Drone over Busch Gardens after park closed. Is it illegal?

[clydesur]

I wanted to post this video to Facebook Roll Coaster page and they marked it as illegal. I've been reading post and did not think that it was. Busch Gardens is NOT considered a No Fly Zone. If it was my Mavic's software would not let it take off. I flew when the park was closed, never flew over people or animals. No airports within 5 miles.
Is my reasoning correct?

 

[brett8883]

I wanted to post this video to Facebook Roll Coaster page and they marked it as illegal. I've been reading post and did not think that it was. Busch Gardens is NOT considered a No Fly Zone. If it was my Mavic's software would not let it take off. I flew when the park was closed, never flew over people or animals. No airports within 5 miles.
Is my reasoning correct?

Your conclusion that it is legal to fly there just happens to be correct but your reasons for coming to that conclusion are wrong.

1. DJI doesn’t prevent you from flying illegally. The worst part about DJI’s geozone system, though just one of many, is that the geozones DJI has designated are just made up by DJI and don’t follow any laws, regulations, nor common sense sometimes. Don’t use them for anything they are pretty much worthless.

2. Being 5 miles from an airport doesn’t mean anything either. Laws are based on controlled airspace now which means sometimes flying right over some airports could be totally legal and other times you could be more than 10s of miles away from an airport and still be in controlled airspace. There can also be temporary flight restrictions in place. One extreme example was the SpaceX launch this weekend that had a 30 mile radius ?. Use an app like AirMap or KittyHawk to determine if you can legally fly somewhere.

Additionally there isn’t really a legal reason why recreational pilots can’t fly over people. Not to get into the weeds but that’s currently not covered by any applicable law and the law that enables you to fly recreationally without a remote pilot certificate doesn’t mention anything about flying over or near people. Maybe you shouldn’t anyway but its not illegal (for now at least.)

Flying over animals is generally just fine just don’t go pestering any bald eagles or other endangered species which will get you into trouble

 

[Deleted member 114292]

Your conclusion that it is legal to fly there just happens to be correct but your reasons for coming to that conclusion are wrong.

1. DJI doesn’t prevent you from flying illegally. The worst part about DJI’s geozone system, though just one of many, is that the geozones DJI has designated are just made up by DJI and don’t follow any laws, regulations, nor common sense sometimes. Don’t use them for anything they are pretty much worthless.

2. Being 5 miles from an airport doesn’t mean anything either. Laws are based on controlled airspace now which means sometimes flying right over some airports could be totally legal and other times you could be more than 10s of miles away from an airport and still be in controlled airspace. There can also be temporary flight restrictions in place. One extreme example was the SpaceX launch this weekend that had a 30 mile radius ?. Use an app like AirMap or KittyHawk to determine if you can legally fly somewhere.

Additionally there isn’t really a legal reason why recreational pilots can’t fly over people. Not to get into the weeds but that’s currently not covered by any applicable law and the law that enables you to fly recreationally without a remote pilot certificate doesn’t mention anything about flying over or near people. Maybe you shouldn’t anyway but its not illegal (for now at least.)

Flying over animals is generally just fine just don’t go pestering any bald eagles or other endangered species which will get you into trouble

8. Never fly over any person or moving vehicle.

Please read this before you hand out faulty advice.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

 

[Davros007]

8. Never fly over any person or moving vehicle.

Please read this before you hand out faulty advice.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

The advice in the link says “rules”, not laws.
They are therefore advice. In Australia we likewise have all kinds of rules, that, when you drill down, cannot be backed by law.
The link in the article to the laws:

https://www.congress.gov/115/bills/hr302/BILLS-115hr302enr.pdf

... leads to a can of worms I won’t get into as I’m not even in US. But Brett8883 did mention that it wasn’t against “the law”. Be interested to see if either of you can point out the reason “in law”. Personally, I like laws. Rules on the other hand are made to be broken. Rules are often created by freedom-sucking nanny-state entities when a law can’t be passed. Then people start to follow the new rule, then all of a sudden it’s passed into law! Not always a bad thing, but should always be questioned, no matter where you live.
Now be nice. I’m just interested in the US laws. Not insults or ethics, safety or advisable. Cut and dried is it illegal or not?

 

[Davros007]

I mention above as recently I was advised that I couldn’t fly within x km of an Australian airport etc. I had and have no intention of. But in the end I got it in writing from CASA (Aussie FAA) that despite the airport’s very strict “rules” to stay 5km away, I could legally fly up to the boundary fence, including the departure lane (which our rules specifically advise against), as long as aircraft were not in operation to the best knowledge of the drone pilot! This was because, despite it being a busy airport, it has no staffed control tower so is not a “controlled airport” - even though it’s done remotely. Really annoyed the airport I’m sure. But... them’s the rules! I mean laws!!

 

[maohmc]

I am not sure whether it is illegal or not, but I really enjoyed your video. Thank you for sharing.

 

[Vic Moss]

I wanted to post this video to Facebook Roll Coaster page and they marked it as illegal. I've been reading post and did not think that it was. Busch Gardens is NOT considered a No Fly Zone. If it was my Mavic's software would not let it take off. I flew when the park was closed, never flew over people or animals. No airports within 5 miles.
Is my reasoning correct?

