Neighbor flying drone over my house

[Crumm72]

I live in Falls Township, Bucks County, Pa and I am having an issue with a guy flying his drone over my house. He lives approx 1000ft from my house. Always at night. My wife confronted him and asked his to stop because it’s kinda creepy. He got in her face and screamed at her. This is the 2nd time she has caught him. I’m never home when this happens. Police said there is nothing they can do. What are my options?? Please help

 

[PhantomPilotuk]

I live in Falls Township, Bucks County, Pa and I am having an issue with a guy flying his drone over my house. He lives approx 1000ft from my house. Always at night. My wife confronted him and asked his to stop because it’s kinda creepy. He got in her face and screamed at her. This is the 2nd time she has caught him. I’m never home when this happens. Police said there is nothing they can do. What are my options?? Please help

Ask him nicely? Technically hes not doing anything illegal..

 

[Crumm72]

My wife did and he screamed at her and got into her face. Flying it low enough to look in my windows. I live in one story house

 

[SkyDogII]

If he is flying it low enough to to look in the windows. That’s a privacy thing. I’d call the police again and tell them he is a peeping tom. Also, if it’s really that low and in your backyard, you have every right to take it out. Hit it with a broom or throw a towel over it.

 

[dirkclod]

How old is this guy ?

 

[zocalo]

I live in Falls Township, Bucks County, Pa and I am having an issue with a guy flying his drone over my house. He lives approx 1000ft from my house. Always at night. My wife confronted him and asked his to stop because it’s kinda creepy. He got in her face and screamed at her. This is the 2nd time she has caught him. I’m never home when this happens. Police said there is nothing they can do. What are my options?? Please help

Firstly, sorry to hear about your problem; it's people like your neighbour that are giving the responsible majority of us a bad name.

Night flying (if by "night" you mean after twilight) is prohibited under part 107 of the FAA regulations unless you have a waiver, and is now prohibited entirely for recreational flights. I'd try a friendly request first, just in case you have better luck than your wife, and be sure to mention Part 107 and waivers.

If that doesn't work, I'd suggest getting some proof of night-flying and the proximity to your windows (e.g. mobile phone video) and take that to your local police along with a copy of a guide to the FAA regs. like this one for recreational flights and this one for Part 107 flights. Be sure to point out the bits in the guides about night flying and that he's probably committing a federal offence, and also the potential "peeping tom" angle. If they still won't act, you could escalate to the FAA and/or look into getting a restraining order of some kind, but you'll need to talk to a lawyer on the latter point.

Good luck, and hope you get this resolved soon.

 

[Crumm72]

How old is this guy ?

In his 50s

 

[RayOZ]

A bright flashlight to shine on it while taking a video of it. Let him see you are taking a video, as proof he’s violating your privacy. You can bring that to the police.

 

[Crumm72]

Firstly, sorry to hear about your problem; it's people like your neighbour that are giving the responsible majority of us a bad name.

Night flying (if by "night" you mean after twilight) is prohibited under part 107 of the FAA regulations unless you have a waiver, and is now prohibited entirely for recreational flights. I'd try a friendly request first, just in case you have better luck than your wife, and be sure to mention Part 107 and waivers.

If that doesn't work, I'd suggest getting some proof of night-flying and the proximity to your windows (e.g. mobile phone video) and take that to your local police along with a copy of a guide to the FAA regs. like this one for recreational flights and this one for Part 107 flights. Be sure to point out the bits in the guides about night flying and that he's probably committing a federal offence, and also the potential "peeping tom" angle. If they still won't act, you could escalate to the FAA and/or look into getting a restraining order of some kind, but you'll need to talk to a lawyer on the latter point.

Good luck, and hope you get this resolved soon.

This really helps. Both times were when it was dark out. 1st time at midnight 2nd was 530pm last night

 

[rangemaster728]

A couple of things come to mind...

First - happy birthday.

Next - look at Pennsylvania Act 78 :

Pennsylvania’s New Drone Law and How It May Affect Your Municipality - Siana Bellwoar Attorneys At Law

On October 12, 2018, Governor Wolf signed into effect Act 78 which not only established criminal offenses for the unlawful use of a drone (“unmanned aircraft”), with noted exceptions, but also provided a preemption of local drone ordinances. Does your municipality have an already established...

sianalaw.com

Governor Wolf Signs Bill to Combat 'Peeping Tom' Drones

Governor Wolf signed legislation to protect the public by increasing the criminal penalties for using unmanned aircraft, often referred to as drones, to spy on or conduct surveillance of someone in a private place.

www.governor.pa.gov

Even if local law enforcement doesn’t know/care about FAA regulations they should be concerned with violations of state privacy laws.

 

[Starz]

Firstly, sorry to hear about your problem; it's people like your neighbour that are giving the responsible majority of us a bad name.

Night flying (if by "night" you mean after twilight) is prohibited under part 107 of the FAA regulations unless you have a waiver, and is now prohibited entirely for recreational flights. I'd try a friendly request first, just in case you have better luck than your wife, and be sure to mention Part 107 and waivers.

If that doesn't work, I'd suggest getting some proof of night-flying and the proximity to your windows (e.g. mobile phone video) and take that to your local police along with a copy of a guide to the FAA regs. like this one for recreational flights and this one for Part 107 flights. Be sure to point out the bits in the guides about night flying and that he's probably committing a federal offence, and also the potential "peeping tom" angle. If they still won't act, you could escalate to the FAA and/or look into getting a restraining order of some kind, but you'll need to talk to a lawyer on the latter point.

