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Do not fly any drone in Key West

Again, here, while all you need is an ATC clearance to satisfy the FAA and federal law to operate on the key per Part 101 or 107, there may be local, county, or state laws which prohibit the use of UAS in certain areas. That's the only extra recourse I could recommend here. After that, the cop's contention is baseless.

Well I already did local above but as for State... ask and Google will grant thy wish

(Note: it states the Federal rules first but we don’t need these repeated so I didn’t)

Florida State Regulations

FDOT regulates airports, promotes their development, and protects the approaches to Florida’s aviation facilities by Florida Statute (F.S.). Independent of FDOT, UAS operator rules are provided in Chapter 330.41, 330.411, and 934.50, F.S., and regulate use, operation and law enforcement, civil, business, and personal uses, as well as the liabilities associated with them.


Specifically, Chapter 330.41(4)(a). F.S., provides the use of UAS for the following purposes:

  • A person may not knowingly or willfully operate a drone over a critical infrastructure facility (330.41(4)(a)1, F.S.)
  • A person may not knowingly or willfully allow a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility (330.41(4)(a)2, F.S.)
  • A person may not knowingly or willfully allow a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility (330.41(4)(a)3, F.S.)
Specifically, Chapter 330.411, F.S., prohibits the use of UAS for the following purposes:

    • A person may not possess or operate an unmanned aircraft or unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition
Specifically, Chapter 934.50(3), F.S., prohibits the use of UAS for the following purposes:

  • Use of UAS by law enforcement to gather evidence or other information (934.50(3)(a), F.S.)
  • Use of UAS to conduct surveillance of privately owned real property or the owner (934.50(3)(b), F.S.)

    Additionally, under Chapter 934.50(4), F.S., UAS are allowed for the following uses:
    • To counter a terrorist threat (934.50(4)(a), F.S.)
    • Law enforcement activity with a warrant (934.50(4)(b), F.S.)
    • For law enforcement in particular circumstances when swift action is needed (934.50(4)(c), F.S.)
    • A business or profession may use a drone to conduct reasonable tasks within the scope of that business’ license (934.50(4)(d), F.S.)
    • For property appraisals (934.50(4)(e), F.S.)
    • To capture images of electric, water, or natural gas facilities (934.50(4)(f), F.S.)
    • For aerial mapping in compliance with FAA regulations (934.50(4)(g), F.S.)
    • To deliver cargo in compliance with FAA regulations (934.50(4)(h), F.S.)
    • To capture images necessary for the safe operation or navigation of a UAS, when used for purposes allowed under federal and Florida law (934.50(4)(i), F.S.)
    • By a communications service provider or a contractor for a communications service provider for routing, siting, installation, maintenance or inspection of facilities used to provide communications services (943.50(4)(i), F.S.)


  • Airport’s Responsibility
    An airport is responsible for ensuring the safety of airport facilities and for managing airport lands, buildings, and infrastructure. Airports should understand the rules and regulations related to UAS operations at and in the vicinity of their airport and coordinate with the FAA and FDOT to ensure the safety of airport operations. Airports should notify local law enforcement and the FAA in the event of an unauthorized UAS is used in close proximity to the airport.
    Local Law Enforcement’s Responsibility
    Local law enforcement is responsible for enforcing the laws and regulations as they relate to UAS operations. If a UAS operator is suspected of breaking FAA regulations, local law enforcement agencies (LEA) are encouraged to follow D.R.O.N.E.
    • Direct Attention outward and upward, attempt to locate and identify individuals operating the drone (Look at windows/balconies/ roof tops).
    • Report Incident to the FAA Regional Operations Center (ROC). Follow-up assistance can be obtained through FAA Law Enforcement Assistance Program Special Agents
    • Observe the UAS and maintain visibility of the device, look for damage or injured individual.
    • Notice features: Identify the type of device (fixed-wing/multi-rotor), its size, shape, color, payload, and activity of device
    • Execute appropriate police action: Maintain a safe environment for general public and first responders. Conduct a field interview and document ALL details of the event per guidance provided by the FAA.
  • Pilot’s Responsibility
    Pilots are in charge of operating aircraft – including UAS - in a safe manner and are ultimately responsible for the route and operation of aircraft in the sky and on the ground. Pilots should understand the rules and regulations of UAS and report any improper use or operation. Please utilize the FAA’s “I Fly Safe” UAS safety checklist here.
    Community Responsibility
    The community should understand the rules and regulations regarding airports and aircraft. Knowing the roles and responsibilities of those involved in aviation (the FAA, the airports, airlines, pilots, etc.) and how to contact the appropriate entity will help ensure the safe and effective operations of UAS. Community members should know the locations of airports in their area and report any suspicious activity to the appropriate agencies.
    The FDOT Airport Directory lists the owner, manager, and contact information for all public and private use facilities in Florida. The link to download the Directory as well as a map of Florida’s public use aviation facilities can be found here.
    A map of Florida’s aviation facilities can be found at https://fdot.gov/aviation/facilitymap.shtm.
 
