA website, you are also required to follow the guidelines of an FAA recognized Community Based Organization (CBO). There are, last I looked, 4 CBO's listed on the FAA website. You don't have to join any of these outfits, just read what their guidelines are and follow one of them at any given time. You can choose which one on a per flight basis if you want, but you need to be able to tell any LEO or other authority which one you are adhering to. One, and only one, of the CBO's (The AMA) prohibits flying over an occupied dwelling. So, if you're flying recreationally around your neighborhood you need to fly under the guidelines of a different CBO.
Of course, how many people that you are likely to run into, including LEO's, will know any of this? You are far more likely to run into some ignorant neighbor who will swear that it's illegal to fly a drone over private property. It's not!
Great point - thanks for the detail!
You do not have to inform any LEO of which CBO you are following. Only the FAA can enforce those rules. They are not laws, they are FAA regulations. If the FAA takes you to court, then you will have to reveal the CBO potentially. The police do not have the authority to enforce FAA regulations. They can gather evidence and turn it over to the FAA however. But you do not have to talk to them about it. You can choose to remain silent.
What the F is a LEO
What if someone is taking pictures of you and your private property? Isn't there infringement laws
@@dianakenney5556 Not necessarily and in most cases not. Definitely not in the case of your private property. Taking pictures of you depends. If a picture is taken of your property, or is just in the picture and you happen to be there, then no. Now if the drone is hovering outside a window filming what is inside, or if a drone comes onto your property and is persistently filming you that is different. A number of states, counties, towns have laws against spying, voyeurism and/or surveillance. It would not be an FAA matter, but a matter of local authority. So if a drone is doing something that rises to that level then you can follow up on that with law enforcement. However simply having a picture take a picture or video that includes your property or during a time when you happen to out in your yard, then no. I know a lot of people are not going to like that answer, but it is what it is.
I'll sum it up:
yes.
Yep! Just have to be aware of the rules!
I fly in my neighborhood. Most of the time I am in transit when flying over houses, however sometimes I do hover in a position for a photo or video, almost always toward the horizon or some other subject in the distance. I could be hovering over a house because it is neighborhood flying and because it is restricted airspace I am kept to a max of 200 ft altitude. I just do it and not worry about it. There is no way to avoid flying over houses and property when flying in a neighborhood.
Now, I have no interest in spying on anyone, and a drone is a terrible piece of equipment to use for that purpose anyway. It does bring to mind one day I was in my drive way (not drone flying) when I heard the tell-tale buzzing of a drone. I looked up and there was one hovering over my property at 30--40 ft in the air. I don't know if he had his camera pointed down or not, but I just flashed a peace sign and went on about my day. The eventually got bored and flew away. LOL
So.. I am really curious if these situations are insurance company's parked near by flying over homes to try to find reasons to break their insurance coverage. Seems, at least in my state California, that is a big thing now. LOTS of people losing insurance and scrambling to find someone to carry them so as not to lose their house/loan. It's beyond bullshit to me that insurance company's get a free pass without any sort of notification to "spy" on your home/yard and then potentially screw you over by dropping you and you may not find another carrier.
The best part is that since it’s all filmed if it really comes down to you can just show the footage , they think drones is some kind of spy gear and in reality after 100ft everything is just a bunch of pixels at least with most cheap drones anyway 😂😂
HGS If people stand on you're sidewalk and take pictures of you're kids is that fine with you , just saying. No difference.
@@dawnsokolik7837 I may not like it but or be comfortable with it but we live in a free country , it’s something you have to live with unless you want to do something about it and end up in prison or face charges for assault 🤷🏻♂️ you decide
@@dawnsokolik7837 Due to the limitations of the cameras in the consumer drones, you would have to hover 5 ft in front of someone's window to get the same picture you are referring to. No, flying over, and even hovering over a house does not mean they are being spied upon. Frankly, outside of things like military or government facilities, I don't even know why everyone is so hung up on "drone spying". A consumer grade drone is a terrible vehicle for spying on anyone, if that is your aim. "Spying" which by definition is supposed to done stealthily, cannot be done with a drone without being obvious about it.
