Flying drones over private property is illegal in California?

[kjonyou]

Can someone clear this up for me? Apparently there was a law passed in CA in 2015 making it illegal to fly a drone over someone else's private property. I know there are privacy laws and I know the FAA took over in 2018 and things changed but I am confused. On other websites I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

So my question is, in theory, if I am in an unrestricted zone in a big city, could I take off from my backyard, fly over a bunch of houses to another area without being in violation of California law? Assuming I don't hover in one spot like spying on someone?

 

[BSauce955]

Can someone clear this up for me? Apparently there was a law passed in CA in 2015 making it illegal to fly a drone over someone else's private property. I know there are privacy laws and I know the FAA took over in 2018 and things changed but I am confused. On other websites I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

So my question is, in theory, if I am in an unrestricted zone in a big city, could I take off from my backyard, fly over a bunch of houses to another area without being in violation of California law? Assuming I don't hover in one spot like spying on someone?

I'm also interested in hearing the completely correct answer from those who really know but from what I know, it's completely legal to fly over people's property. However, I'd try not to be flying over with the camera down zoomed all the way in, you know what I mean? More like, fly over their property and go film whatever you came for. About the FAA only controlling 500 feet and above, as far as I know, they control all airspace.

 

[Vic Moss]

Technically the law only applies to actions that "occurs in a manner that is offensive to a reasonable person."

CA CC 1708.8 is pretty clear, and it doesn't involve regular flights. It's specific to actions that are offensive to reasonable people.

Also, states may not control the airspace. This law doesn't really control the NAS, it's more of a conduct law.

You are not in violation of that law under the flights you describe above. I would not worry about it.

Full text of the bill: Bill Text - AB-856 Invasion of privacy.

 

[MAvic_South_Oz]

However, I'd try not to be flying over with the camera down zoomed all the way in, you know what I mean?

Unfortunately paranoid people on the ground noticing the drone wouldn't know this.
Keeping high over homes when transiting would be the best solution, not many would normally hear most drones at 400'.
This is a good reason to use MAS props, they really do take the sting out of the drones pitch.

 

[BSauce955]

...This is a good reason to use MAS props, they really do take the sting out of the drones pitch.

What are MAS props?

 

[Vic Moss]

What are MAS props?

Master Air Screw. They're aftermarket prop makers. They're props are supposed to be quieter than OEM.

I'm not a fan of using aftermarket props, but MAS has been around a very long time and have a very good reputation.

I'm also not a fan of trying to be stealth. If someone has a problem, I want them to find me.

 

[Meta4]

On other websites I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

There is no truth in this at all.

 

[MAvic_South_Oz]

What are MAS props?

Master Airscrew, I love em . . .

YouTube description has actual Db readings and prop revs info . . .

The seem to work better on some models over others, but thing they do reduce the high tone in pitch from what I see (hear) . . .

It's not that I'm trying to be slealthy or sneaky, just better to avoid the problem of garnering peoples attention in the first place.

 

[Vic Moss]

On other websites I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

Yeah, that's 100% incorrect. I'd ignore that. Most of the time they're referring to a former ruling that mentions it, but it never set precedent. I don't remember where that was though.

The US Congress has given the FAA all authority over navigable airspace. In the manned aviation world, there are certain limits for sure, but when it comes to drones, our navigable airspace is literally from the blade of grass up.

Also, the 500' "rule" is easily debunked by simple logic. Let's say someone owned a small helicopter, and had a landing pad on their property in a city. Now supposed he took off, and flew over his town at less than 500' and without a pilot's license.

I'd bet the farm that they FAA would most certainly become involved with his investigation and consequent prosecution.

So yeah, the 500' "rule" some use is not law. It's just a misinterpretation that property lawyers like to quote. To my knowledge, no one has ever successfully used that in a court case.

 

[sar104]

Also, the 500' "rule" is easily debunked by simple logic. Let's say someone owned a small helicopter, and had a landing pad on their property in a city. Now supposed he took off, and flew over his town at less than 500' and without a pilot's license.

I'd bet the farm that they FAA would most certainly become involved with his investigation and consequent prosecution.

Good example. But does that mean that if he only flies his small helicopter indoors then the FAA has no authority to regulate?

 

[Vic Moss]

Good example. But does that mean that if he only flies his small helicopter indoors then the FAA has no authority to regulate?

If he has a big enough barn, he can do that. Not sure how smart if would be, but it would be legal.

 

[Tufargon]

On other websites I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

You have to remember. The FAA controls where we can fly also and we are not allowed to fly over 400 ft AGL. So they control from the ground up.

 

[snowghost]

I'm in Los Angeles, and the ordinance about flying over property arose out of paparazzi using drones to photo/video celebs.

Overflying is no big deal if done responsibly.

 

[TonyPHX]

In the typical "Fee Simple" deeds to realestate, your "property" is limited to the highest/tallest improved structure on the land. Pretty sure I'm not going to fly onto someones property and be lower than their roof..that would be trespass I suspect, and is at the very least ethically wrong as well.

 

[Starz]

I have read that the FAA only controls 500 feet and above and therefore anything below that is private.

Really. Where???

 

[Vic Moss]

Really. Where???

It's repeated fairly often in some websites. Quite a bit in real estate law forums.

But sites repeating it doesn't make it right. Some people won't believe it though.

 

[snowghost]

Here's an interesting scenario. West Hollywood, CA is incorporated and has drone regs that include registering with the city, and labeling it with their tail number. In addition your drone must be physically inspected before you're Kosher.

So you launch from LA City right next door and fly over The Roxy. The LA County Sheriff has jurisdiction in WeHo. Could you be busted? I say no, but if Barney Fife decides to arrest you, the LA County Jail is not for the faint of heart.

 

[Vic Moss]

Here's an interesting scenario. West Hollywood, CA is incorporated and has drone regs that include registering with the city, and labeling it with their tail number. In addition your drone must be physically inspected before you're Kosher.

Well, I just emailed the City Manager and let him know he can't do that. We'll see if they answer. They usually don't.

So you launch from LA City right next door and fly over The Roxy. The LA County Sheriff has jurisdiction in WeHo. Could you be busted? I say no, but if Barney Fife decides to arrest you, the LA County Jail is not for the faint of heart.

 

[Starz]

repeated fairly often in some websites.

I once had a LE officer ask me a question about an incident that someone claimed I had information about. I told him the someone was wrong. He then said he could take me downtown and ask me the same question. I then asked him which car we were going in? At that point he said I could leave.
The point is, people should make an effort to understand whatever laws may apply to what they involve themselves in. Just because a website makes a claim, it’s on you to verify that information to be valid before it‘s
transferred to others.

 

[Paint Rock Drones]

...

So my question is, in theory, if I am in an unrestricted zone in a big city, could I take off from my backyard, fly over a bunch of houses to another area without being in violation of California law? ...

Yes. But the regulations do say that you can't fly over people or moving vehicles (at least not at the moment with any available drone). I'd guess if you fly over a bunch of houses you would have to take extra care to avoid the people and vehicles that tend to be around those houses.