I didn’t see anything that would prevent the OP from flying there. We can use seductive reasoning to reasonably conclude he wasn’t in one of those “military NFZs” since DJI let him take off there.
 
I didn’t see anything that would prevent the OP from flying there. We can use seductive reasoning to reasonably conclude he wasn’t in one of those “military NFZs” since DJI let him take off there.
"Seductive reasoning"?

That will get you in trouble every time. :D

Larry
 
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I was not near the NFZ which are the navel air stations on both sides of the island. Officer also told me that it was OK to fish with a UAV because we know what they are doing
 
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We all know that above terra firma it’s only FAA that makes the rules. All others, except perhaps military, just make laws that are invalid, but are too much of a nuisance or expense to contest.
 
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Highest authority trumps here in Australia
(Not a Donald pun :). )
 
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I’m agreeing with you. Some states here have tried to introduce local rules and restrictions, but at the end of the day, federal laws are the deciding factor and override local state and council rules. Of course, it could be a pain to contest in court
 
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I’m agreeing with you. Some states here have tried to introduce local rules and restrictions, but at the end of the day, federal laws are the deciding factor and override local state and council rules. Of course, it could be a pain to contest in court
Sad but true... economic contest, not a search for truth...
 
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At the end of the day this was a thread warning not to fly in Key West. Well we have proven that this was not the case by law rule or whatever. There are overzealous cops that have no clue about the National Airspace rules and regulations EVERYWHERE not just in Key West. Does that mean you shouldn't fly because of the possibility that an ignorant cop will stop you even though you are following the rules, absolutely not!!!

These are learning opportunities for everyone including local LE and I think if this were to happen to you just be respectful and polite and present your case. If you have the law on your side it will all work itself out. This could have happened anywhere at any time to anyone of us.

@Stevenfair we'd still really like to see the "permit." I want to know if somehow you were accidentally issued a waiver or if that was your just 336 registration.
 
One clarification - you don't need to be flying commercially to fly under Part 107 - that's the overarching sUAS law and you can fly under it for any purpose, including recreational. However, the OP confirmed that he is not Part 107 anyway.

You are correct sir. You don’t need to be flying commercially to fly under part 107. However if your flying recreationally then part 107 doesn’t give you any other rights or authority either. No job, no part 107 required. Everyone’s the same when flying recreational.
I also agree that the op confirmed he was not part 107 certified. It was all the other posts that brought the part 107 issue up as if that would have made a difference under the law. which in this case simply did not apply. It’s a scenario I see repeatedly happening where part 107 is brought into a discussion erroneously.

Knowledge is a great thing and certainly obtaining a part 107 certificate will give you that along with the ability to fly commercially and make money with your drone. However it grants nothing more than that. I think there are an awful lot of people who went through the time and expense to be part 107 certified and haven’t made one dime in doing so or even attempted to get commercial jobs.

All of this is just my opinion and coming from a 69 year old who just loves recreation flying and aerial photography with no intention of getting 107 certified. I just want to have fun and peacefully enjoy myself and my drone.
 
