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Roofdrone

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Is it legal to fly from a parking lot in the USA? Like a shopping center or a store parking lot. I once asked a police officer if I could get a ticket in my car for running a stop sign on a parking lot. He said yeah because it was treated as a public area even tho it was private property
 
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Is it legal to fly from a parking lot in the USA? Like a shopping center or a store parking lot. I once asked a police officer if I could get a ticket in my car for running a stop sign on a parking lot. He said yeah because it was treated as a public area even tho it was private property
Parking lots, except for the public roads and signs are private property. You can't stand in the roads or near the signs, so you will be flying from private property. If the owner doen't know your flying from his property, your safe, If he knows and doesn't care , you safe. If he knows and asks you to stop, you have to stop and even leave the lot if he asks you. If you don't, you can be arrested for trespassing. You won't be arrested for flying the drone, just trespassing.
 
A little side note, people actually think their rights as Americans extends into stores and restaurants and even parking lots, but your rights end as soon as you enter any of these places. Once on private property the bill of rights gets thrown out the window. If you feel violated, the only options you have is to go to civil court after the fact.
 
It is always better to ask permission first. Most folks don't have any problem. Just don't fly over people as per FAA rules. I see so many people, some of them popular drone video posters', argue with the police trying to assert their rights. First of all , do you need to fly there in front of somebody's property or business? Yes, it might be public easement, but why record there? There are plenty of great places to fly from , through, and to. Enjoy the sport, hobby, and even the business. Just don't be a bu__head about it.
You are not helping the hobby by pushing the lines. All you are doing is poking the ant hills and getting mad when you get bit.
Sorry, getting off the soapbox. Just ask. That is all. Heck, you might even get a few jobs booked.
 
I do commercial real estate shoots all the time. However, I always have the owner's permission beforehand. Just out of curiosity are you asking "from" a parking lot, "in" a parking lot? Also, what is your purpose for doing so?
 
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I once asked a police officer if I could get a ticket in my car for running a stop sign on a parking lot.
If its the Stop sign placed on Public Property next to the public street you are about to enter sure they can ticket you. If it is one of those placed on private Property They can't ticket you. Many towns like mine will make you "donate" Part of your big new Parking lot So that they can maintain control of the traffic. In that case if you run a stop sign on the property- you will be getting a ticket.
 
Use common sense.

If it's an active, in-use lot don't launch without the owner's permission. Even then, it'll be hard not to fly over people.

If it's a lot at the cement factory that was closed 10 years ago and abandoned, even though technically you're trespassing I'd use it as a place to launch and fly, unless there were obvious signs (like a well-maintained fence with a locked gate preventing entry) the owner didn't want you to.
 
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Is it legal to fly from a parking lot in the USA? Like a shopping center or a store parking lot. I once asked a police officer if I could get a ticket in my car for running a stop sign on a parking lot. He said yeah because it was treated as a public area even tho it was private property
The better question is if it's illegal to fly from a parking lot and the answer is generally no. Be sure to check your local laws just in case there is some sort of ordinance. Whether you can be ticketed in a parking lot is entire up to the laws in your area. There is no such thing as a "public area." Either the property is private or it's public and in many places, private property is often open to the public which means the owner controls the property completely but there may be some minor exceptions such as they have others who can also enforce those rights. Even so, public property is such to time, place, and manner. The city owns a park lot or a parking garage but that doesn't mean you can set up a tent and camp there or pull in your car and starting working on it.

It's not a easy answer. Sometimes several businesses use the same parking lot which limits their ability to trespass people. The parking lot owners always have that right and can even enable those rights to the business but if they lease their parking lot to a government agency, they will lose some of their rights for example. If the driver's license location is in a private strip mall, the owner cannot tell the public to stay away (for no reason at all). They would need to have a legitimate reason and at this point, the only good reason I can think of is you have committed a crime. Also, imagine if you shared a parking lot with 10 other businesses and you were in direct competition with 3 others. Do you think you can spot the customers shopping at the other business and go up to them and trespass them from the parking lot that is open to the public for all the businesses in the area? You definitely have control over your own designated spots, maybe the row up front or just outside your door but not the entire parking lot.

Finally, keep in mind there are things called easements. Often it runs thru private property and it's along the roadways and usually contains the sidewalks and the utilities. Many businesses believe they own and control it....but they don't even if they maintain it; check your laws. I have made the comment many times, I don't fly from private property and only from public property which mostly includes parks. However, as those areas start to dry up, I'll shift my focus to the sidewalks and easements.
 