Good luck, and hope you get this resolved soon.

did I miss something?
when did the night flying for recreational pilots become illegal?
very possible I’m not tuned in. Link?

 

[Thomas B]

A couple of things come to mind...

First - happy birthday.

Next - look at Pennsylvania Act 78 :

Pennsylvania’s New Drone Law and How It May Affect Your Municipality - Siana Bellwoar Attorneys At Law

On October 12, 2018, Governor Wolf signed into effect Act 78 which not only established criminal offenses for the unlawful use of a drone (“unmanned aircraft”), with noted exceptions, but also provided a preemption of local drone ordinances. Does your municipality have an already established...

sianalaw.com

Governor Wolf Signs Bill to Combat 'Peeping Tom' Drones

Governor Wolf signed legislation to protect the public by increasing the criminal penalties for using unmanned aircraft, often referred to as drones, to spy on or conduct surveillance of someone in a private place.

www.governor.pa.gov

Even if local law enforcement doesn’t know/care about FAA regulations they should be concerned with violations of state privacy laws.

Glad to see another state stepping up to eliminate/stop proliferation of county, local, and HOA morass of drone laws that conflict with FAA regs. LEOs have more important things to do than police invalid “laws”.

 

[carlos31820]

did I miss something?
when did the night flying for recreational pilots become illegal?
very possible I’m not tuned in. Link?

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

I don't see anything on the FAA website stating that night flying is now prohibited for recreational pilots.

 

[rangemaster728]

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

I don't see anything on the FAA website stating that night flying is now prohibited for recreational pilots.

That’s my read as well...they are bound by CBO (community-based organization, like the AMA) guidelines, which indicate adequate lights on the aircraft so the pilot can see position and orientation...

 

[Starz]

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

I don't see anything on the FAA website stating that night flying is now prohibited for recreational pilots.

Because it’s not there.
Another example of a forum member providing incorrect information to an unfortunate homeowner looking for help.

 

[rangemaster728]

I do find it interesting - and refreshing - that this homeowner apparently joined this forum and posted specifically to get input and guidance from a collective of sUAS pilots.

Many would not think of that...

 

[zocalo]

did I miss something?
when did the night flying for recreational pilots become illegal?
very possible I’m not tuned in. Link?

I linked to a sample summary that states this in my post - Airmap is supposedly pretty reliable on these things, but it's always possible they have it wrong given the FAA's ongoing piecemeal introduction of new requirements and various discussions of potential future requirements. Having dug a little deeper, I think that Airmap may have actually jumped the gun on something that isn't implemented yet:

Per the FAA's page for recreational fliers, in the "Changes coming in the future" section at the bottom:

"More detailed information about the FAA's plan to fully implement the requirements of Section 349 of the FAA Reauthorization Act of 2018 may be found on the Federal Register."

Per the linked Federal Register:

"Operators of small unmanned aircraft (also referred to as drones) for recreational purposes must follow the rules in 14 CFR part 107 for FAA certification and operating authority unless they follow the conditions of the Exception for Limited Recreational Operations of Unmanned Aircraft, discussed in this notice. The FAA refers to individuals operating under that statutory exception as “recreational flyers.”"

I read that as recreational fliers will eventually have to comply with Part 107 (which prohibits night flying without a waiver), unless they have a recreational waiver, which can be found here (PDF).

As always, if there's any doubt, it's probably confirm via email or a phone call with the authoratative source - the FAA in this case.

 

[rangemaster728]

I linked to a sample summary that states this in my post - Airmap is supposedly pretty reliable on these things, but it's always possible they have it wrong given the FAA's ongoing piecemeal introduction of new requirements and various discussions of potential future requirements. Having dug a little deeper, I think that Airmap may have actually jumped the gun on something that isn't implemented yet:

Per the FAA's page for recreational fliers, in the "Changes coming in the future" section at the bottom:

"More detailed information about the FAA's plan to fully implement the requirements of Section 349 of the FAA Reauthorization Act of 2018 may be found on the Federal Register."

Per the linked Federal Register:

"Operators of small unmanned aircraft (also referred to as drones) for recreational purposes must follow the rules in 14 CFR part 107 for FAA certification and operating authority unless they follow the conditions of the Exception for Limited Recreational Operations of Unmanned Aircraft, discussed in this notice. The FAA refers to individuals operating under that statutory exception as “recreational flyers.”"

I read that as recreational fliers will eventually have to comply with Part 107 (which prohibits night flying without a waiver), unless they have a recreational waiver, which can be found here (PDF).

As always, if there's any doubt, it's probably confirm via email or a phone call with the authoratative source - the FAA in this case.

Understood...the path forward the FAA is taking can be tedious to decipher.

That being said - the OP (homeowner) will likely not be able to educate local law enforcement on FAA regulations...but CAN point to current PA law as I stated in a previous post(#10).

That may be the most expeditious way to get a resolution to his concerns as it gives the police a specific state law to enforce.

 

[Crumm72]

I have no issues with the drones themselves BUT I’m 1000ft from this guy. No need to fly it over peoples houses and into their backyards. Fly it at a park or in your own yard. My wife and kids are now freaked out due to this.

 

[rangemaster728]

The specific law on the PA website is here:

2018 Act 78

www.legis.state.pa.us

It’s part of the Criminal code for PA...and under Title 18 Section 3505(a)(1) or (2) it’s a summary offense punishable by a fine of $300.