NC Drone Law - Launch & Recovery

[jtarkington]

North Carolina unfortunately has some pretty stiff drone regulations / laws.

Just wanted to reach out to others on the forum who may live in NC to get their thoughts on the launch & recovery clause:

"15A-300.2.

Regulation of launch and recovery sites.

(a) No unmanned aircraft system may be launched or recovered from any State or private property without consent.

(b) A unit of local government may adopt an ordinance to regulate the use of the local government's property for the launch or
recovery of unmanned aircraft systems."

Reference (a), does this mean that I can not take off from a public street / state road? Probably need to contact an attorney but that's how it appears to to me.

Do you guys that live in other states have to deal with such a law?

 

[sar104]

@BigAl07

 

[BigAl07]

While this has not gone to court yet to see how it will stand up, the "intent" of this is to protect "sensitive" property. By sensitive we're talking about things like Court Houses, Public Safety, etc etc.

While it could be taken as "you can't launch/recover from any state property" I've flown from one end of NC to the other (literally state line to Atlantic Ocean) and have yet to have a problem on anything but "sensitive" property. I've flown from state, county and Federal property with no issues but I don't fly from/near areas that are obviously "sensitive". If that makes any sense LOL.

With that being said, if someone has a problem with you or your flying a drone and you're on "State Property" and Law Enforcement is called, you could be cited on the spot.

It's important to note that NC also just had to take the extra step and state that "lower govt can make land use rules" too. That's always been the case but someone wanted to add more FLUFF to the state version (probably getting paid by the word LOL).

NC is a great and fun place to fly. Fly safe, fly smart, and don't fly from the Blue Ridge Parkway

 

[BigAl07]

PS: I'm not an attorney and I did NOT stay at a Holiday Inn Express last night... I just fly drones a lot

 

[Paulino velez]

Have you travel puerto rico to fly your drone, is it legal and problem with TSA at AP?

 

[2nckayakers]

I have flow all over NC as well. I work in State Government so I have been able to launch and recover from a lot of places with consent. Like BigA said though I wouldn't worry too much about right of ways or roads unless you are confronted by someone and the police is called, or you are impeding traffic in what you are doing. One huge exception though, don't take off or recover from any State right of way anywhere near Pilot Mountain. That is one place that they WILL prosecute you if you get caught.

 

[Chip]

North Carolina unfortunately has some pretty stiff drone regulations / laws.

Just wanted to reach out to others on the forum who may live in NC to get their thoughts on the launch & recovery clause:

"15A-300.2.

Regulation of launch and recovery sites.

(a) No unmanned aircraft system may be launched or recovered from any State or private property without consent.

(b) A unit of local government may adopt an ordinance to regulate the use of the local government's property for the launch or
recovery of unmanned aircraft systems."

Reference (a), does this mean that I can not take off from a public street / state road? Probably need to contact an attorney but that's how it appears to to me.

Do you guys that live in other states have to deal with such a law?

Yes, you are right. NC has some of the toughest drone laws in the country by far. Those laws say you cannot land or take off from public or private property without consent. Does that not expressly cover every square inch of land in the state? Those words are not vague or ambiguous so arguing that the legislature actually intended only to protect "sensitive areas" is a big stretch. A court of law is not supposed to try and figure out legislative intent when the language of the statute is itself clear and unambiguous.

NC law also prohibits taking pictures or conducting "surveillance" by drone without permission btw which is a whole other can of worms.

https://connect.ncdot.gov/resources/Aviation Resources Documents/UAS_Memo.pdf

 

[STUFF2C]

Simple enough... hand lauch and retrieve

 

[DanMan32]

Somehow I don't think that workaround would fly.... Or land.

 

[Chip]

One option is to fly the drone anyway and if you get caught then challenge the law because it appears to conflict with and is likely preempted by federal law governing aircraft and navigable airspace. But, remember what happened to our colleague in Michigan in a similar situation? Arrested, handcuffed and tossed into police car even though he was polite, cooperative and 100% correct on the law which the city later admitted by dropping all charges.

 

[Chip]

When our colleague was arrested in Michigan for flying a drone in a city park in violation of local regulation he was actually in a much stronger position than anyone flying in similar circumstances in NC because Michigan state law expressly prohibited local governments from enacting drone laws. In other words, he could easily prove that the local law violated state law so that was the end of the discussion. Not so in NC.

 

[Chip]

In NC, you have the exact opposite. The state legislature passed a law expressly empowering every unit of local government to adopt their own drone ordinances as well. Bigal, you say its a legislator just adding "more FLUFF" to the statute. I am far more cynical. Id say it was intended to screw non governmental drone operators in as many different ways as possible.

 

[DanMan32]

Also, in both cases it was an issue of takeoff and landing. That's not preemped by federal law.

 

[Chip]

Also, in both cases it was an issue of takeoff and landing. That's not preemped by federal law.

If there is no way to argue state or federal preemption, then operator is in a box.

 

[Test pilot]

In North Florida I am not aware of any ,rules ,regulations or laws that have been made public knowledge as of yet. That does not mean of course that there is a new policy and in fact in a certain area that has not been made known to the public or drone pilots. I guess that means take your chances . GOOD LUCK!!

Test pilot,,, out!

 

[sar104]

If there is no way to argue state or federal preemption, then operator is in a box.

If the issue is local regulation of where you can take off or land then that does not conflict at all with federal law. Just like local authorities can restrict where you can take off or land your helicopter, they can do the same for sUAS operations.

 

[Cflaque]

Hello,
The week of June 15 I will go to Clayton NC for work and I wanted to take advantage of that I will have 2 days of rest, to take the Drone and make a flight. I'm from Barcelona Spain. Do you think I can fly without problem? Recreationally. I know I can not go to Pilot Mountain.
Thank you.

 

[jtarkington]

Assume you mean July 15th? Have no issues flaying around Clayton or anywhere so far in NC, just observe the restricted areas and national / state parks, you can use an app such as AirMap to check the area you're going to be flying in for airports and other restricted spaces.

Be going to Barcelona end of Jan 2020, what are restrictions like there?

Thanks!

 

[Cflaque]

In the end I will not take the drone because I do not have free time to fly.
Thank you very much to all for the tips.

In Spain today the legislation is very strict ... Flying in legal BCN, whether recreational or professional is impossible.
But it seems that Europe is beginning to take out the law for drones and maybe by 2020 it is already different. But today flying in Spain is horrible ... we have laws as if we were a plane or helicopter.
Thank you.