Police visit, re power station footage on Youtube.

[Pilch72]

Hi everyone, I had a visit from my local police officer regarding a video I had posted on YouTube of a fly around of the Hazelwood Power station. He explained to me that filming the power station was illegal under the " Critical infrastructure act" and advised me to take the video down. Which I did. I showed him the drone and we talked about where I could fly. He informed me that I could not fly over private property, I disagreed and he told me then that it would be illegal to film private property. I should add that the officer was easy to talk to and was interested in the drone itself, but when it came to laws/rules about them we both agreed that it was as clear as mud. I showed him the casa app, can I fly here that I use and that the power station area was ok. The power station is no longer used and should not be part of the infrastructure act, how ever he informed me that the electrical switching yard was still connected to grid and there fore was covered under the act. Regardless I agreed to remove it.
A few days earlier I was flying around my neighborhood, I live on a few acres in a semi rural area surrounded by large dairy farms that I fly over to practice with my drone. Suddenly my neighbor over the road came out and started yelling at me about flying over his property,this is not the farm just a small block like mine. So I tried to explain that I was not filming or interested in his property, he was very agitated and wouldn't listen to me at all.
So I while the police were here I told him about the incident, he again told me I could not fly over private property. So we discussed more things regarding the use of the drone, it became clear to me that it is a very contentious issue and that depending on how you react to the police or neighbor can have a big effect on the outcome. I am in regular contact with the officer and we have both learnt things from each other regarding the use of drones, I think if I had of stonewalled him it would have turned out a lot different. Anyway just thought I would let people know about this.

 

[bushpil0t]

 

[Jerry]

Don’t expect the police to know the law .. well done for diffusing the situation .. but tbh IMO he just makes himself and the police look stupid at best trying to interpret and enforce laws.

 

[Simmo]

I'm interested to know how the Police found you off You Tube, how did they find the video?
What was the title of your video?
What is your user name??

 

[Pilch72]

I'm interested to know how the Police found you off You Tube, how did they find the video?
What was the title of your video?
What is your user name??

A security guard at the power station saw the video, reported it to police. My youtube channel is my name, I live nearby so i guess it wasn't to hard to find me.

 

[bushie]

While the flying over critical infrastructure may be illegal so long as you complied with CASA regulations you neighbor has no right to privacy and the copper obviously has no idea what the law says.,

 

[AussieDrone]

CASA Rules clearly says you can not fly closer than 30m from buildings, people etc. If you are flying over there shouldn't be an issue .. as always you should not record people and property out of courtesy.. I am sure you have seen this site, here it is anyway Flying drones or model aircraft recreationally

 

[Simmo]

It doesnt say 30 m from buildings bud.

 

[Jerry]

The critical infrastructure act appear to be about cyber attack .. nothing to do with filming or flying drones

 

[AussieDrone]

It doesnt say 30 m from buildings bud.

My bad... I am sure I saw a flyer somewhere that said 30m from buildings etc.. never mind.. Thanks for pointing it out [emoji1360]

 

[basophil]

Thanks for sharing that Pilch. As a fellow Australian, I am very interested in anecdotes of local experience. I recently got shooed away from a quarry. I wanted a picture of the terraced hole. I don’t think I was contravening any rules.

As things stand, I think we are currently fortunate here, as far as regulations go, but I can envisage the not-too-distant day when things will become much tighter, and it is for this reason that I’m thinking of getting a drone operator’s license. I’m also looking for liability insurance. Not sure why it’s not compulsory already.

 

[deleted member 877]

CASA Rules clearly says you can not fly closer than 30m from buildings, people etc. If you are flying over there shouldn't be an issue .. as always you should not record people and property out of courtesy.. I am sure you have seen this site, here it is anyway Flying drones or model aircraft recreationally

In Australia the CASA "flying over people" rule does not mention altitude - so that means that even at 400 feet AGL, you cannot fly over people. You need to be at least 30 metres (horizontally) away from humans which is difficult to judge at that altitude. It's easy to think when for example flying over an uncrowded beach on a lovely sunny day that no one is going to care about a drone flying overhead at 400 feet. It only takes one irate person with a zoom lens to cause a stir and as a result get CASA involved.

