Is it legal to fly over vessels in open sea?

[Dale D]

Yes- your are probably right- I couldn't reverse fast enough and I should really have been in following mode instead of trying to follow the boat manually. Next time, I will definitely go into the automated flight mode/trace to do this. Like my ski teacher once said, "it is all a matter of mileage."

 

[deleted member 877]

the rules ask you to maintain clearance from objects where you don't have any control over people who may be there,

Did you just want to inform us of that or do you have a point?

 

[tmtwomey]

CURIOUS as to where you live, I've cruised out of Florida many times and civilian boats are all around us very close to the Cruise ship.

Portland, Maine. When cruise ships are docked in the harbor, there is a 100 yd security zone that surrounds the two cruise ship piers. I just checked and the zone is a Port of Portland regulation, not Homeland Security as I had throught.

As cruise ships enter and leave there are usually small boats fairly close to the them. The Coast Guard escorts started after 9/11, but I think now their purpose is mostly to keep boaters from cutting in front of these ships. People will do some crazy stuff

As far as drones go, I plan to film ships this summer as they enter and leave the harbor, but I will keep at least 100' away horizontally with no over flights. We have an entrance to the harbor where the ships have to go close by a lighthouse. Should make for some nice videos.

 

[TampaTC]

I live over in the States in FL and but the port of Tampa where all the cruize ships come in and out of so I called the local port authority today to make sure I would not get in any trouble if I flew my Mavic Pro over and around a commercial ship that will be leaving Port. I was VERY surprised when they told me that I cannot do this without the express, written consent of the owner of the ship and the captain. They told me that it is a homeland security issue and communications issue. He said that the Port Authority wanted to do this last year, but were told they could not. Can anyone provide me with PROOF one way or another? I would like to think the guy is misinformed, but I am not willing to take the chance and have Homeland Security tackle me!

That is true. Port Tampa has items that are designated security sensitive (tanks that contain a verity of chemicals that could catch fire if sparked inadvertently. Like what had happen in Texas this past week) you also have Peter O Knight airport in this area. Then 4nm away is Mac Dill AFB which most of Tampa Bay is in their area of operation. All that said you can still fly with a waiver and flight plan but you would be known that tou where the pilot flying over people.

 

[Big Jon]

Cruise ships frequent the harbor where I live. Homeland security defines a security zone around these ships where recreational boats are not allowed. Also, Coast Guard vessels often escort these ships in and out of the harbor. If they don't want boats around these ships, I doubt they want drones flying near them.

Same here. I work in our port (Los Angeles) and there is often civilian vessels being hailed by port police or coasties because they’ve gotten too close to either a cruise or container ship. It’s a no no for sure. Agreed for drones, they would perceive a threat. Everything down here has changed in the wake of 9/11 regarding security boundaries.

 

[FormerMember07122019_2]

Here is my only experience flying near boats- in this case, the Miami River. At all times I was in visual sight of the drone . It's a 2 min clip which starts out with Florida Everglades (NOT in the national park but across the road). I'd be interested in anyone's comments on whether or not they think this might be legal or illegal. I never flew over cars although an expresssway is visible, and I never flew directly over any boats. At most times I was about 75-100 feet from the boat. Also, same question...legal or not? Am just trying to learn my responsibilities.

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IMHO your flight seems legit.

 

[FoxhallGH]

Did you just want to inform us of that or do you have a point?

There is a point to this ... Earlier you mentioned that the overfly rule only applied if there were people out on the deck of the ship. UK rules talk about having control of the ground-space that you are over-flying. In other words, If you have the ability and authority to tell the personnel on the ship not to come out on deck while you are flying - then you have control and can carry out the over-flight ... Otherwise, if they are free to come on deck or not as their work/will dictates - you don't have control and are not allowed to do it.
You'd then get into discussions about whether a ship is considered to be like a house (50 metre clearance), or considered to be a 'congested area' (150 metre clearance).

 

[FLPilotshark]

AirMap says you would be in Controlled Airspace, Class D. It is also fairly close to an airport.

You're correct, TPA is less than 5 miles away according to my AIRMAP as well. @Shon, where do you live at mate?

 

[JSKCKNIT]

I live over in the States in FL and but the port of Tampa where all the cruize ships come in and out of so I called the local port authority today to make sure I would not get in any trouble if I flew my Mavic Pro over and around a commercial ship that will be leaving Port. I was VERY surprised when they told me that I cannot do this without the express, written consent of the owner of the ship and the captain. They told me that it is a homeland security issue and communications issue. He said that the Port Authority wanted to do this last year, but were told they could not. Can anyone provide me with PROOF one way or another? I would like to think the guy is misinformed, but I am not willing to take the chance and have Homeland Security tackle me!

Did this really happen? Not to bust your [emoji3040][emoji461]️, but your post is nearly word for word identical to this 2015 posting in the Phantom Pilot's Forum.

Flying over a commercial ship leaving Port? Legal or not in US?

