Is it okay to launch and land adjacent a public road in the US, assuming it's otherwise safe to do so?
Legal to Launch & Land Near Road in US?
- Thread starter CadrePilot
- Start date
Yes it’s ok. Just remember that you can not fly continuously over moving vehicles
I'm under that same assumption and have searched for confirmation or a reference suggesting it's not okay, and have found neither.
This is from a recent flight (screen cap from larger photo):
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Unless it’s private property and there’s no airspace restrictions then you are ok
It's my understanding that the the ground near the public road is part of the road easement and thus also public property, not private. For example, as a homeowner I know that the city can do pretty much whatever they want in my yard from about 15 feet adjacent the street.
In the photo excerpt I posted above, the land on both sides of the roadway is private, but the road is public.
Some folks have suggested that it might be legal to fly from public roads in areas where drone takeoffs and landings are prohibited, such as national parks. Not so.
I suspect there are state and local laws governing what activities are permissible in the right-of-way that includes the road. There are for Interstate Highways.
Use common sense. Fly safely. I'd probably fly in that location you showed in the photo.
I suspect there are state and local laws governing what activities are permissible in the right-of-way that includes the road. There are for Interstate Highways.
Use common sense. Fly safely. I'd probably fly in that location you showed in the photo.
Well, they're certainly entitled to tell you that you can't fly drones while you're on their property. Just like I can post a sign prohibiting soy burger patties and light beer on my property.
In California on major roads and highways-You are limited to parking on the roadside ( as shown) to 1 hour. You cannot park beside the Freeway for any purpose other than an emergency. I have been to meteor Crater Nice area. I am surprised you didn't meet the Barringer Company Security when you flew. The whole area is private and they will send you down the road.
I made no attempt to argue they should allow me to fly on their property.
I did fly from what I believe to be public property along the roadside.
This is but one example.
What about launching from a public road in a neighborhood? If the HOA prohibits drones?
Or pretty much any public road adjacent private property, whether residential or commercial?
Nice area? Are you sure? ;-) It's pretty desolate.
I was there before they opened. Plenty of traffic going up to the gate, entering a code, and entering--employees I presume. One vehicle stopped and told me I couldn't fly my drone there. But they concluded by advising they'd told me, and that was all.
There was another vehicle parked just outside the gate and they got a drone out and flew a bit. As I was driving away, I noticed a vehicle parked right behind them. I kinda wondered if whoever spoke with me reported a drone outside the gate and since I was already packed up they went to the other vehicle.
As for, "The whole area is private and they will send you down the road." I get that the surrounding land is private. But it's a public road. Do they have any grounds to prohibit me from launching from the roadside?
Hmmm, starting to sound much like the UK drone auditors who post their widely controversial videos on YT while flying over private property from the public domain. Could it be we agree with this or disagree with this depending on who you are, what you are doing, and how you are doing it, and what are you motivations and did you get permission? Is that perhaps a reason why the YT auditors who park on the side of the street, stand on public property, and legally fly over businesses are roundly hated by the drone community because they are assumed to provoke conflict and seek to exploit "loopholes" in the law and thus, forcing the authorities to "change the law" in an attempt to block them?
Let me know when I need to start reposting the relevant YT videos, this is an "old" problem in the UK and eventually, it's going to come up here in the states if places don't stop restricting drones from city parks, county lakes, state forests, etc. I'm trying to go places where there are fewer people.....
You can't pitch a tent on the side of the road and crawl in for a nap. You cannot put up a table and have your lunch on that turn-out. You can't even get out and hold up a sign that says "I hate China". This isn't the city park or the public sidewalk and it's probably not allowed because reasonable restrictions based on time, place, and manner *might* apply. I do agree if there is no law covering this then perhaps you have a point but it seems to me it will depend on what is traditionally allowed. If that's a road in the middle of AK, should be fine. If that's a street corner is USA suburbia, should be fine. If that's the corner of 5th and Michigan Ave downtown Chicago....probably not. Unless there is a protest going on or you are the local news team. It depends. I guess I don't know the final answer to compare what you can get away it vs. what is legally allowed.
Let me know when I need to start reposting the relevant YT videos, this is an "old" problem in the UK and eventually, it's going to come up here in the states if places don't stop restricting drones from city parks, county lakes, state forests, etc. I'm trying to go places where there are fewer people.....
