Flying in North Carolina

[Mavic Medic]

Has anybody heard or know of any legal challenges to the N.C. DOT regulations on drones. We know N.C. cannot regulate the airspace. And localities and the state can regulate where you take off and land. But I’m wondering how N.C. is able to require a permit to operate commercially in N.C. as far as the state property is concerned, does the regulation allow for take off and landing on state owned property that are public use like roads, sidewalks, And such?

 

[BigAl07]

Let's break this down just a bit....

Has anybody heard or know of any legal challenges to the N.C. DOT regulations on drones. We know N.C. cannot regulate the airspace.

NC is not regulating Airspace and in fact the FAA commended NC DOT for their forward thinking and said that their actions were right in line with what is allowed. This "emulating" FAA rules allows local entities to know what's happening and ENFORCE the rules locally. They aren't over stepping or "pre-empting" rather they are mirroring them to allow local actions.

And localities and the state can regulate where you take off and land. But I’m wondering how N.C. is able to require a permit to operate commercially in N.C.

Of course a local entity CAN control what happens on the ground. It's called Land Use Laws and are perfectly legal. They can deny you "flying" from their property they just can deny you from flying OVER their property if you're not standing on their property. Big difference there.

as far as the state property is concerned, does the regulation allow for take off and landing on state owned property that are public use like roads, sidewalks, And such?

That portion you'll have to look into for each and every place you're wanting to fly. If they restrict actions on "owned/controlled" property then I would image sUAS operations (launching and landing) would fall under it as well.

 

[Mavic Medic]

Thanks BigAl07! I appreciate your response. I do understand your reply. I will continue my research on the matter. I live in VA but almost on the border. I am thinking it would be a good idea to comply with NC regulations and get the permit. I am finding NC is more restrictive with law language. For example the surveillance law privacy law. VA has similar but in the language VA states the person or property owner has to provide a notice to the operator before criminal action can begin. I don’t see that in NC. The specific language in NC law on confiscation of drone is concerning as well.

I’m all for the rules, I’m all for privacy, I get it. But I can see the potential for abuse and over reach by local governments and law enforcement. Although, I’m not finding much in my research. I applaud NC for at least making the rules clear. It’s nice to know the FAA approves. But we all know when it comes to the courts its all up to a judges interpretation and precedent.

It would be nice to see something in NC regs for DOT permit holders to be essentially given permission to use state lands unless specifically prohibited. State right of ways. Cause by reading the letter of the law take off and landing from a state roadside would be illegal unless you had permission from the state. Would having the permit be essentially having permission? Im not seeing anything requiring written permission on your person like n hunting. So I’m thinking just to be safe make sure to have something the customer signs giving permission and to make sure that customer has the rights to give you permission.

I know I’m probably being overly cautious but I would rather not find out the hard way on these things. Thanks for help!

 

[JAW]

Right now, NC law specifically exempts recreational pilots from licensing and test requirements. However, once the FAA knowledge test is up and running, I see the NC law changing with regard to a knowledge test for recreational operators.

While current NC law requires a State administered test for commercial operators, there is also a provision that allows the State to waive this requirement if, for instance, if you hold an FAA part 107 license :

[establish] Criteria under which the Division may waive permitting requirements for applicants currently holding a valid license or permit to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States.

I also see the FAA "delegating" some of its airspace control to local governments, particularly as it pertains to low level drone operation..

 

[naiku]

In NC currently, called the regional airport yesterday and the guy I spoke with was very pleasant. Told me not to go crazy and I was fine to fly.

I was worried before calling it would be difficult, was the exact opposite.

 

[BigAl07]

In NC currently, called the regional airport yesterday and the guy I spoke with was very pleasant. Told me not to go crazy and I was fine to fly.

I was worried before calling it would be difficult, was the exact opposite.

Depending on the airspace you're in determines if you can fly. I would guess you're flying in Class G (Good to GO) since they gave you the OK!!

Since May 17th, 2019 we don't call the airport. I'm pleasantly surprised the guy was very pleasant after this new change in rules etc. This link will help give everyone an idea of the new rules as of 5/17/2019

Overview of current hobbyist FAA rules (updated 7/23/19)

As of 5/17/19, here's a complete list of rules hobbyists must follow when flying outdoors in the US: Register your drone with the FAA Mark your registration number on the exterior of the drone (decals available here) Fly a drone under 55 lbs Fly only for hobby or recreation Follow the safety...

mavicpilots.com

 

[croatanfilms]

I fly commercially in NC as well and in almost 2 years of flying the only problem I’ve encountered is at one of the state parks in Swansboro. They did tell me though exactly what’s been discussed in this thread, as long as I launch and land off of state property it’s a non-issue (they also mentioned that I’m free to retrieve my drone if the unexpected happens). I always check the Aloft app to make sure I don’t need to coordinate airspace and I typically take out hourly liability insurance with the SkyWatch app. I have a good relationship with the surrounding military airbases and municipal airport and obtained a COA to fly in military controlled airspace with coordination (since half my town is blanketed by that and I do a lot of real estate work)