Hi. I'm a licenced commercial UAV pilot here in California. The way I understand it is.
To fly commercially (being paid) you must have a licence and follow many rules and regulations. We are practically grounded.
To fly over people you need a waiver.
To fly at night you need a waiver.
To fly out of line of sight you need a waiver.
To fly in controlled airspace you need a waiver.
Many more...
To get these waivers requires an application sent in to the FAA and could take 90 days to be approved. So yeh. As a photographer. These airborne photoshoots are a pain and almost not worth it.
now.. As a recreational flier. (Flying for fun, not profit) the rules are much simpler. The one rule.
Cannot fly in controlled airspace. (Within 5 miles of an airport)
Here's what you do.
Download the AIRMAPS app. Check it before you fly. It will tell you if flying at your location is legal. And shows you which, if any airports are nearby. And provides phone numbers to the ATC (air traffic control) that control the airspace you are in. Many companies are onboard and sponsor AIRMAPS including DJI, Amazon, google, Intel and the FAA supports it.
It is legal to fly within 5 miles of an airport as long as you notify the tower. And is the safe thing to do so any planes or helicopters know you are their buzzing around. You are not required to ask permission. You are required to just let them know where you will be. Noone owns the sky.
Flying commercially. You need a waiver and inform tower
Flying for fun. You need to just inform the tower.
There's more.
If your drone weighs between 0.55 pounds and 55 pounds. Then it is required that you register your drone with the FAA. Registration requires a 5 dollar fee and you get a tail number to put on your drone just like every airplane and helicopter has.
If it is a public place you have a right to launch and take pictures of anything you want. It is public. Launching from privately owned land. Obviously you need permission from the land owner or management.
Military airspace is a no fly zone..period.
National parks are no fly zones..period.
AIRMAPS will let you know.
I was in Marine Corps Air Station airspace and even though its a military no fly zone. I called their tower to ask permission. The said they were happy I called. Took my coordinates , asked the time and height I would be and they happily granted my request. They also said that they would notify San Diego International Airport for me. Also. Since it was a commercial job they asked if I was licenced and had a waiver to fly in controlled airspace.
So I was good and legal.. Here's where I ran into problems. DJI is onboard with the FAA and with AIRMAPS so the drone knew I was in a no fly zone. The thing would not even launch...LOL
So in summary. Flying for fun.
Register your drone online.
Make sure you are not in controlled airspace.
If you are then notify the tower.
Launch and have fun!!
Stay below 400 feet. (Airplanes are required to stay above 500)
I have never been denied. They are always happy to hear from me. And if we all do this then they will begin to get sick of all these requests from drone pilots notifying them of a toy drone that weighs 2 pounds will be in the air below 400 feet. And will simplify the process for us.
If you do all this then Nobody. Not even law enforcement can tell you that you are breaking the law. Just let the police officer know that you are in legal airspace, your drone is registered, and you have clearance from Air Traffic Control. and that you are licensed (if applicable).you will not be breaking any laws. And will win your day at court if it came to that.
Remember. Noone can assume the right to privacy in a public place. You can photo or video anything you want.
Fly safe. Fly legal. Have fun!
I am a licensed commercial pilot and photographer by trade. I am not affiliated with law enforcement, the FAA, DJI, Airmaps, Amazon, Google, or Intel.
And am not a perfect person so could have forgotten a few things. But this is how it is, as far as I understand it.
I'm not sure if I understand some of things you stated. i.e. your statement about all public spaces been ok to launch from is just not true. Lots of public lands have restrictions on what you can and cannot do such as city parks, state parks, BLM, wilderness areas, etc. The FAA doesn't own the sky, it regulates it, and there have been successful lawsuits against the government about expectation of privacy and property rights that extend at least some measure above a persons property.
also, I don't think you meant it this way, but you made it sound as if recreational flyers have but one rule? but they have many the same ones we Par1 107 pilots do.. i.e. no flying over groups of people, no higher then 400ft, maintain line of sight, no flying at night, etc. The difference is with Part 107, you can get exceptions to those, which yeah, is a pain to wait, but much better then the process under previous 333 rules, and the FAA is planning on allowing BVLOS, night flying, flying over people, soon, and without waivers, but only for certified pilots.
Also, and it depends on what you define as Military airspace, if you mean over military airfields, then yes, but there are vast MOA's all over the country where the FAA has said the following "If the restricted area is not active and has been released to the Federal Aviation Administration (FAA), the ATC facility allows the aircraft to operate in the restricted airspace without issuing specific clearance for it to do so"
so it's not always simple, you have to learn how and where to get the information, and to educate yourself with the correct information. A good chuck of that can be found in these three websites
Fly for Fun
Pilot’s Handbook of Aeronautical Knowledge
Unmanned Aircraft Systems (UAS) Frequently Asked Questions