I talked to my neighbors before. No problem. It is part of the planning. Most of the time, I flight with no camera, just to practice maneuvers. I also try my best not to hover over private properties. There are common ways, such as streets and sideways.
Thanks for the great tip - talking to your neighbors can be a simple but important part of flying drones!
I live in an HOA and I am the President of the HOA ...I fly all the time and so do several of my friends in my area and I mean all the time. Most on the flights take place at our park and early in the morning (5A.M. to about 7A.M. ) We have been approached by the police several times and it was a good experience every time other homeowners in the area have had concerns but for the most part its been good.. I have learn over the year that the one that have the most problems with us flighing our drones in the area are the ones that are doing the crap at there homes or business or properties that they know they are not support to be doing...
I fly over my neighborhood but my state has strict privacy laws. To avoid any potential law enforcement situations, I use only my non-screened controller with no phone attached and remove the micro SD card so there is no way to see or record anything from the drone. I figure that neighbors privacy can't be violated if I'm flying blind.
Fantastic Information and Video, Thank You.
Happy Flying!
Glad it was helpful! Blue skies and safe flying!
@@uavcoach Thanks!
I bought one online with no issues.
I’ve always been under the impression that drone pilots could say, 'You don’t own the airspace; the FAA controls it.' But a licensed airplane pilot recently mentioned the Supreme Court case United States v. Causby, which argued that FAA jurisdiction is over navigable airspace (defined as at least 500 feet) and anyting below that just may be "private property" and enough to technially get you tresspassed. This got me wondering about the gray area below that altitude, especially over private property. I don’t hover or sustain flights over private property, but I’m curious-has anyone else come across similar challenges or interpretations?
I don't think laws have ever meant "you have to do this or that." It's more like "here's what to expect if you get caught doing this or that."
Does the rule about not flying over people literally mean flying over them? For example, assuming flying in an area is allowed and if there are people around are you able to fly as long as the drone doesn't literally go directly above the people? I was flying at a county park recently which borders a lake and there were walkers and boaters out. I wasn't sure if that constituted being over people or not. Thanks in advance for assistance.
Following
OK first of all, you only need LAANC authorization if you are at a high altitude MSL that your 400 feet AGL would put you in restricted airspace, the exception to that role is class B airspace where they require you to get authorization if you are within the bounds of the airspace. HOAs regulate the takeoff of your drone within the neighborhoods, but they cannot prevent you from flying from outside of the community into the community. Also, one of the other things that you said was you’re not allowed to fly over people unless under certain conditions. While you are right, the one thing that you did not clarify is that you are allowed to fly over people while in transit. Sustained flight is what is restricted.
Great info. I remembered my neighbor rush to me in pickup truck with a rifle when they reach me in less than 200ft after my drone hovering over their property. Phew~
If they shot your drone down it'd a federal crime. it's considered and treated as if it were manned, atleast according to FAA.
Can you fly in the US Forest Service without a permit and no State Parks involved.
The HOA might be able to prohibit takeoff from HOA controlled area but that's it. A resident of the HOA could still takeoff from another location and then fly over HOA areas.
It's kind of weird that in the US, basically anyone can buy and carry around a hand gun, but a father can't buy and fly a drone (that would probably weigh less than 250g) with their son or daughter. I thought air space down in the States was public space?
I live within 5 miles of: (1) a popular *regional airport* (2) a busy *international airport* AND (3) a major *military airbase.*
Good video but I recommend losing the background music in the future. It’s hard to follow along to a how-to or instructional video with distracting background music.
Thanks for the feedback!
Could you please tell me where you got that lanyard for the DJI Mic you are using? Thank you. -Tom
It's actually just a basic neck chain that I glued a couple of washers onto so that the magnet on the mic would attach to it without moving.
What about people who might be outside in the backyard or on the sidewalk? Also, what about moving vehicles on residential streets? They aren’t technically under a covered structure or in a stationary vehicle.
I own the space above my property! I have a 44mag and 5 shotguns and 6 rifles ,Go ahead, make my day!