The bit about Facebook (Instagram etc) is important because people occasionally post videos or photos that clearly indicate the breaking of CASA rules. This is the last thing we need especially at the moment when CASA is watching the USA (post the removal of section 136) at the same time as the Professional Drone Operator lobby groups are pressing for more restrictions for recreational UAV pilots. Be assured that CASA has one or more staff spending their days trawling through the internet looking for incriminating evidence to help justify tougher restrictions if/when the time comes to do so.

It was nice to see a recent photo taken at night posted on facebook with the caption including a reference to the drone operator's Night Flying certificate. Folks, we all need to be squeaky clean all of the time and to also politely call out those we see who are breaking the rules.

 

[deleted member 877]

Thanks for sharing that Pilch. As a fellow Australian, I am very interested in anecdotes of local experience. I recently got shooed away from a quarry. I wanted a picture of the terraced hole. I don’t think I was contravening any rules.

As things stand, I think we are currently fortunate here, as far as regulations go, but I can envisage the not-too-distant day when things will become much tighter, and it is for this reason that I’m thinking of getting a drone operator’s license. I’m also looking for liability insurance. Not sure why it’s not compulsory already.

I'm also thinking seriously thinking about taking the course and sitting the RPA operator's certificate exam. I haven't fully looked into it but the liability insurance may come with the certificate. For example, a licenced pilot's membership of the Hang Gliding Federation of Australia includes $20M public liability insurance.

 

[BlueDon]

I am an ex professional photographer and I bought a drone to add an areal perspective to some of my work. I am beginning to wonder if this was a total waste of money as legal flying seems to be becoming so restrictive you can hardly fly anywhere for decent photography and restricted to areas that have no scenic value or interest. So fat I have not encountered any problems as I follow the rules as closely as I can but posts like these are becoming concerning. It seems that you can take pictures in these areas with a camera except when it is attached to a drone.

 

[Simmo]

I'm also thinking seriously thinking about taking the course and sitting the RPA operator's certificate exam. I haven't fully looked into it but the liability insurance may come with the certificate. For example, a licenced pilot's membership of the Hang Gliding Federation of Australia includes $20M public liability insurance.

Nah insurance doesn't come with the certificate. Most insurers wouldn't insure you without at minimun your RePL.
Dont forget though, once you have that, you still need to fly under a person with a ReOC, or get one yourself. Its not a cheap exercise.
Most people that have gone to the effort, aren't flying hobby grade RPA's.

 

[AussieDrone]

I hear you all.. I am one of those (idiots as some would call) people who wants to do the right thing even when people are not watching... I went to NZ south Island a few months back. So I thought of doing the right thing and ask all councils in the areas for approval to fly (BTW NZ is lot more strict than Aus from what I have seen).. Guess what, only one council gave me permission.. However when I was there they were plenty of people doing the wrong thing damaging all good Drone pilots reputation...

 

[deleted member 877]

Nah insurance doesn't come with the certificate. Most insurers wouldn't insure you without at minimun your RePL.
Dont forget though, once you have that, you still need to fly under a person with a ReOC, or get one yourself. Its not a cheap exercise.
Most people that have gone to the effort, aren't flying hobby grade RPA's.

Many thanks for the info. I figure that, should one wish to go professional, the following (at a minimum) would be required

Training and RePL certificate​

Professional class drone such as DJi Inspire or Matrice​

Extra batteries and other accessories​

Good quality camera​

Insurance​

Marketing (probably start with a LinkedIn profile)​

One could start by offering his/her services to an established Drone Services company in an effort to get exposure and runs on the board. In this case, would public liability insurance be required or would the employer's policy cover the subcontractor?

 

[Simmo]

Hey Pete, I would imagine the company holding the ReOC would have insurance, but whether or not it would cover the RePL, is up to the set up of the company I 'spose?

 

[Aussie Oldtimer]

I've been trying to find out who actually owns the sky above the land. Aircraft obviously have permission in their flight plans to fly above privately owned land but what about us? Do you need permission to fly over privately owned land?

 

[deleted member 877]

I've been trying to find out who actually owns the sky above the land. Aircraft obviously have permission in their flight plans to fly above privately owned land but what about us? Do you need permission to fly over privately owned land?

There was a precedent set in the U.S. Supreme Court (1946) - a chicken farmer sued the U.S. Airforce for flying very low over his farm. The court ended up ruling that the defendant did not need to compensate the farmer for use of his airspace below 83 feet (25 m) because the planes did not fly below that height.

United States v. Causby - Wikipedia

With the increasing proliferation of drones, I suspect that this precedent will be tested more and more going forward