Flying Etiquette

[JoelP]

I am a 107 pilot and have flown over homes, but I always advise the homeowner to notify their immediate neighbors of what we plan to do and why. This always avoids the interruption that you experienced.

While there is nothing illegal about flying over a home in a neighborhood given that you are not in a restricted airspace, people do not understand how close to someone you need to be to spy on someone. Then there is the sound that it makes that can disturb their peace (although people rarely complain about motorcycles). Many cannot appreciate how stable these are in flight and see these as a safety risk.

My advice is to always be proactive in warning people.

 

[Cw4bray]

[/QUOTE]
This is not true: "Airspace in the USA is controlled by one and only one entity, and that is the FAA" ..
Recently several local communities have created "airspace" of their own.
Now it's necessary to check authorizations in at least two different places, "municipal ordinances" HOA's and UAS Data Exchange (LAANC)
We no longer have nation-wide aviation standardization. Local politicians invented "drone hate". For example; In my city, if I follow the city ordinance map, I can legally violate FAA airspace. The two maps have boundaries that are close, within 1/2 mile of being the same but that map boundary is where the FAA would have a problem if I follow the wrong (local) map. Unfortunately the city council doesn't know what they don't know, and the FAA won't do anything to stop the insanity. FAA condoned - City Airspace

 

[swimpmeister]

I was on a drone base roof inspection yesterday and hadn't even launched my drone. dude came rolling up in his truck and started screaming right away " get the [Admin Removed] off my property. Didn't even give me a chance to say anything so I started packing up my stuff. I guess it wasn't fast enough for him and he came charging at me, I real quick moved by my driver side where I keep my gun and told him to stay back, I think he knew I was reaching for gun so he stopped. Crazy people out there. be safe!!

 

[ToddCarey]

First off WELCOME to the forum

Many of us have had similar encounters and most of the time they calm down once we explain/show them what we are doing. That's not always the case and sometimes Law Enforcement "should" be called. Keep in mind that the MEDIA has painted all of us as Peeping Toms or Government spies. All they know is a Flying Robot is capturing images for WHO knows what reason. When things get hot don't be afraid to call Law Enforcement to help get things corrected just make sure you have YOUR ducks in a row (licenses, registration, etc etc).

One thing you need to know (here goes that guy) is that by doing anything outside of Hobby/Recreational you must have your Part 107 (Remote Operators License) from the FAA. Even if no money changes hand at no point is taking pictures of a solar panel installation on a house that isn't yours and your company installed every going to be considered "Hobby/Recreational". Not going to happen.

Even though you most likely do not have your Part 107 since your operation is not hobby/recreational you are held liable for ALL the rules within Part 107. Part 107 is the DEFAULT and without the "bubble of protection" afforded by Hobby/Recreational flights you are reverted back to Part 107 regulations (Which are Federal Regs.).

Just an addition, some states, like North Carolina, ALSO require commercial pilots to get licensed by the state. Where ever you fly commercially, it is wise to check if the state also has licensing laws.

 

[hiflyer201]

With only 8% of the population of the US owning drones and 15% who have ever flown them they are not exactly mainstream. Patient and persuasive education is needed to de-escalate these confrontations. Since I have zero patience with morons, I try to completely avoid any situation where such a meeting could occur.
I guess If I were to ever try to use my 107 I would have to learn some people skills. Joel P gives some real good advice.

 

[JoeBoy]

I real quick moved by my driver side where I keep my gun and told him to stay back, I think he knew I was reaching for gun so he stopped. Crazy people out there. be safe!!

You were on a professional job with permission to fly complying with all rules and a guy complained and you were reaching for a gun (presumably with full intent on shooting the guy, otherwise why reach for the gun) over a drone shot, with no discussion and no explanation between you?

 

[BushWacker]

Common sense rules! Don't fly where you think it might be illegal or where anyone feels they need to be the drone police.

For some people this would be considered everywhere. Rule of Thumb: Common Sense isn't common...

 

[WDKZoom]

If you have a link to that law, that would be very helpful. We'll fight it.