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Parking lots, except for the public roads and signs are private property. You can't stand in the roads or near the signs, so you will be flying from private property. If the owner doen't know your flying from his property, your safe, If he knows and doesn't care , you safe. If he knows and asks you to stop, you have to stop and even leave the lot if he asks you. If you don't, you can be arrested for trespassing. You won't be arrested for flying the drone, just trespassing.
Absolutely you can stand on the easement. Usually the easement cuts across private property and even the sidewalk that is on private property is not always restricted. If there is a city sign or utility pole, you can likely be there. And that includes the median.

Check your laws for trespassing. It varies. Usually....you will only be arrested for trespassing when the police ask you to leave and you don't...not when the property owner asks you to leave and you don't. The exceptions are often being in restricted areas, going thru locked gates, after hours, in conjunction with a crime, returning after being warned, and/or places like residences. When the police ask you to leave and you do not, you could get a trespass warning which is not an arrest. We are in America, you don't get to arrest people who you don't want on your property that is open to the public unless the police ask them to leave and they refuse. Otherwise, without even approaching you, the business owner would simply call the police and tell police they asked you to leave multiple times and you're ignored him and you're still here...go arrest him. Not saying that doesn't happen but it's not legal in most states (with exceptions).

Bottom line, when the property owner asks you to leave then leave. When the police asks you to leave private property then leave. I'm only making this comment because the thought is often you can't be arrested for flying the drone but you can be arrested for trespassing instead. Flying a drone from property open to the public is not a [trespassing] crime unless you are unlawfully making use of that property when you shouldn't be. For example, you pay to rent time or space there and you didn't pay. Or, you are indoors flying around in the store aisles.
 
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A little side note, people actually think their rights as Americans extends into stores and restaurants and even parking lots, but your rights end as soon as you enter any of these places. Once on private property the bill of rights gets thrown out the window. If you feel violated, the only options you have is to go to civil court after the fact.
Absolutely not true. :oops:
 
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It is always better to ask permission first. Most folks don't have any problem. Just don't fly over people as per FAA rules. I see so many people, some of them popular drone video posters', argue with the police trying to assert their rights. First of all , do you need to fly there in front of somebody's property or business? Yes, it might be public easement, but why record there? There are plenty of great places to fly from , through, and to. Enjoy the sport, hobby, and even the business. Just don't be a bu__head about it.
You are not helping the hobby by pushing the lines. All you are doing is poking the ant hills and getting mad when you get bit.
Sorry, getting off the soapbox. Just ask. That is all. Heck, you might even get a few jobs booked.
I completely agree with you. Until the entire county park is marked off as prohibited. Not trying to defend those who push the boundaries but there are so many places where it makes sense for us to fly but we can't....so the opposite is going to start happening; so let's get prepared. Because as you know, the number of legal places to fly from only gets smaller, not bigger. It's just a matter of time. :(
 
Use common sense.

If it's an active, in-use lot don't launch without the owner's permission. Even then, it'll be hard not to fly over people.

If it's a lot at the cement factory that was closed 10 years ago and abandoned, even though technically you're trespassing I'd use it as a place to launch and fly, unless there were obvious signs (like a well-maintained fence with a locked gate preventing entry) the owner didn't want you to.
I think the common scenario is, remember when we were kids, the church and church parking lot (private property) was pretty much always a place you ride your bike or toss the baseball. Church was only on Sundays, all during the week the entire place was empty and unused, no signs were posted....even the police would drive by and wave. Never got permission from anyone. Better to see kids playing there than committing crimes. Today, it's a different world I guess.
 
Sadly yes. I remember riding everywhere on my bike. Of course, my parents , along with all of my friends parents were not going to sue the church if I fell down and hurt myself. I remember my best friend and I were entering a major road from a stop and guess what? I was on the right and he on the left . We got our destination signals crossed and I went left and he right. Crash. We were so embarrassed. Never did legalities or lawsuits enter our minds.
Not every company out there is thinking you might crash you plastic drone into my metal or brick building and taking it down. They are also concerned about you or your equipment getting damaged and suing them.
 
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I think it's more common sense than legal. Sure legal matters. You can fly stupid in a public place and get into trouble. I also fly smart in private places with no problem. I do a lot of metal detecting. The same thing applies. Private lots are ran by busy people that don't have the time to be bothered by people wanting to fly. Nor do they want the liability involved with giving you permission. Fly in the corner of the lot away from people. Be inconspicuous. The owners mostly don't care. Your nothing to them. If they want you to leave, they will tell you. That has happened once flying my drone at a dam and few times metal detecting. In my neophyte days I would ask. It caused problems. I had one business owner say no with a smile while shaking his head yes to avoid liability. Lol. Just fly smart. Stay away from people. Don't do dumb things.
 