My neighborhood sits under a Class D airspace.. in fact the neighborhood literally borders the airport. Yet time and time again I see realtors, roofers, and just people of all ages out flying their drones. Had one guy post on our FB page the day after Christmas "If you find a drone, I lost sight of mine". And I can't count the number of times the question was posed to them about airspace regulations, process, etc... .and they just looked like someone was speaking a foreign language... literally no clue.
The HOA segment is wrong. If the language was around launching and landing then yes, the HOA can prohibit that.
Step onto the county owned street in front of your house and they can’t stop you unless the county has okayed the HOA launch and land prohibition on county streets within the HOA which is highly unlikely.
So I live in Nebraska and a lady confronted me from her backyard while I am sitting in my backyard landing my drone claiming that since I flew over her house I was infringing on her privacy. She threatened to call the police if I do it again. But I’m just confused on the rules of flying over houses so if someone could shed some light on the topic I would be very grateful.
It's simple. It's allowed (USA). That said, unless there is some reason to fly over her house, why do it? If there is a reason, such as you need to do it to get the shot you want, perhaps to get a picture of your house or whatever from that angle or to transit over her house to get to a desired area, then feel free to do so. She may not like having a drone, a Cessna, manned helicopter or whatever fly over her house but she really has no say in the matter.
do I have to have any special apps to fly a mini 4 pro?
Your HOA can't stop aircraft from overflying (transiting) your neighborhood and your drone is considered an aircraft by the FAA.
My state has a rule about flying over private property "where reasonable privacy would be expected or if it is posted with NO TRESPASSING ".
Okay, fine. Then how come the satellites, helicopters, and scenic flight planes don't have to comply?
The FAA is the only entity who can enforce air space regulations. Local governments (city and county ordinances, and state laws) can only enforce where a drone pilot lands, takes off, and where they capture images. The FAA requires property owners to permit right of way of airspace for manned aircraft and Earth-orbiting equipment, for as long as such vehicles do not operate at an altitude that would disrupt operations of the property.
Great video as always highly informative. At a public beach, the State of California runs beaches over water, with no reasonable expectation of privacy in a public place. The rules painted and spoken rules by the grounds team say "no drones." In FRIA, ( I did not check I just observed the sign) not in controlled airspace - probably G. Is this like the homeowner's scenario? Thoughts?
They can legally ban you from taking off or landing in specific areas, but they do not have the authority to ban you from flying over the beach. Only the FAA can do that. So you can potentially take off from an area adjacent to the beach and fly over it all you want legally a long as you do not violate any FAA rules and technically there is nothing they can legally do about it. Of course, the police an always find some reason to arrest and harass you if they want to so just use common sense and try not to disturb anyone.
How can you always stay clear of backyards if you are paid to photograph a property? Most times it’s unavoidable not to include neighbors home in some form. The best you can do is not hover.
So if the FAA is the only entity that can enforce laws and rules pertaining to flying drones then what is the point of State laws and regulations..?
States can control where you take off and land, as well as what you are photoing if it involves genuine violations of privacy.
If you are going to fly in your neighborhood, don't fly too low for them to see it or hear it. Fly at 100-150 feet above. No one will notice your drone above.
I fly neighborhoods all the time for real estate and have never had any problems. I just try to respect everyone’s privacy, but keep a low profile and remain invisible to residents. Thankfully my Air 3 zoom lens really helps if I need closer clips. There are times I need to fly lower to get the right angle for certain clips, but I get it done quickly and ascend out of sight. In fact, in 5 to 10 minutes my entire mission is usually complete and I’m gone! No lingering around helps to avoid attracting attention.
Can you fly over a golf course that's across the street from your home but not part of your neighborhood?
👍🏼 thanks for the tips
I know there's rules, regulations, and drone laws. My question is how do they know who's flying the drone and not obeying the rules? I have drones hoovering over my house all the time usually at night because they think it will not be detected but you can totally hear it. All I can do is flip it off because how the hell am I supposed to know who's flying it. It can be anybody
Good info for us novice droners.