You can't pitch a tent on the side of the road and crawl in for a nap. You cannot put up a table and have your lunch on that turn-out. You can't even get out and hold up a sign that says "I hate China". This isn't the city park or the public sidewalk and it's probably not allowed because reasonable restrictions based on time, place, and manner *might* apply. I do agree if there is no law covering this then perhaps you have a point but it seems to me it will depend on what is traditionally allowed. If that's a road in the middle of AK, should be fine. If that's a street corner is USA suburbia, should be fine. If that's the corner of 5th and Michigan Ave downtown Chicago....probably not. Unless there is a protest going on or you are the local news team. It depends. I guess I don't know the final answer to compare what you can get away it vs. what is legally allowed.
I get your point and can see the connection.
I assure you I'm not out to poke the bear. It's just that there are sites that reasonably attract attention and might make for decent drone photo shoots. The crater was worth the time to shoot, but I'm now thinking the photos won't be too exciting. Here in Tennessee, near Clarksville, someone is building a castle. Of course, the castle is on private land but adjacent to public roads.
I know you aren't but I believe this needs to be settled and it should be clear by now whether it is legal or not. I believe it is legal in 99% of the time.
AMann
Well-Known Member
Actually, as long as you’re off the highway or roadway and not impeding traffic in unincorporated areas you can park for longer in CA (freeways are only for emergencies or having a disabled vehicle, but they can tow it after four hours). There are also specific rules in that law regarding parking too close to state Park entrances and things like that.
As for taking off and landing near roadways, I park and walk out away from the road because even driving a vehicle by a drone that’s landing or taking off can be risky if something happens with the drone and it veers into traffic, and it also becomes a distraction for drivers. Worse yet, drunk drivers tend to focus on vehicles ahead of them, even if they’re not moving. You also run the risk of having compass errors if there are underground signal wires, or other wires or pipes adjacent to a roadway. Its best to keep away from them and be in a non-magnetic interference environment.
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I've suggested exactly that and disagree with you. If you can legally launch then the airspace over wherever you are going is governed by the FAA. Pure and simple. Some airspace over a national park is in fact forbidden, such as (I'm pretty sure) the airspace over the Grand Canyon. The airspace over Denali National Park is not forbidden or wasn't last time I carefully checked. Alaska's Chugach State Park forbids drones so you cannot launch from within them but the airspace is not forbidden by the FAA so if you launch from the road you can do so legally and the park admin have confirmed that to me directly. If you do fly over a National Park you do run the risk of being charged with such things as harassing wildlife if you do such a thing and in order to fly over such an area you have to keep in mind the basic laws of 400' and visual line of sight so you aren't getting very far into any national park regardless.
No it's a guy wanting to fly his drone 4.5 miles over privately owned land to shoot a privately owned, commercial tourist attraction.
Instead of asking vague oblique questions here about whether it's legal to launch and land adjacent a public road in the US, he should have gone in the gate, paid his entry fee and talked to the operator about flying his drone there.
You never know if you don't ask Besides all they can do is give you a no. Probably a nicer one than if they were running up to you and yelling for you to land and get out. I think the OP just wanted a pic of the Area and I don't think they would attempt to fly over the crater from that vantage point. Although it is private and on Private land It is Still classified as " A natural National Landmark" By the Gov. A voluntary program that gives landowners who own property such as this some assistance and help from the National park service. Weather or not you can Fly there at all? That's a good question
I agree about the airspace above U.S. National Parks being available to drones. (See the last paragraph here.)
But all U.S. National Parks are closed to drone operations - launching, operating, and landing within the park. I was commenting that the roads inside National Parks are part of the parks and the same rules apply. Being on a road inside the park boundary doesn't get around the prohibition. State parks are a different matter and the regulations differ widely.
Here's a USPS article that describes the situation.
Unmanned Aircraft in the National Parks (U.S. National Park Service)
Information about unmanned aircraft (or drone) use in national parks.
www.nps.gov
Here's the full 13-page memorandum prohibiting drones. There are provisions for special use permits, but they're apparently extremely rare.
An excerpt:
"9. Does it matter where an unmanned aircraft is used for the required closures to apply?
Yes. The NPS has the authority to regulate or prohibit the use of unmanned aircraft from or on lands and waters administered by the NPS. As a result, the compendium closures required by the Policy Memorandum only apply to launching, landing, or operating unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of the park. The closures do not apply to launching, landing, or operating unmanned aircraft from or on non-federally (e.g., private or state)owned lands located within the exterior boundaries of the park. The closures do not apply to the flight of unmanned aircraft in the airspace above a park if the device is launched, landed, and operated from or on lands and waters that are not administered by the NPS."
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