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mAss state regs about flying locations

qwerty53

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MA has bunch or rules about inability to fly over DCR managed properties (including waterways), private property.......
How is this possible? I thought FAA was the only authority to regulate airspace. (I am not talking about take off and landing).
Can you help a newbie here?

"Federal statutes give the FAA comprehensive and exclusive authority to regulate aviation safety and the efficient use of the airspace, and the FAA has issued a complex set of regulations in these areas. States may not regulate in those fields."

 
MA has bunch or rules about inability to fly over DCR managed properties (including waterways), private property.......
How is this possible? I thought FAA was the only authority to regulate airspace. (I am not talking about take off and landing).
Can you help a newbie here?

"Federal statutes give the FAA comprehensive and exclusive authority to regulate aviation safety and the efficient use of the airspace, and the FAA has issued a complex set of regulations in these areas. States may not regulate in those fields."

Others will have a different response to your question but my general answer is whenever the federal government is asleep at the wheel or looking the other way, states and other law makers will step in and make their own laws or rules and regulations. It's like this with anything whether we are talking about drones or not. The only way to stop them is to take them to court and you better believe it won't be the FAA to take them court because they could care less. It's up to the drone community.

Here's an example:

 
Others will have a different response to your question but my general answer is whenever the federal government is asleep at the wheel or looking the other way, states and other law makers will step in and make their own laws or rules and regulations. It's like this with anything whether we are talking about drones or not. The only way to stop them is to take them to court and you better believe it won't be the FAA to take them court because they could care less. It's up to the drone community.

Here's an example:

Thanks. So short answer I need to comply with the local tyrants because their blue "I am just doing my job" will arrest me. Correct?

Seems like the the drone community in MA is as [REMOVED BY MODERATOR] up as some other infringed communities that prefer Vaseline over standing up for their rights.
Is there MA drone organization?
 
Last edited by a moderator:
Thanks. So short answer I need to comply with the local tyrants because their blue "I am just doing my job" will arrest me. Correct?

Seems like the the drone community in MA is as f...d up as some other infringed communities that prefer Vaseline over standing up for their rights.
Is there MA drone organization?
We need more local and national organizations to speak up for us if only to keep legislators informed. A fair about of public education also goes a long way to bring legitimacy to the cause. Unfortunately you have to comply with state and local laws even if they aren't on the up and up unless you want to become an activist and start pushing the envelope; however, expect little or no support should you choose to go that route.
 
We need more local and national organizations to speak up for us if only to keep legislators informed. A fair about of public education also goes a long way to bring legitimacy to the cause. Unfortunately you have to comply with state and local laws even if they aren't on the up and up unless you want to become an activist and start pushing the envelope; however, expect little or no support should you choose to go that route.
Thank you very much for your honest answers. As Thomas Jefferson used to say: "the government you elect is the government you deserve
 
Do you have any links to those state regs? My son and d-i-l live in MA, so I visit there often. I've never seen any, but I don't fly there that much.

Any links would be appreciated, and I can take a look and see how we could fight them.
 
That was interesting reading. It doesn't seem too different from the usual regs we have here in Canada. No lingering over private property or people. No flying over infrastructure - that would include trains, ports, power stations and municipal water plants, etc. And no flying over city owned buildings like city hall, court houses and the like.
No flying in conservation areas or parks.

Many of these places we do fly here, but with permission - either after hours or on quiet days for example. I've done surveying at local conservation areas and provincial parks with permission from the superintendents especially when off season or when restoration efforts are ongoing and there are no patrons around.

I see there's a local drone Facebook group that might be a good idea to join and see where they fly and how they do it.
 
I'm not really sure what you're going on about. I've never had an issue flying in Massachusetts and never seen the regulations that you posted.
 
I'm not really sure what you're going on about. I've never had an issue flying in Massachusetts and never seen the regulations that you posted.
I was answering qwerty53 after reading the link he posted for Vic Moss. All in a response to his thread saying he had difficulty flying anywhere in Mass. Why not ask him?
 
That was interesting reading. It doesn't seem too different from the usual regs we have here in Canada. No lingering over private property or people. No flying over infrastructure - that would include trains, ports, power stations and municipal water plants, etc. And no flying over city owned buildings like city hall, court houses and the like.
No flying in conservation areas or parks.

Many of these places we do fly here, but with permission - either after hours or on quiet days for example. I've done surveying at local conservation areas and provincial parks with permission from the superintendents especially when off season or when restoration efforts are ongoing and there are no patrons around.

I see there's a local drone Facebook group that might be a good idea to join and see where they fly and how they do it.
Haha go try asking a question in that group. They will delete it immediately. People are just posting their photos that no one wants to see
 
I try to check the state & local drone laws prior to flying somewhere new to me. Sometimes, though, I realize that those state & local laws conflict with FAA authorities. My attitude is that the FAA laws frequently are the overriding law and that it will be up to the local authority to attempt to impose their regulations - and most law enforcement authorities are already stretched thin, so enforcement discretion *might* apply. Basically, if it's above ground level, then it's FAA territory (and, I'm not an attorney, so my thoughts are my thoughts).

However, I choose not to force the issue by flying over prisons/corrections facilities because I have nothing to gain.

Parks - state, Federal and local - are fair game as long as I don't launch/land/operate on those properties if the authority says launch/land/operate is prohibited (NPS properties and many state parks fall into this category, along with US-designated wilderness areas). I'll try to find a nearby public highway that's not within the boundaries of the park to launch/land/operate to get above that park. I also do not harass wildlife. Frequently though, the nearest legal place to launch a drone is BVLOS of anything that's worth photographing, so I don't. I also try to be respectful of Tribal sites that have spiritual value.

There was recently a thread about how the University of Michigan believes that it can prevent drones from flying overhead its campus - which I believe conflicts with the FAA authorities.

Someday, though, I expect the FAA to clamp down on where/how drones can fly as the number of drones increase and the number of nuisance drone operators increase. There's a great Supreme Court case that I feel defines some of the current limits on where/how we fly and those limits will be relitigated by someone, someday and redrawn.

That's my $0.02 worth...
 
Others will have a different response to your question but my general answer is whenever the federal government is asleep at the wheel or looking the other way, states and other law makers will step in and make their own laws or rules and regulations. It's like this with anything whether we are talking about drones or not. The only way to stop them is to take them to court and you better believe it won't be the FAA to take them court because they could care less. It's up to the drone community.

Here's an example:

I agree 100% with what you are saying, however... while they may not have control over the air space, they can control their land. That would mean, for example in the case of a park, you may have the right to fly but not the right to bring the drone into the park or take off/land on their property. And as you say, in order to prove to them they can't control the air will most likely involve a court decision.
 
@qwerty53 I have been flying commercially in MA for 10 years. Feel free to PM me if you have any questions about flying at a specific site. If I don't have the answer, I can always reach out to someone smarter than me like "Who is Vic Moss". John FAASTeam Drone Pro MA region.
 
@qwerty53 I have been flying commercially in MA for 10 years. Feel free to PM me if you have any questions about flying at a specific site. If I don't have the answer, I can always reach out to someone smarter than me like "Who is Vic Moss". John FAASTeam Drone Pro MA region.
Pmed. Much obliged!
 
Others will have a different response to your question but my general answer is whenever the federal government is asleep at the wheel or looking the other way, states and other law makers will step in and make their own laws or rules and regulations. It's like this with anything whether we are talking about drones or not. The only way to stop them is to take them to court and you better believe it won't be the FAA to take them court because they could care less. It's up to the drone community.

Here's an example:

Non-drone content removed.
 
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