Glad you found it helpful!
I think many respondents misunderstand what an HOA restriction on drone flying is about. It is not about airspace regulation, or even land use (although it could be). It is about regulating the behavior of a member of the HOA within HOA property boundaries. Flying a drone is a human behavior, as is painting a house purple, planting an invasive shrub, or wearing a pink shirt. If the HOA agreement prohibits certain behaviors by members within the confines of the HOA, such as flying a drone, then the member cannot fly a drone within the HOA boundaries without violating the terms of the HOA agreement.
Thinking too much here. Fly your small drone or park flyer in your neighborhood and live. Stop living in fear by people with nothing better to do with their lives.
Take off and see, I know I can!
Only the FAA has jurisdiction over airspace, even a state park can only prevent you from taking off or landing on a state park property, not over or through one, so how could a HOA be able to? A little bit of knowledge can be a dangerous thing!
Great, informative video! Thanks!
Glad you found it helpful!
But it says if you have 107 you can fly over people and moving vehicles has that rule change ?
You can under certain conditions, it's not a blanket permission.
HOA owns their land not FAA airspace. You just shouldn't hover over private property. In some states this is illegal.
OK.. so.. if I just want to fly around with my mini 4 pro.. sub250, I have TRUST, I am not hovering over someone's house or yard.. but I want to say fly to a near by school (on a weekend.. no kids in class) or park etc. Do I have to follow roadways and NOT go over others homes? If so, and a car is driving.. do I have to "pull over" to the sidewalk (as best I can from 100 to 400 feet up) and wait for the car to pass so as not to fly over the car? What if I am crossing a road (perpendicular) and a car zooms by.. am I now in violation? We'll ignore the line of sight stuff.. waiting to see what FAA does with Part 108 but really hoping drones like the DJIs with object sensors are allowed to go BVLOS soon since they are completely capable of that with all their sensors.
The purpose of these videos is to point out regulations and help explain their meaning. The reality is that, as with any law, it's up to you and how much risk you're willing to take on. Part 107 regulations are in place to ensure safety, and they are pretty straightforward. The FAA has pointed out to us that "If you dig into most FAA regulations, you'll find some kind of catch-all, "don't do dumb stuff" provision." Part 107.23 (Hazardous Operation) states that you cannot operate "in a careless or reckless manner", so the question is; would any of this be considered careless or reckless in the eyes of an enforcement agency, and are you willing to take that chance?
@@uavcoach Yah.. that's the problem with all of this really. There is not "this is what will happen" it is "it may happen but its up to chance.. ". There should be 100% consistency, but there is nothing close to it. So the only real answer is.. dont fly at all because you dont know what any given cop or FAA regulator might do at any location at any time/day. Maybe they spilled their coffee and are angry.. so you're screwed that day, but someone else doing more nefarious shit gets away with it. Which is, sadly an unfair way to regulat/enforce. That said, at least their is some level of "what is and isnt'" ok. It's just a matter of luck if you can get away with it or not. We've all seen some YT videos of drones clearly flying well out of VLOS and not having issues, while we hear of a few others that DID get fined. No consistency.. just pure luck. I hate that I could get in trouble, probably wont.. but without knowing for sure, it's always a risky proposition to fly. So I find I have to try to fly when nobody is around just to try to cut down on the chance I might get in trouble.
KJS You should have to have insurance on flying drones , talking to state officials this week . They can cause property damage, injure people or even start fires.
There are many HOA rules that are "unenforceable" and unlawful, the same as many municipalities have tried to do in the past. The HOA could pass rules restricting taking off and landing on HOA owned property, but these rules have been abandoned many times once push came to shove. In Illinois, I've challenged and defeated every HOA that tried to restrict me from completing Part 107 commercial operations regarding real estate photos and videos. The airspace above any HOA neighborhood is completely the purview of the FAA. My town in IL where I'm incorporated passed an ordinance 7 years ago forbidding any drone flights anywhere in the Village. After I brought several FAA and DHS documents to the village board meeting explaining that this is an unlawful ordinance, and told them that they MUST instruct their 85 member police force to immediately stop threatening to arrest drone hobbyists and commercial drone operators. That took almost a year before they stopped and It took myself taking off in front of the police headquarters from a public easement, and flying my drone overhead their facility for hours until my supply of batteries wore out, for them to have enough discussions amongst themselves that the police now avoid drone operators as to not create another backlash.