I completely agree with you. Until the entire county park is marked off as prohibited. Not trying to defend those who push the boundaries but there are so many places where it makes sense for us to fly but we can't....

I would call this very narrow, self-centered thinking.

What you either fail to account for, or dismiss as irrelevant is this: In the view of many, there are many places where it makes sense to prohibit you from flying, but you can.

Once you grant other's differing view the same legitimacy as your own, compromise can take place.

For example, a public park is there for everyone. Consider a park that has a baseball field and a soccer field. If some people are playing softball on the soccer field because the baseball field was already in use, it is reasonable to me for a crowd wanting to play soccer to ask the softball folks to yield.

Or if I was flying my drone there. It's a soccer field, not an airfield. I should yield.

If there is a place in a park prized by the community for peace and quiet, drones might be banned. No problem. That's what compromise is about. Even though it might also be a killer place to fly, the broader community may have a different idea and through the democratic process we come to some solution without people bleeding.

Outright prohibition is easy, and the first thing most authorities reach for when there's conflict. But it's not the only solution. Specified times to allow drone flights – every second weekend of the month, for example, can be implemented. However, as the tiny minority in the community, it's us that will have to suggest such compromises, and fight for them.
 
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I would call this very narrow, self-centered thinking.

What you either fail to account for, or dismiss as irrelevant is this: In the view of many, there are many places where it makes sense to prohibit you from flying, but you can.

Once you grant other's differing view the same legitimacy as your own, compromise can take place.

For example, a public park is there for everyone. Consider a park that has a baseball field and a soccer field. If some people are playing softball on the soccer field because the baseball field was already in use, it is reasonable to me for a crowd wanting to play soccer to ask the softball folks to yield.

Or if I was flying my drone there. It's a soccer field, not an airfield. I should yield.

If there is a place in a park prized by the community for peace and quiet, drones might be banned. No problem. That's what compromise is about. Even though it might also be a killer place to fly, the broader community may have a different idea and through the democratic process we come to some solution without people bleeding.

Outright prohibition is easy, and the first thing most authorities reach for when there's conflict. But it's not the only solution. Specified times to allow drone flights – every second weekend of the month, for example, can be implemented. However, as the tiny minority in the community, it's us that will have to suggest such compromises, and fight for them.
I feel for you. The greater the crowds, the more you have to fight for space. When I lived in the city, I would go out at daybreak. After the prostitutes and the dealers had a full night. When the daylight came, they were gone and there was such solitude. I aways wore a bandana and tried to make myself look like someone you wouldn't want to mess with. People were nice and showed me respect. Dealers would just walk by me and crawl into their holes in an abandon house to get some sleep. Some of those neighborhoods had the best architecture and old finds. Police were glad I wasn't doing anything that warrant there attention and left me alone. I have had the police sit in their cars and watch me at times. Maybe they were there to protect me. Lol. Knowledge of the area and common sense goes a long way. Here in WV. I can fly more places than most people, even places that are off limits nation wide with permission. Lets just say they don't push the rules as much as long as you don't cause a problem. Places with few people are more personal and friendly. They do want you to respect their privacy to a greater degree.
 
I find most people to be friendly and reasonable if asked for permission to fly over their property. Even though I don't need to ask, depending on the property in question, I often ask anyway because it is beneficial.

Just try to think about this with the "average person" point of view. People don't like being observed, personally or their property, when they don't know who's doing it, what they're recording, or why.

Just meeting the pilot and having their contact information has always been enough to get a friendly, "sure, go head". Sometimes they want a copy of any pictures or footage. A few times they might want to look through the goggles and see for themselves what it looks like.

I've even made one new drone buddy this way. Guy had a Vinyard on his land that was just spectacular, I had to buzz around it with the Avata. That was a thrilling outing!

After getting permission, the guy joined me at my launch point, and put the goggles on, I connected my phone so I could see too.

Guess who has an Avata now? I've taken him to two of my favorite spots on the coast since and we played chasing Avatas along the cliffs.
 
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You might simply ask the owner/manager of the parking lot if they would allow you to fly from their private lot. You might even offer to provide them an aerial shot of the parking lot for letting you fly there. Sometimes the simplest answer is asking the simplest question from the right person, the owner/manager of the property. Never know it might even make you a connection that drums up some future business.
 
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