There is no actual definition of aerial trespass, and no state law may control the airspace. If this law exists, it's Federally Preempted.

Most residential homes in suburban America are so close together that if you take off from your front porch you are most likely within 50' of your neighbors property line and his or her dwelling.

WDK

 

[PhantomFandom]

This is not true: "Airspace in the USA is controlled by one and only one entity, and that is the FAA" ..
Recently several local communities have created "airspace" of their own.

I'm sorry but you are wrong. As I mentioned, many local municipalities have made their own ordinances but that is completely illegal. In the USA, ONLY THE FAA has full authority of the national air space. PERIOD.

Recently several local communities have created "airspace" of their own.

True, but that does not make it right or mean that it is legal under Federal law. They do it only because no one has challenged them on it. When these municipalities are challenged in court they lose.

We no longer have nation-wide aviation standardization.

Incorrect. The FAA still is the only authority legally authorized to control airspace in the USA.

You could read through the Federal Laws and Statutes but here it is in a nice concise summary directly from the FAA...

Press Release – FAA Statement–Federal vs. Local Drone Authority

 

[PhantomFandom]

Most residential homes in suburban America are so close together that if you take off from your front porch you are most likely within 50' of your neighbors property line and his or her dwelling.

So?

Just take off and fly straight up to a comfortable altitude for whatever you need to do.

 

[Cw4bray]

I'm sorry but you are wrong. As I mentioned, many local municipalities have made their own ordinances but that is completely illegal. In the USA, ONLY THE FAA has full authority of the national air space. PERIOD.


True, but that does not make it right or mean that it is legal under Federal law. They do it only because no one has challenged them on it. When these municipalities are challenged in court they lose.


Incorrect. The FAA still is the only authority legally authorized to control airspace in the USA.

You could read through the Federal Laws and Statutes but here it is in a nice concise summary directly from the FAA...

Press Release – FAA Statement–Federal vs. Local Drone Authority

That press release is 2 years old it's one of the documents that was reviewed by the city before they created their City airspace.

I'm sorry but you are wrong. As I mentioned, many local municipalities have made their own ordinances but that is completely illegal. In the USA, ONLY THE FAA has full authority of the national air space. PERIOD.


True, but that does not make it right or mean that it is legal under Federal law. They do it only because no one has challenged them on it. When these municipalities are challenged in court they lose.


Incorrect. The FAA still is the only authority legally authorized to control airspace in the USA.

You could read through the Federal Laws and Statutes but here it is in a nice concise summary directly from the FAA...

Press Release – FAA Statement–Federal vs. Local Drone Authority

I'm sorry but you are wrong. As I mentioned, many local municipalities have made their own ordinances but that is completely illegal. In the USA, ONLY THE FAA has full authority of the national air space. PERIOD.


True, but that does not make it right or mean that it is legal under Federal law. They do it only because no one has challenged them on it. When these municipalities are challenged in court they lose.


Incorrect. The FAA still is the only authority legally authorized to control airspace in the USA.

You could read through the Federal Laws and Statutes but here it is in a nice concise summary directly from the FAA...

Press Release – FAA Statement–Federal vs. Local Drone Authority

I've argued with my city council, till I'm blue in the face. I showed this same press release to the city council. I've talked with different FAA employees, none of which could successfully assist me. FAA lawyers have talked to the city to no avail. The old saying you can't fight City Hall really holds true. I agree that cities are making laws contrary to federal law. I'm not sure that makes them illegal ordinances. I won't be challenging them in court because, predicting a successful outcome of a trial is impossible and life is too short. Two choices are, follow City airspace that amateur politicians invented, or go to jail.

 

[PhantomFandom]

That press release is 2 years old it's one of the documents that was reviewed by the city before they created their City airspace.

Its age does not invalidate it. It was just summarizing FEDERAL LAW, which has not changed. Law is law until a new law is enacted that replaces, amends, or invalidates the older law. No such new law exists. This is still the authority of the FAA and only the FAA.

I agree that cities are making laws contrary to federal law. I'm not sure that makes them illegal ordinances.

Um of course it makes them illegal. The regulations specifically state that states, cities, and localities cannot supersede or usurp the authority of the FAA.

