NJ Bill # 3370

[CornerGuy]

Introduced in 6/2017, sponsored by Senators Paul A. Sarlo and Jim Whelan.
In a nutshell this bill prevents local governing bodies from adopting it’s own rules on drone operations.
Anybody know if this bill was actually signed into law?
Thanks All, Happy Flying

 

[msinger]

Introduced in 6/2017, sponsored by Senators Paul A. Sarlo and Jim Whelan.
In a nutshell this bill prevents local governing bodies from adopting it’s own rules on drone operations.

Is that even possible? According to this press release from the FAA:

"Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace."

 

[CornerGuy]

Is that even possible? According to this press release from the FAA:

"Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace."

Well, hasn’t stoped town I live in from implanting it’s own regulations.

 

[msinger]

What kind of regulations have they implemented?

 

[CornerGuy]

Sayreville NJ has an ordinance prohibiting model aircraft in parks. Now I’d never go flying over a park full of people, thinking more of there is large recreation/ soccer fields that is totally empty of people during school hours. Guess it would be considered a park and therefore I’d be in violation of local ordinance.

 

[msinger]

Do you mean prohibiting people from taking off in parks or from flying over parks? They certainly have the power to prevent people from taking off in parks.

 

[deleted member 877]

What kind of regulations have they implemented?

Local authorities are able to regulate where aircraft are permitted to land:-

"Cities and municipalities are not permitted to have their own rules or regulations governing the operation of aircraft.
However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers."

I suppose if they wanted to be really draconian they could potentially ban drones from landing anywhere within their boundaries.

 

[msinger]

I suppose if they wanted to be really draconian they could potentially ban drones from landing anywhere within their boundaries.

I think so. That would likely be a nightmare for them to attempt to enforce though.

 

[deleted member 877]

I think so. That would likely be a nightmare for them to attempt to enforce though.

It might actually simplify matters. In that situation, the LEOs wouldn't have the hassle of checking a list of prohibited locations before handing out citations. The same would apply not so far into the future when drone detection and identification systems are widespread.

Of course, in any case, it will all be automated whereby the system detects your drone flying in a prohibited area and then automatically emails the citation to you. The authorities are going to love this new and potentially lucrative source of revenue - LOL.

 

[msinger]

It might actually simplify matters. In that situation, the LEOs wouldn't have the hassle of checking a list of prohibited locations before handing out citations.

Sure, it would simply things as long as all LEOs know who owns all of the land and exactly where the properly lines lay. I don't think that is a reasonable thing to expect someone to know. And prohibiting all locations wouldn't really be the type of thing that would ever happen in the US, so it's likely all a pipe dream.

 

[tleedom]

Being from Colorado I thought this was interesting.

Municipal Law – Cherry Hills Village
Cherry Hills Village has enacted a law that requires all drone users to follow guidelines and regulations set in place by the FAA and by registered with the FAA.

Drones are prohibited from flying over public buildings, trails, public parks, public streets, and any area that is deemed to be city property.

 

[deleted member 877]

Sure, it would simply things as long as all LEOs know who owns all of the land and exactly where the properly lines lay. I don't think that is a reasonable thing to expect someone to know. And prohibiting all locations wouldn't really be the type of thing that would ever happen in the US, so it's likely all a pipe dream.

Yeah OK - so from the get-go I was obviously referring to a hypothetical scenario, but to address your point about "LEOs having to know who owns all of the land and exactly where the property lines lie", it's all available on the databases that they can access from their handheld or in-car terminals.

Edit: And it turns out that "prohibiting all locations" is not a pipe dream after all - see post #13 below.

 

[Chip]

..I suppose if they wanted to be really draconian they could potentially ban drones from landing anywhere within their boundaries.

North Carolina already has a state law which bans launching or landing UAVs from or on "any State or private property without consent." Unless of course you are the government.

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.

 

[Cmick1972]

Being from Colorado I thought this was interesting.

Municipal Law – Cherry Hills Village
Cherry Hills Village has enacted a law that requires all drone users to follow guidelines and regulations set in place by the FAA and by registered with the FAA.

Drones are prohibited from flying over public buildings, trails, public parks, public streets, and any area that is deemed to be city property.

This is not cool!

 

[tleedom]

This is not cool!

I was really pointing out how contradictive the two statements were.

Follow FAA guidelines, not.

 

[Babaganoosh]

I live in NJ. I hate this nanny state.

 

[Maviac]

Do you mean prohibiting people from taking off in parks or from flying over parks? They certainly have the power to prevent people from taking off in parks.

Easy solution: Do a hand launch and jump up just as you're taking off so you and the drone are both in FAA-governed airspace at the time of takeoff. (Just kidding, obviously).

Georgia has a similar law. It prohibits local governments from regulating drone usage. It does contain an exception for takeoffs/landings from government owned property, BUT it contains an exception to that exception for commercial uses. Unless the state plans to enact laws that are more restrictive than what local governments have been known to do (which doesn't appear to be on the horizon except for a prohibition in state parks already on the books), I'm all for this sort of law.

 

[deleted member 877]

Easy solution: Do a hand launch and jump up just as you're taking off so you and the drone are both in FAA-governed airspace at the time of takeoff. (Just kidding, obviously).

Georgia has a similar law. It prohibits local governments from regulating drone usage. It does contain an exception for takeoffs/landings from government owned property, BUT it contains an exception to that exception for commercial uses. Unless the state plans to enact laws that are more restrictive than what local governments have been known to do (which doesn't appear to be on the horizon except for a prohibition in state parks already on the books), I'm all for this sort of law.

Yeah but what about the abovementioned (post #13) State of North Carolina? There doesn't seem to be any way around the blanket ban in that state.

 

[Maviac]

Yeah but what about the abovementioned (post #13) State of North Carolina? There doesn't seem to be any way around the blanket ban in that state.

It makes me glad I don't live in North Carolina (Asheville is nice, though). The jump-and-hand-launch approach might work, though catching the drone mid-jump is less advisable.

 

[deleted member 877]

It makes me glad I don't live in North Carolina (Asheville is nice, though). The jump-and-hand-launch approach might work, though catching the drone mid-jump is less advisable.

LOL - imagine how hilarious it would be if a case involving hand launching and catching whilst jumping into the air was heard in court. It would totally go viral