I am so happy I live in a pretty conservative state
So can I fly in my neghbirhood beyond my property?? I just can’t hover over people’s backyards??
Thanks for the info
Glad you enjoyed the video!
I am really getting a lot out of your recent videos. Great. These laws are so confusing. I am part 107 but still so many not sure's.
Glad you're enjoying the videos! Let us know if there are any topics you want us to cover!
@@uavcoach i WOULD LOVE A VIDEO LESSON ON USING APPS THAT ASSIST IN WHERE TO FLY AND HOW TO GET PERMISSIONS. i'VE WATCH SOME BUT AGAIN SOO CONFUSING. i REALLY WANT TO LEARN TO USE THEM.
If I’m fighting a misdemeanor marijuana case, but I haven’t been convicted does that disclose me from taking my part 107
Trust test? There are soo many rules and laws. I feel that I'm being pressured into getting a 107 license. Also, your video is all about the things you can't do with a drone. How about a video on places you can fly your drone? Like fields. Like pastures. Like over rivers etc.
The TRUST test was launched by the FAA in 2021. If you are just looking to fly for fun/as a hobby, you do need to take the TRUST test, but it's free and you cannot fail. This video was specifically geared toward if you can fly over a neighborhood. We could cover the topics you suggested in a future video! For more info on the TRUST test, you can check it out here: uavcoach.com/faa-recreational-drone-training/
Eventually everyone will become paralyzed by all of the laws and won't be able to do anything.
Making those who value freedom...outlaws.
so explain drone videos at concerts flying over crowds
Those are usually small FPV drones that have special permission to fly in that area and/or have certain waivers to fly over people.
@@uavcoach and lemme guess... those waivers can be paid for/"licensed" ??
Excellent video!
Thank you very much!
You did not mention RID (Remote ID) that is now in effect, I think?? The launch (pun intended) was postponed so many times that I just ignored news but I understand that March 2024 was the beginning. If RID is in effect, your commercial or recreational drone must comply and be equipped to transmit RID.
Yes that is correct! You can watch this video to find out everything you need to know regarding remote ID: ruclips.net/video/PfxqX-xS4vs/видео.htmlsi=ZWZQGEgpa47ujBlB
Recreationally, 90% of us, only have to concern ourselves with RID if the drone is 250 grams or higher. There are lots of great options for sub 250 gram drones and those tend to be the more affordable yet highly capable drones. For the older, heavier drones, that is an issue. But anyone flying a Mini 2, Mini 4k, Mini 3 (non pro) or Mini 4 Pro recreationally are not required to transmit RID, and these don't when using the standard batteries.
do i even have to worrie most of this if its under 250g
Yes in terms of privacy laws.
2:21 No idea there could be a state law on drones. Thanks!
No problem!
I have a Hoa and fly my drone in my neighborhood 😊
If you are a recreational pilot and you qualify for the exception, do you still have to follow Part 107.39?
It's not so much that you're a Recreational Pilot, but that you're flying a Recreational Flight under the Exception (USC 44809). USC 44809 requires that "The aircraft is operated in accordance with or within the programming of a community-based organization's (CBO) set of safety guidelines that are developed in coordination with the Federal Aviation." The Academy of Model Aeronautics is one example of a CBO that has a set of safety guidelines. On Page 4 of those guidelines (www.modelaircraft.org/sites/default/files/documents/100.pdf), there is a statement "I will avoid flying directly over unprotected people, moving vehicles, and occupied structures."