Who are "they" that marked it illegal? That's what we need to know to answer your question.

 

[Deleted member 114292]

The advice in the link says “rules”, not laws.
They are therefore advice. In Australia we likewise have all kinds of rules, that, when you drill down, cannot be backed by law.
The link in the article to the laws:

https://www.congress.gov/115/bills/hr302/BILLS-115hr302enr.pdf

... leads to a can of worms I won’t get into as I’m not even in US. But Brett8883 did mention that it wasn’t against “the law”. Be interested to see if either of you can point out the reason “in law”. Personally, I like laws. Rules on the other hand are made to be broken. Rules are often created by freedom-sucking nanny-state entities when a law can’t be passed. Then people start to follow the new rule, then all of a sudden it’s passed into law! Not always a bad thing, but should always be questioned, no matter where you live.
Now be nice. I’m just interested in the US laws. Not insults or ethics, safety or advisable. Cut and dried is it illegal or not?

FAA Rules are derived from laws. Congress makes laws the FAA creates rules and regulations from those laws.
Trust me the FAA has prosucted for flying over people. One of the few things they do not like.

 

[DaveS]

Rules vs Laws...a debate that could fill pages. Just know that in the USA, if you violate the "rules" set down by the FAA, they can come after you (especially if they track you down after publishing your video) and you could end up with a fine, losing your drone, even jail time if your offense is egregious enough. My question is, did YOU shoot the video on the rides? If not, if you took that from somewhere else, there's the part YouTube has a problem with, not the aerial shots. Just asking.

And yes, DJI flight restrictions can keep you from flying. I was trying to get aerials of a recently renovated building. In order to get a complete POI shot I had to fly over a small portion of the county courthouse. However, the jail, on the opposite side of the courthouse, is now a "no fly zone." So, the DJI firmware kept stopping my flight, even over the road between the courthouse and the renovated building. The no fly zone is not very accurate.

 

[Deleted member 114292]

Who are "they" that marked it illegal? That's what we need to know to answer your question.

I the park was open they would chase you down. Closed ok.

 

[Pstik]

I enjoyed the video. I also liked how you mixed the airiel view with actual rollercoaster view.

 

[brett8883]

8. Never fly over any person or moving vehicle.

Please read this before you hand out faulty advice.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

This is a very over simplified version of this document Exception for Limited Recreational Operations of Unmanned Aircraft

You can see that the Federal Register lists what you have quoted as “guidelines” and you can follow those guidelines as an alternative to following a Community Based Organization guidelines as is required by law but the Federal Register also notes that FAA has yet to define what a community based organization is and what the requirement is to be considered a CBO. So for the time being the FAA will accept any guidelines to fulfill the CBO requirement in the law for now. Therefore you do not have to follow the guidelines you quoted as long as you don’t violate the actual law which doesn’t mention flying over people.

 

[Deleted member 114292]

This guy got a 20,000 fine so suit your self.

The FAA then sent a letter to Reuben Burciaga listing nine violations including:

• Flying a drone without permission
• In controlled airspace
• Flying over people
• Imposing a hazard to other aircraft

 

[brett8883]

This guy got a 20,000 fine so suit your self.

The FAA then sent a letter to Reuben Burciaga listing nine violations including:

• Flying a drone without permission
• In controlled airspace
• Flying over people
• Imposing a hazard to other aircraft

Part 107 pilots still can’t fly over people without a waiver. I haven’t seen any indications in any of the media reports about if he was flying recreationally or under part 107.

 

[Deleted member 114292]

Was not a part 107 pilot.
If you flew over an open attraction good chance you would be charged with that as well.

 

[Wet Willie]

I wanted to post this video to Facebook Roll Coaster page and they marked it as illegal. I've been reading post and did not think that it was. Busch Gardens is NOT considered a No Fly Zone. If it was my Mavic's software would not let it take off. I flew when the park was closed, never flew over people or animals. No airports within 5 miles.
Is my reasoning correct?

I don't know if legal or not but it was a very cool video. I enjoyed it.

 

[DaveS]

brett8883 typed, "The worst part about DJI’s geozone system, though just one of many, is that the geozones DJI has designated are just made up by DJI and don’t follow any laws, regulations, nor common sense sometimes."

He is dead right. I was scheduled to fly for work the other day in Dallas, TX. I was going to fly up to, but not over 400'. I was just on the edge of the 5 mile radius from Love Field airport. I had written permission to fly there from the local FAA in Dallas. I filled out my LAANC and was approved to fly. I got to the site and launched and DJI restricted me to 200'! No reason. They just did it. Really screwed up the video I was trying to get of a huge crane lifting HVAC units on to the top of a high-rise condo. I was really pissed. Since when does DJI have control over U.S. airspace!?!

I don't know how many of you have tried to get "permission" to fly in geozones from DJI. I have and it's a colossal pain in the arse! So, now, no matter what the FAA says, I have to go to DJI or I can't fly?! Crazy! Now looking into unrestricted XDynamic Evolve 2 as our main drone with Mavic as a back-up.