I called the local port authority today to make sure I would not get in any trouble if I flew my Phantom 2 Vision over and around a commercial ship that will be leaving Port. I was VERY surprised when they told me that I cannot do this without the express, written consent of the owner of the...

phantompilots.com

 

[JSKCKNIT]

Interesting article that may answer several posts here:

FAA restricts drones near DOD and USCG ships, subs - GPS World

FAA issued drone flight restrictions for drones near U.S. Navy and U.S. Coast Guard vessels operating near Naval Base Kitsap and Naval Submarine Base Kings Bay.

www.gpsworld.com

I realize the article mentions ships and submarines by those two bases only, but I believe it applies to any USCG vessel or USN ship. So if a cruise ship or cargo vessel is being escorted by the Coast Guard, 3000' lateral, 1000' vertical rule will apply.

Personally, I'd email the FAA and ask them specifically. [email protected]

 

[FLPilotshark]

IMHO your flight seems legit.

@Camino Ken - I am Bron and raised in FL! YOU CANT FLY YOUR drone over the FL, Everglades b/c it is an American national park! Everglades is the third-largest national park in the contiguous United States after Death Valley and Yellowstone.
Sorry but the last time I check with the FAA you're not allowed to fly over ANY National parks or protected Suprised the FAA has paid you a visit OR contacted you.


Please Read below:
There is absolutely NO place in the Everglades where you can legally fly a drone. If you get caught flying in The Everglades National Park you will learn a very expensive lesson my friend and that's a fact!
If I made that video i would take down as fast as possible! Hopefully, you don't get paid a visit by you know who!

 

[FormerMember07122019_2]

@Camino Ken - I am Bron and raised in FL! YOU CANT FLY YOUR drone over the FL, Everglades b/c it is an American national park! Everglades is the third-largest national park in the contiguous United States after Death Valley and Yellowstone.
Sorry but the last time I check with the FAA you're not allowed to fly over ANY National parks or protected Suprised the FAA has paid you a visit OR contacted you.


Please Read below:
There is absolutely NO place in the Everglades where you can legally fly a drone. If you get caught flying in The Everglades National Park you will learn a very expensive lesson my friend and that's a fact!
If I made that video i would take down as fast as possible! Hopefully, you don't get paid a visit by you know who!

The op said he was not in the National Park so it seems legit.

 

[TheWolfen]

@Camino Ken - I am Bron and raised in FL! YOU CANT FLY YOUR drone over the FL, Everglades b/c it is an American national park! Everglades is the third-largest national park in the contiguous United States after Death Valley and Yellowstone.
Sorry but the last time I check with the FAA you're not allowed to fly over ANY National parks or protected Suprised the FAA has paid you a visit OR contacted you.


Please Read below:
There is absolutely NO place in the Everglades where you can legally fly a drone. If you get caught flying in The Everglades National Park you will learn a very expensive lesson my friend and that's a fact!
If I made that video i would take down as fast as possible! Hopefully, you don't get paid a visit by you know who!

Just FYI... Flying over a national park is actually legal. The National Park Service has no more authority to regulate US airspace than anyone else other than the FAA. What is not legal is taking off, landing or controlling a drone from inside a national park. It might seem like a pointless distinction, given the size of most parks (including the one mentioned), but there are some places where it helps.

 

[FLPilotshark]

crystal-pete , TheWolfen, TheWolfen, JSKCKNIT, FoxhallGH, Camino Ken, @Big Jon, tmtwomey, mimi22

OK, Drone Operators & Airmen, moving forward - PER FAA, the correct answer for your question - Is it legal to fly over vessels in the open sea?

Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
If you're in the territorial waters of the U.S (within 12 miles from the shore) you are within the U.S. National Airspace System (NAS) and therefore, regulated by the FAA. Part 107 applies and you may not fly over the ship. You may fly near the vessel, but in no manner that would interfere with its operation. If you are outside the territorial waters of the U.S. you are not in the NAS and therefore, not regulated by the FAA. (Keep in mind...cruise ships operating under a national flag may be governed by host country regulations.

Additional information is also available at Unmanned Aircraft Systems (UAS).

Safety requirements and guidelines issued by the FAA for recreational pilots include:

• Fly at or below 400 feet
• Keep your UAS within sight
• Never fly near other aircraft, especially near airports
• Never fly over groups of people
• Never fly over stadiums or sports events
• Never fly near emergency response efforts such as fires
• Never fly under the influence
• Be aware of airspace requirements

 

[Creative.Jeff]

Lets say its in open sea, docking out there, and I am not flying in an NFZ.

Keep in mind regardless if it’s open sea law new restrictions specifically prohibit drone flights in airspace within a stand-off distance of 3,000 feet MSL laterally and 1,000 feet MSL above any U.S. Navy vessel.

Source: CFR 14 § 99.7
https://www.faa.gov/newsroom/faa-establishes-restrictions-drone-operations-near-us-navy-vessels