So, you aren't complying with Part 107.39, but you need to meet the requirements of the CBO Guidelines. The FAA also has an Advisory Circular (AC) titled Exception for Limited Recreational Operations of Unmanned Aircraft (AC 91-57C) that provides information to help you understand and comply with the requirements of USC 44809. The AC is here: www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57C_FAA_Revised.pdf. Section 3.3.2.1 General Safety Measures and Practices is where this item is called out. Bottom line is that you have to ensure your flight meets the intent of 107.39 (don't fly over people), but you're not actually complying with that Part.
Take a recreation and put every restrictions in the world on it !!!
Can I fly a drone in my backyard? I use to see a couple of drones in my neighborhood but not anymore.
KJS Cameras on drones should be banned unless you fill out state or federal forms as to what is being photographed. You should also be required to have insurance to operate one.
I had a six year old kid tell his parents that my drone could be watching them! Dad got upset, mom was more reasonable! Personally I think it was more race related than an actual drone issue!
Yes! You can fly them, giant ones even, all night, anywhere, as many as you want but ONLY if you live in New Jersey apparently. Dont worry the government wont do anything about it either.
So.....I guess I won't be flying my Drone.
Don't the photography/video laws have established precedent with regards to "reasonable expectation of privacy" for at least half a century now? I don't see how you override this precedent with FAA drone laws.
Good point about a homeowner's association.
Appreciate it!
Last time I checked, you have no reasonable expectation of privacy out in public. If you DID, then you could sue EVERY STORE, EVERY COMPANY, AND EVERY BUSINESS that had a security camera.
Good explanation, well, I was watching your video and I was thinking on the one you made for the REMOTE ID MINI, can you make one video explaining step by step how the works, in a way that you can see what you do when you making the setting or the moves on the REMOTE ID MINI,I have one REMOTE ID MINI, but I’m confused with all setting, thank you!
Iam letting My drone climb to a altitude of 115 meters stealth style. That way i wont bother anyone, and make great aerial shots.
Well, I live in the Philippines, so even though some of these rules probably exist here, they are not enforced. I have never had and problems with the authorities. I've also flown in Thailand and Cambodia with no problems. Best thing to do is find a place to take off and land where no police will see you. I've never taken my drone to America, so I know nothing about what would happen there. Best not to fly by an anti drone neighbor.
The best time 2 fly drone in neighborhood is early in the morning. If the drone falls, it less likely to hit some1
You give out conflicting information. You mention local laws regarding privacy when flying over property, then go on to mention the FAA is the only entity that can control airspace. A local law cannot supersede a federal law. It is my understanding a local municipality can only control where you take off and land from and the airspace above tree lines is controlled exclusively by the FAA.
I feel sorry for everyone in the Drone industry. Eventually this will kill the industry. Think about this for a second. Any one of us right now could go out and buy a ultralight airplane get in it and fly it just about anywhere we want to without any license or training.
Anyone shooting down a FAA registered drone legally flying ,you will have a problem with the FAA......Federal law
It's a federal crime to shoot at any aircraft, including drones. The penalty for violating this law is a fine and/or imprisonment of up to 20 years.
I have a friend from the city ordinance that uses drones to look for suspecting residential backyard construction that has no permit from the city..a lot of violations are done at backyards like above ground pool install, shed, parked old non working vehicles on backyard lawns,etc that has no permit.
That's likely unconstitutional. Law enforcement is banned for searches with a drone without a permit. A backyard is a place where you'd expect reasonable privacy. You might wanna tell your friend and that city they are tip toeing into a massive lawsuit.
If the airspace tells me that it is open to fly I don't give a fuck about anyone and I'll just fly my drone at whatever FAA rules established
You didn't mention the weight restriction of 249 grams or below for not having remote ID.. You video is very misleading and may lull people into thinking they are within the law when they are not. Not a bash, just trying to keep those that want to be within the law aware. Any flight of ANY UAS (Unmanned Aircraft System) with a ready to fly weight of over 250 grams must be equipped with remote I.D. or be flown at an FAA recognized FRIA (FAA Recognized Identification Area).
TOO MANY DAMN RULES AND BUSY BODIES MAKING THEM OUT OF IGNORANCE.
