State parks rule

[bushie]

Thankfully my home state, WA, which is nearly half the land area of Australia, recently changed its laws and now allows UAVs in National parks, so long as you dont annoy other users and obey CASA regs.

 

[AMann]

Thankfully my home state, WA, which is nearly half the land area of Australia, recently changed its laws and now allows UAVs in National parks, so long as you dont annoy other users and obey CASA regs.

As a US citizen, I am immensely greatful that a US state cannot change how UAVs are used in US National Parks.

 

[bushie]

As a US citizen, I am immensely greatful that a US state cannot change how UAVs are used in US National Parks.

I guess the difference here is that while called "National" parks the parks are in fact acquired and administered by the individual states. Each state has its own body which runs the parks in that state and makes the rules. (There are a couple of exceptions where the Commonwealth runs and administers parks)

 

[JSKCKNIT]

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

Most park laws have a caveat allowing aircraft to land in the park for emergencies.

 

[BigAl07]

Most park laws have a caveat allowing aircraft to land in the park for emergencies.

You are "allowed" to break FARs if it's an In-Flight emergency. If that happens you're required to fill out the appropriate paperwork to report the incident so it can be investigated. I doubt running out of juice in your sUAS is going to fall under this "allowance". I imagine until it's tried in court it's all just speculation . . .

 

[AMann]

I guess the difference here is that while called "National" parks the parks are in fact acquired and administered by the individual states. Each state has its own body which runs the parks in that state and makes the rules. (There are a couple of exceptions where the Commonwealth runs and administers parks)

I honestly didn't realize this. We have State Parks here, and some do allow drones. I agree with you, as a State, we can have our own rules in areas of land management not part of the national system. Typically, state lands where off roading and drones are allowed are State Recreation areas, and federal lands which allow the same are managed by Bureau of Land Management (BLM).

 

[Norb_DAIS]

Be careful with relying solely on AirMap. I was hit with a $190 fine for flying over an area that was not flagged by AirMap.

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.

 

[sar104]

Be careful with relying solely on AirMap. I was hit with a $190 fine for flying over an area that was not flagged by AirMap.

Can you elaborate? For flying over, or for launching from land that prohibited sUAS operations?

 

[LINXXL]

I live about a mile from a state park, my question is if I take off from my house can I fly over the park?

I live about a mile from a state park, my question is if I take off from my house can I fly over the park?

New Jersey is almost the same as national parks. No take off or landing within the parks. The reason as I was flying and told by a ranger that it was not allowed was to "Preserve the natural peace" I found it funny because as he was telling me this 4 guys drive by on dirt bikes at full blast going up the trail. I most definitely had to comment on preserve the peace statement. The ranger was really cool about it but did say the rules are the rules. He even offered to show me the statutes if I wanted to stop at the ranger station, which I did. The rule was actually no RC vehicles whether gas or electric can take off or land within NJ state parks unless the area is specially designated for that purpose. I believe this was put into effect on 2015. All this occurred at Wharton state forest and Atsion ranger station.

 

[AMann]

Can you elaborate? For flying over, or for launching from land that prohibited sUAS operations?

Here- post #180:

Tell It To the Judge...

curious on this... without a 107 waiver for VLOS, is it still acceptable to fly beyond LOS (vertical or horizontal)? As far as I am aware, no beyond line of sight. However, I do jobs where I have to go above byond line of site and I usually contact the FAA through my employer.

mavicpilots.com

I think the judge just wanted to send a message that the Park should have been able to protect its resources, even though the FAA rules applied to their airspace.

This kind of ruling would keep me out, even with the FAA airspace rules. More important battles to fight and all....

 

[sar104]

Here- post #180:

Tell It To the Judge...

curious on this... without a 107 waiver for VLOS, is it still acceptable to fly beyond LOS (vertical or horizontal)? As far as I am aware, no beyond line of sight. However, I do jobs where I have to go above byond line of site and I usually contact the FAA through my employer.

mavicpilots.com

I think the judge just wanted to send a message that the Park should have been able to protect its resources, even though the FAA rules applied to their airspace.

This kind of ruling would keep me out, even with the FAA airspace rules. More important battles and all....

Yes - there's the problem. Unless you have the inclination and resources to fight, an unlawful citation may cost you.

 

[AMann]

Yes - there's the problem. Unless you have the inclination and resources to fight, an unlawful citation may cost you.

True- I do give credit to the OP for trying though, he had the right cards and all too, but the judge changed the rules and ended the game.

 

[sar104]

True- I do give credit to the OP for trying though, he had the right cards and all too, but the judge changed the rules and ended the game.

Yes. No doubt it would likely be overturned if challenged on appeal, but that all costs money and time.

 

[Drbobk]

What about the fact that, a over a mile away, you are clearly NOT flying VLOS? Is that just a guideline? It’s clearly not safe to do if you can’t see other aircraft in the area.

 

[Thomas B]

Be careful with relying solely on AirMap. I was hit with a $190 fine for flying over an area that was not flagged by AirMap.

As previously asked, could you elaborate on the specific details. TIA

 

[sar104]

What about the fact that, a over a mile away, you are clearly NOT flying VLOS? Is that just a guideline? It’s clearly not safe to do if you can’t see other aircraft in the area.

True, but not what he was charged with - that would be an FAA issue, not a State issue.

 

[AMann]

As previously asked, could you elaborate on the specific details. TIA

Hi Thomas- that post I just quoted and linked above “tell it to the judge” has all the details.

 

[Thomas B]

After reviewing this and the referenced thread, thanks AMann, it shows the common problem that I have faced... the legal system is too expensive for the average person. I went through an issue about the registration of my horse, and after 3 trips to state superior court, 2 trips to AZ appeals court, and having the case heard by the AZ state Supreme Court we had still never gotten to consideration of my initial cause of action.... I was out of pocket over $70K at this point and abandoned the case, which I believe was defendant strategy all along.
It occurs to me that there may need to be a common legal fund to strike down these laws if somebody like ACLU is unwilling to take up the flag.

 

[AMann]

After reviewing this and the referenced thread, thanks AMann, it shows the common problem that I have faced... the legal system is too expensive for the average person. I went through an issue about the registration of my horse, and after 3 trips to state superior court, 2 trips to AZ appeals court, and having the case heard by the AZ state Supreme Court we had still never gotten to consideration of my initial cause of action.... I was out of pocket over $70K at this point and abandoned the case, which I believe was defendant strategy all along.
It occurs to me that there may need to be a common legal fund to strike down these laws if somebody like ACLU is unwilling to take up the flag.

$70k? Wow, Sorry about that. Some wars are worth fighting over, I respect your attempts to do it though.

 

[CaseyH]

Where did you get this info?? A quick Google search reveals this info.

Unmanned Aircraft System (Drones) in State Parks

California State Parks

www.parks.ca.gov

Hi

You need check exactly what your regulations say
For example I am in California
And California regulations say
You cannot start and land your drone in the park areas but it is do not say you cannot fly above parks
So I can stay outside park
Start my drone, fly above park
And lending it outside of the park
With no any problems
I did this many times

Good luck