State parks rule

[Jeffm912]

We are talking about the parks authority... not the States authority.

There's no use arguing with an individual who pretends to know it all. They will bring you down to their level and beat you with experience. Lawyers have a job for a reason!

Jeff

 

[brett8883]

There is the odd thing called the US Constitution that gives people very broad rights. Also, if there is no law against something, you can do it. That is, laws don't really _give_ rights, laws only tell people what they are not allowed to do. That is how laws work.

I’d refer you to the tenth Amendment of the Constitution of the United States of America.


TENTH AMENDMENT
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

United States of America 1789 (rev. 1992) Constitution - Constitute

United States of America's Constitution of 1789 with Amendments through 1992

www.constituteproject.org

 

[brett8883]

There's no use arguing with an individual who pretends to know it all. They will bring you down to their level and beat you with experience. Lawyers have a job for a reason!

Jeff

I thought we were having a lively but civil and scholarly discussion pertaining directly to the topic at hand. If I misinterpreted that I apologize.

I do think this is important and I will admit when I know I am wrong which I have done on many occasions but if I just nod my head and agree to that which I believe to be false or at least not as clear as it may seem then I think that would be doing a disservice. Especially when the counter argument to mine here is to ignore state law. Doesn’t that seem worthy of a a bit more analysis?

 

[AMann]

All I can say is if in doubt and it’s possibly worth missing a day or more of work defending yourself in court, then go for it.

 

[JustViewerFun]

... And California regulations say
You cannot start and land your drone in the park areas...

Oh really? Last I checked, California state parks generally allowed drones. Did that change recently?

 

[sar104]

Theres no law that says you can fly over a State Park though.

There is no law that actually says you can fly at all - that's not how these laws work. Part 101 and 107 do not enumerate where you may fly - they comprise a set of requirements and prohibitions if you do fly.

I'm not going to debate this. It's been discussed to death and even the FAA has weighed in to explain that local jurisdictions cannot make laws on airspace use. And also note that NPS, for example, has confirmed that they do not have jurisdiction over the airspace over National Parks.

 

[Greg6032]

Oh really? Last I checked, California state parks generally allowed drones. Did that change recently?

Hi

I am leaving in San Francisco
State parks usually allow you to fly
But I San Francisco a lot of federal parks
That do not allow you fly there
You can check all this info using AirMap app

 

[Gioba59]

Oh my WHAT A MESS but thanks to all for the help.

 

[MavicMikeK]

Here's a good article I just found that provides some good insight, it's called "Leave No Trace". Bottom line, fly your drone ethically and respect nature!

Drone Use On Public Lands | Leave No Trace

 

[sar104]

Oh my WHAT A MESS but thanks to all for the help.

There are probably plenty of examples of local authorities inadvertently infringing on Federal jurisdiction or established law - the airspace issue is just a significant recent case, at least to the UAV community. But yes - in this regard it has turned into a bit of a mess - not in terms of the actual law but because having the law on your side doesn't always prevent you from being cited for an offense.

 

[AMann]

Oh really? Last I checked, California state parks generally allowed drones. Did that change recently?

It changed, each park has it’s own policy depending on their management plans- for example, Anza Borrego Desert State Park used to allow them, but they do not any longer, and many of the beach parks are off limits.

 

[Gioba59]

Check the park using the Airmap application, if it's outlined in red (see attached example) then you shouldn't fly into the air space without permission from the park ranger.

Thanks Mike, I dont see no red, I hope I am using the app the correct way.

 

[AMann]

Hi

I am leaving in San Francisco
State parks usually allow you to fly
But I San Francisco a lot of federal parks
That do not allow you fly there
You can check all this info using AirMap app

California State Parks has been changing this- each park has a policy so you have to check with each of them you want to visit.

 

[MavicMikeK]

Bill Text - SR-21

leginfo.legislature.ca.gov

It is each persons responsibility to "Know Before They Fly". Ignorance of State or National Laws is no excuse and you will risk fines or worst by challenging their validity.

 

[svickstc]

If in PA its not allowed, one must be responsible not only for the FAA laws, but state and local as well as long as local is not preempetive.

I am not sure on the language of flying over vs. launching from state park grounds in PA

 

[MavicMikeK]

Thanks Mike, I dont see no red, I hope I am using the app the correct way.

No red means you probably can fly over that air space below 400 ft but if it were me I'd still ask the park ranger just to show respect and ethics. It would be sad if your drone went down in the park by some omen, lol.

 

[sar104]

If in PA its not allowed, one must be responsible not only for the FAA laws, but state and local as well as long as local is not preempetive.

I am not sure on the language of flying over vs. launching from state park grounds in PA

If State Parks want to ban sUAS operations (takeoff and landing), in the same way that most National Parks have, then that's perfectly legitimate. If they attempt to regulate airspace use then that's preemptive - they cannot, legally do that.

 

[svickstc]

If State Parks want to ban sUAS operations (takeoff and landing), in the same way that most National Parks have, then that's perfectly legitimate. If they attempt to regulate airspace use then that's preemptive - they cannot, legally do that.

I agree, which is why I think you could still fly over a state park if launch from a public area (aka not state property), but if something were to happen to the drone within that parks limits good luck retrieving without a fine coming your way.

I know when PA enacted the ban on state parks (with the exception of some with a permit in regulated areas), Park Rangers acted quick to give out large fines and discourage use of drones very strong around me

 

[Greg6032]

Guys
About any restrictions
If some one really want go with all rules and restrictions it is better
Jus do not fly your drone
I want remind just one main rule
Witch is make me crazy
We must fly drones in visible distance witch is about 400 ft
So who will by Mavic2 and fly for 400ft around I believe no one
So just fly your drone and be careful do not do crazy things
And make nice videos

Good luck

 

[STUFF2C]

Federal law says smoke'n pot is illegal, but the local and state's tromp all over that consistently. The law is designed to be "gray"... the attorney's make it that way, it lines their pockets.

If you stay under the radar (figuratively of course) and you don't make a nuisance of yourself... just do it.