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Press Release – FAA Statement – Federal vs. Local Drone Authority

CanyonRunVideos

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#1
On June 20, 2018,

The F.A.A. dispatched an immediately press release regarding "F.A.A. vs. Local Drone Authority". Press Release – FAA Statement–Federal vs. Local Drone Authority

This F.A.A. press release statement says that NO STATE, NO COUNTY, NO CITY or local governments are permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace.

This press release is great news to all UAS pilots in the U.S. Please reply with your thoughts about this matter.

Thank you.

"U.S.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.

However, these powers are not the same as regulation of aircraft landing sites, which involves local control of land and zoning. Laws traditionally related to state and local police power – including land use, zoning, privacy, and law enforcement operations – generally are not subject to federal regulation.

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".


 

ac0j

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#3
Again, you seem to me missing the exception to the ground where you take off and land from, which can still be restricted by city,and state. As you well know by now.
 

pftarch

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#6
Although I appreciate the FAA "taking a stand", all a city, town, or state for that matter, has to do is pass a law or ordinance that says you can't take off or land from/on public property. (And I feel that the FAA statement went out of its way to point that out.) Hence the National Park "ban" is legal, unless you are within VLOS of the border.

At best, I can maintain VLOS of Mavic for about 1000'. If my town decides to "ban" all drone take off's and landings I am limited to flying 1000' horizontally from private property.

Here's my wish list/overly simplistic approach to addressing the whole "where am I allowed to fly scenario" that I wish the FAA would consider:

Over private land with the landowners permission at altitudes below 200' you may operate a UAV with NO RESTRICTIONS WHATSOEVER. It's your land and no GA aircraft should be below 200' over your land. Fly at night, fly BVLOS, fly FPV, it doesn't matter, it's your space. (Provision could be made for airports, but not the excessive restriction of 5 miles.(Helicopters would be required to stay above this, and the reality is they shouldn't be that low anyways.) 200' - 400' current FAA rules would apply.

No UAV can fly BELOW 200' over private land (or restricted public land, see below) without the landowners permission.

Public entities (states, cities, towns, AND PARKS) may restrict UAV take off and landings within their borders BUT IT CAN ONLY BE FOR 10% OF THEIR LAND AREA.

Could someone please forward this to the FAA, maybe sanity will take hold.
 
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CanyonRunVideos

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#7
Again, you seem to me missing the exception to the ground where you take off and land from, which can still be restricted by city,and state. As you well know by now.
Yes, as long as there isn't a TFR or a NO FLY ZONE in that airspace you can FLY say inside the State Park; just takeoff and land your UAS outside the parks boundary.
 

ac0j

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#9
The FAA is on OUR (UAS pilots) side here guys, it is the states who are breaking federal regulations here in my case anyway........
we are all still wondering the outcome of your court case on 8-2? You get a gag order or something?
 

BradBowers

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#11
So, what if I hand takeoff and hand land, everything else being legal? Technically I'm not landing/takeoff "on" public property... The drone never touches "their" property... Just saying...
 

CanyonRunVideos

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#13
So, what if I hand takeoff and hand land, everything else being legal? Technically I'm not landing/takeoff "on" public property... The drone never touches "their" property... Just saying...
The FAA has made it clear that the national airspace belongs exclusively to the federal government when it comes to aircraft flight. I'm with you as far as hand takeoff and hand landing and I certainly will be paying more attention as to where my UAS takes off and lands from in the future.

UAS pilots can also takeoff and land on public property and then fly over a state, county or city park as long as they are in class G airspace or have FAA approval to fly in class D airspace without much to worry about.

It doesn't seem like the FAA is going to give state parks the same restriction that National Parks have any time soon.
 

ac0j

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#14
The trial was on 9/5/2018 and I did win the case!
Oh really? WON? I look forward to more videos taken of you taking off, flying, and landing in that very same park then. Because THAT would be a win....
Having pity taken on you because of wordplay is not a win.
Make those videos and spread your wings.... Winner!
 
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ac0j

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#17
*snip* I'm with you as far as hand takeoff and hand landing and I certainly will be paying more attention as to where my UAS takes off and lands from in the future. *snip*
And why is this? why all the caution to NOT do what you just "WON" a case over doing?
I take this to mean you got your hand slapped and a pass, OR (in layman's terms) you didn't win at all.
 

sar104

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#18
The FAA did not "give" the National Parks that restriction.
The OP is confused (or more likely dissembling) because the FAA did designate some (~ 10 locations) NPS property as restricted for security reasons. But no - there is no FAA restriction on flying over the vast majority of NPS properties.
 

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