You are correct sir. You don’t need to be flying commercially to fly under part 107. However if your flying recreationally then part 107 doesn’t give you any other rights or authority either. No job, no part 107 required. Everyone’s the same when flying recreational.
I also agree that the op confirmed he was not part 107 certified. It was all the other posts that brought the part 107 issue up as if that would have made a difference under the law. which in this case simply did not apply. It’s a scenario I see repeatedly happening where part 107 is brought into a discussion erroneously.

Knowledge is a great thing and certainly obtaining a part 107 certificate will give you that along with the ability to fly commercially and make money with your drone. However it grants nothing more than that. I think there are an awful lot of people who went through the time and expense to be part 107 certified and haven’t made one dime in doing so or even attempted to get commercial jobs.

All of this is just my opinion and coming from a 69 year old who just loves recreation flying and aerial photography with no intention of getting 107 certified. I just want to have fun and peacefully enjoy myself and my drone.

I think you have perhaps misunderstood Part 107. Everyone is not necessarily the same when flying recreational - it depends whether they are flying under Part 101 or Part 107. If you are Part 107 certified then you can choose to fly recreationally under Part 107 or Part 101 rules, which, obviously, are different. In general Part 107 is more restrictive than Part 101, except in the way that it treats airspace. So if you fly recreationally under Part 101 you don't have to worry about the class of airspace but you do have to notify any airport within 5 miles. If you fly recreationally under Part 107 you don't have to notify airports at all provided that you are in Class G airspace, but in other classes of airspace you have to get a FAA waiver/authorization to fly at all.
 
I am out of key west now and can say more. I am a pilot and have been since the late 70s. That is a private land base maned pilot. I was under the control airspace for the airport and still got in trouble
 
I am out of key west now and can say more. I am a pilot and have been since the late 70s. That is a private land base maned pilot. I was under the control airspace for the airport and still got in trouble

Was the issue the controlled airspace, or a local ordinance that prevents sUAS operations? You can be fully in compliance with FAA flight regulations but still in contravention of local rules regarding takeoff and landing.
 
I am out of key west now and can say more. I am a pilot and have been since the late 70s. That is a private land base maned pilot. I was under the control airspace for the airport and still got in trouble

What do you mean you were under it? The Class D in which all of the land mass of Key West resides in starts at 0 feet and goes up to 2500 ft MSL. (Thanks @sar104 this is a great resource!) I am not reading this right?

70763BAC4027F-238F-4CEF-9C4B-04F7ADEFF2A9.png70765
 
I am out of key west now and can say more. I am a pilot and have been since the late 70s. That is a private land base maned pilot. I was under the control airspace for the airport and still got in trouble

Stop making stuff up, it only fools people that know even less than you
 
I think you have perhaps misunderstood Part 107. Everyone is not necessarily the same when flying recreational - it depends whether they are flying under Part 101 or Part 107. If you are Part 107 certified then you can choose to fly recreationally under Part 107 or Part 101 rules, which, obviously, are different. In general Part 107 is more restrictive than Part 101, except in the way that it treats airspace. So if you fly recreationally under Part 101 you don't have to worry about the class of airspace but you do have to notify any airport within 5 miles. If you fly recreationally under Part 107 you don't have to notify airports at all provided that you are in Class G airspace, but in other classes of airspace you have to get a FAA waiver/authorization to fly at all.

I’m not sure what I misunderstood? Why would anyone flying recreational say they are flying under part 107?
 
I’m not sure what I misunderstood? Why would anyone flying recreational say they are flying under part 107?

That's a different question completely. So they don't have to contact local airports, for example?

You misunderstood in your repeated assertion that the rules for recreational flying are necessarily the same whether or not you are Part 107 certified. If a Part 107 pilot chooses to fly recreationally under Part 101 then the rules are the same. But if a Part 107 pilot chooses to fly recreationally under Part 107 then the rules are different. I cannot see what possible ambiguity there is here, so I'm not sure why you are still arguing an incorrect interpretation.
 
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