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Australian Law - Flight Over Homes

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May 18, 2017
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Hi,

I note that the CASA regulations are such that it is state regularly that you are not to fly within 30 meters of buildings. I was wondering how this related to the airspace above a building. Obviously there is a reasonable risk that flying over a person could cause an injury and is thus illegal. I do not think there is a reasonable risk of injury if you fly over a house, most likely ding a tin roof.

Is anyone aware of what the law says in relation to this (preferably backed up with references).

Regards,
 
Hi,

I note that the CASA regulations are such that it is state regularly that you are not to fly within 30 meters of buildings. I was wondering how this related to the airspace above a building. Obviously there is a reasonable risk that flying over a person could cause an injury and is thus illegal. I do not think there is a reasonable risk of injury if you fly over a house, most likely ding a tin roof.

Is anyone aware of what the law says in relation to this (preferably backed up with references).

Regards,


If people bothered to actually read what the legislation says, they'd see that this mythical 30m rule applies ONLY to flying within 30m of PEOPLE.
Read CASA's wording in relation to flying near/over buildings VERY CAREFULLY and you'll see it's very suggestive - ie: you SHOULD not do something.
 
If people bothered to actually read what the legislation says, they'd see that this mythical 30m rule applies ONLY to flying within 30m of PEOPLE.
Read CASA's wording in relation to flying near/over buildings VERY CAREFULLY and you'll see it's very suggestive - ie: you SHOULD not do something.

Actually they word it like this on their webpage:

  • You must not fly closer than 30 metres to vehicles, boats, buildings or people.

Flying drones or model aircraft recreationally | Civil Aviation Safety Authority
 
If people bothered to actually read what the legislation says, they'd see that this mythical 30m rule applies ONLY to flying within 30m of PEOPLE.
Read CASA's wording in relation to flying near/over buildings VERY CAREFULLY and you'll see it's very suggestive - ie: you SHOULD not do something.

I'm totally on board with the differences within legislation between must and should, should often represents best practice and I imagine you could still be held liable for reckless disregard for best practice that results in an injury. (I'll standby for any lawyers to correct me :D).

We could have one if two situations, a conflict between the regulation and the website, or the website providing an interpretation of the regulation.

Thoughts?
 
I'm totally on board with the differences within legislation between must and should, should often represents best practice and I imagine you could still be held liable for reckless disregard for best practice that results in an injury. (I'll standby for any lawyers to correct me :D).

We could have one if two situations, a conflict between the regulation and the website, or the website providing an interpretation of the regulation.

Thoughts?

What they wrote on their web site and what is LAW are two different things.
There is no place in legislation that states you must not fly within 30m of anything but a person.

But - there IS flying in a hazardous manner that could be applied depending on what you were doing.
 
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