We live in an extremely quiet area where the loudest anything you hear are the birds and the wind. You would immediately be making lots of enemies if you flew in this area - no one wants to hear that awful and weird sounding drone buzzing/whining around. We could care less whether you "can." If you want to get along with the neighbors you "won't."
You won't hear a drone 300ft in the air.
@oreos922 Irrelevant and probably inaccurate comment. Who cares about that one figure? Will I hear it at 299? 298? 297? 296? As they go up and down? And so on. Too many drone operators only care about their own "fun" as they look down on their neighbors who don't want to be looked down or "spied" upon. Again, if you want to be known in the whole neighborhood as "that scum who bothers us every day/week with his drone," and "If he needs help with anything at all he can go screw himself," well then okay, probably your choice as bad as that choice is. But if you'd rather be a decent, moral person who is well liked and that people are willing to be friends with or help on occasion, well then I'd say that's a lot better for everyone including you.
How could you possibly fly over a neighborhood and not fly over people. Yes, most may be in their houses, but at most any time some will or may be outside. Children playing for example.
Yes, In that case they need to prohibit to fly regular airplanes and helicopters over people and homes and cities. They do worst damage. this is so stupid
I’m flying my drone 100% legal. I get Karen’s coming over and contacting me and the police over flying over their front yards. They are all paranoid that I’m the government spying on them
When it comes to flying by or around people, i generally follow the rule of traffic.
Pedestrian have right of way but if a car/truck/big rig can drive within 10 feet of them, i can harmlessly fly by the same way.
😂😂😂
Appears one You tuber was fined $200.000 for flying around his neighborhood , near buildings over people , near an airport etc since 2019 to present .
But we know the FAA is looking to make examples of various RC Aviators even when their claims are far more than truthful .
SO be very careful where you fly and how you fly and especially posting it to the Net. You could be used as another example of the FAA's Commercial Lobbyists leaders.
He was warned multiple times and given the opportunity to get his 107 cert. But he essentially said FU to the FAA. That's why he's in court now.
@@PhillyGuy60 does not matter it is still about commercial companies buying the space and using the FAA/Congress to push all others out and into a club field somewhere and stealing the rights and freedoms of all US Citizens declared even in the US code, Constitution, Bill of Rights and most laws of the land .
The FAA has limited authority and it is just in "navigable airspace" and that has been their mandate since Congress described it and that has not changed as of yet to this day that even the courts have shown to be a fact.
But we do not have enough people willing to stand up and end the steal and the unlawful and Unconstitutional rules/regs they have imposed on the RC Aviation community.
F the HOA! I wish they would tell me I can't fly 😂🤣🤣😂😂
I have a private pilot license. But dude. You made this so much more complicated than it needs to be. Someone gets a drone for Christmas and you were talking about part 107. They don’t even know where to find that. you’re using terms terminology and legal details that I am even having to go away. What did he say there? What was that? I almost have to look it up what was that. Make it simple make it easy so people can understand it.
Thanks for the feedback!
This in AUSTRALIA is not valid, YOU CAN NOT FLY OVER ANYONES HOUSE BUT YOUR OWN. no flying over your neighbours house !!!
HOA's suck. Period.
Absolutely. Worth every penny to avoid.
Well, they DO prevent a rat-infested, hoarder yard from being next to me, so there’s that. 😎
I flies me drone anywhere I want how’s that?
Hopefully, things aren't too tense between you and your neighbors.🤣🤣🤣
Yes, yes you can BUT beware of your neighbors, if they like you now, they WON'T if you start flying around. LOL my neighbors hate me now
Depending on the country, eg. In Australia, you cannot fly a drone over someone’s property. Just do the right thing and don’t try and be one of those people who thinks it’s their right to fly wherever you want.
It's different in the US. Here it is is their right. That does not mean you should be a jerk about it.
I think it is time people stop saying "smart phone". 🤭🤭
They do not make the AIR
I’m several miles from a small airport and called to get permission to fly one day. They laughed and gave me anytime permission.
Is that enough?
There is no requirement that you need to take the "TRUST" test. It is encouraged but not required.
From the FAA's website: "The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel."
No
This is national US stuff..