Two choices are, follow City airspace that amateur politicians invented, or go to jail.

No, there is a third choice. It's not an easy choice but some have gone this route and won. That choice is to fly as it is legal to do so by Federal law and then fight the municipality in court. Of course it is much easier to just give up your rights and not deal with the hassle, but at some point someone needs to make a stand.

 

[Cw4bray]

Its age does not invalidate it. It was just summarizing FEDERAL LAW, which has not changed. Law is law until a new law is enacted that replaces, amends, or invalidates the older law. No such new law exists. This is still the authority of the FAA and only the FAA.


Um of course it makes them illegal. The regulations specifically state that states, cities, and localities cannot supersede or usurp the authority of the FAA.


No, there is a third choice. It's not an easy choice but some have gone this route and won. That choice is to fly as it is legal to do so by Federal law and then fight the municipality in court. Of course it is much easier to just give up your rights and not deal with the hassle, but at some point someone needs to make a stand.

The third choice may require a "legal defense - go fund me" page and a roll of the dice. Anyone passing through my town and willing to make a stand, is welcome to borrow my drone, it'll get confiscated by the police. I'm willing to contribute a drone toward making a stand. Anyone willing to create a legal defense - go fund me page, with enough support, refundable when not used for legal defense, would encourage me to become a drone criminal in an effort to make a stand.
The part that really ticks me off, following the city airspace map, it's possible to bust LAANC airspace and the FAA won't stand up to a silly municipality !

 

[PhantomFandom]

would encourage me to become a drone criminal in an effort to make a stand.

You would not be a criminal. You would be following proper FAA regulations.

FAA won't stand up to a silly municipality !

It is not the FAA's charter or responsibility to fight for your rights. The FAA has one major overriding responsibility and that is to ensure the safety of the NAS. If you cannot fly due to improper local ordinances that does not affect safety of the airspace. They also have limited funding and manpower, and as such would never have the resources to fight for all these cases.

When anyone (including) local government is not properly following regulations and laws, there are two ways to approach it. Either fight in advance to get those improper ordinances repealed, or take up the fight in court after an incident. Either way, it is not the FAA's responsibility to help you in said fight.

 

[iaincaradoc]

Might be worth pinging J. Rupprecht.

Drone Law and Drone Attorney Assistance

Aviation Drone Law author, FAA Certified Flight Instructor Pilot & Attorney Jonathan Rupprecht focusing on commercial drone legal and regulation issues .

jrupprechtlaw.com

 

[Cw4bray]

Might be worth pinging J. Rupprecht.

Drone Law and Drone Attorney Assistance

Aviation Drone Law author, FAA Certified Flight Instructor Pilot & Attorney Jonathan Rupprecht focusing on commercial drone legal and regulation issues .

jrupprechtlaw.com

Love photographybanned.com
Good idea ! Except I don't need his service$ now, unless I decide to pick a fight with the police. My 107 cert. might be enough to talk my way out of a ticket, I'm friendly. Or the police may not be aware of local city drone ordinances.
Licensed to practice in SD. might be an issue. His colleagues may refuse to assist him, if they're fighting local government, while being in bed with the competition. Maybe some one else can add a lawyer joke here...
KF7GTI
ATP CFI-I

 

[iaincaradoc]

Licensed to practice in SD. might be an issue. His colleagues may refuse to assist him, if they're fighting local government, while being in bed with the competition. Maybe some one else can add a lawyer joke here...

To the best of my knowledge, he's qualified to address the federal laws and regulations - which do not differ by state.

 

[PhantomFandom]

address the federal laws and regulations - which do not differ by state.

True but a lawyer must be licensed to practice in the state where the suit is being filed.

 

[iaincaradoc]

True but a lawyer must be licensed to practice in the state where the suit is being filed.

There is a significant difference between getting an opinion and asking him to function as your attorney.

 

[Happy Hope]

I will try again THIS FOR USA

Thanks for that CYBORG, I don't suppose you also have the drone laws for Australia ? Our governing body is CASA... Thanks in advance.