Tell It To the Judge...

jaysrmc · Jan 1, 2019

KevsMavic2 said:
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.

jaysrmc · Jan 1, 2019

ac0j said:
Do you think Part 107's can fly anywhere that a recreational user cant? WRONG!
if there is an NFZ or temporary restriction , it covers EVERYONE. if it is a fire zone, IT COVERS EVERYONE.
Too many part 107's dont seem to understand that.

@ac0j is right. The ONLY time I can fly byond LOS when when we apply for a waiver 90 days in advance to inspect equipment for the DOE. A Hobbiest, has more leaway than a 107 pilot. I am about tired of 107 pilots thinking they can do whatever they want. This is why they are introducing new legistration. In my opinion anways. My insurance for Commercial License to do weddings and things like that is outraguous. It's common sense. All of it is common sense. Don't do things that are going to hurt someone, get in trouble because it just gives reason to introduce more legistration. I don't understand why people think, "Oh im 107 cert, I can do whatever I want. I fly right next to an airport often, I get ATC clearence and I also notifiy the FAA just in case because ATC never takes my info. Be smart, cover your butt.

m0j0 · Jan 1, 2019

A

jaysrmc said:
@ac0jI am about tired of 107 pilots thinking they can do whatever they want.

I don’t think 107s on a whole think they can do whatever. Doesn’t everyone read the material and study. How else do you pass the test? Who doesn’t know the basics as required for us.

jaysrmc · Jan 2, 2019

m0j0 said:
A
I don’t think 107s on a whole think they can do whatever. Doesn’t everyone read the material and study. How else do you pass the test? Who doesn’t know the basics as required for us.

Your right bud, it's not everyone just a few but those few can hurt us

Norb_DAIS · Jan 25, 2019

Today is my day in court and I'm a little nervous and excited about how it will all unfold. I'll follow up on this thread as soon as I can. Thumbswayup

Norb_DAIS · Jan 25, 2019

I had a chance to present my case this morning and the judge decided to take the case under submission so that he can review the documents I had presented in my defense.

His decision will be mailed to me.

I'll wait for the ruling before posting any details.

globeguy1 · Jan 25, 2019

Nice that the judge is taking into account that you did your homework, and that he is taking the time to get it right. Looking forward to hearing the details when he sends you the ruling; thanks for the update!

Prismatic · Jan 25, 2019

Norb_DAIS said:
I'll wait for the ruling before posting any details.

Rather doubtful, but have to ask if you heard anything about how long he'll take? Judges generally don't do that, but...

Norb_DAIS · Jan 25, 2019

Prismatic said:
Rather doubtful, but have to ask if you heard anything about how long he'll take? Judges generally don't do that, but...

No word on how long. I don't expect it to take too long though.

AMann · Jan 25, 2019

Norb_DAIS said:
No word on how long. I don't expect it to take too long though.

Did you remove the video due to the court case? Just saw it there yesterday...

Norb_DAIS · Jan 25, 2019

AMann said:
Did you remove the video due to the court case? Just saw it there yesterday...

What video?

AMann · Jan 25, 2019

Norb_DAIS said:
What video?

Oh, I get it... I tried to watch that empty box on Post #1 that says “this video is unavailable “.

m0j0 · Feb 5, 2019

Norb_DAIS said:
I had a chance to present my case this morning and the judge decided to take the case under submission so that he can review the documents I had presented in my defense.

His decision will be mailed to me.

I'll wait for the ruling before posting any details.

Well that’s actually a good sign. Truthfully if he looks at the law he is likely to rule in your favor. The only way you get bad laws overturned is to challenge them. You could be someone who actually effects a positive change. Bravo!!

Norb_DAIS · Feb 6, 2019

m0j0 said:
Well that’s actually a good sign. Truthfully if he looks at the law he is likely to rule in your favor. The only way you get bad laws overturned is to challenge them. You could be someone who actually effects a positive change. Bravo!!

At this time I still have not heard back from the court. I remain hopeful that the information I presented will be viewed favorably.

Spike151 · Feb 8, 2019

Norb_DAIS said:
At this time I still have not heard back from the court. I remain hopeful that the information I presented will be viewed favorably.

Norb if you case is successful, you will be quoted USA wide as case study for i suspect many thousands of people who face the same unfair charges from money hungry agencies. Well done sir even if it is not found in your favour I would suggest you appeal

Norb_DAIS · Feb 8, 2019

Spike151 said:
Norb if you case is successful, you will be quoted USA wide as case study for i suspect many thousands of people who face the same unfair charges from money hungry agencies. Well done sir even if it is not found in your favour I would suggest you appeal

Thanks for the support! To everyone who has commented and contributed as well!

I just got a text message from my wife that a letter came in from the court. She wanted to open it up, but I told her to wait until I get home. I'm anxious, but I have to wait out traffic for my long commute, otherwise I'm in the car for almost 2 hours -- it's rush hour and raining here in the Bay Area and traffic is never fun in the rain.

I'll be posting again tonight with the results of the case.

TR Ganey · Feb 8, 2019

Looking forward to hearing the judge's decision and praying for a positive outcome for you.

Point Zero · Feb 8, 2019

I hope this will be good news!

STUFF2C · Feb 8, 2019

Aww come on already, let your wife read it to us

Norb_DAIS · Feb 8, 2019

Ok. Well here it is...

No clarification of control of airspace or any other explanation. Just that I violated the ordinance (No self-propelled model aircraft...) and pay the fine by next week.

I didn't mention earlier that the judge is also a P107 holder, but during the hearing, he did tell me that "this is not an FAA issue, this is a park issue."

I provided him with copies of statement sent to me by the FAA along with the press release from July of last year and the photos of my location outside park property.

I disagree with his statement because I believe it is an issue of regulation of airspace. I expressed that I did due diligence planning the flight using the sectional charts and AirMap, and that the area is not clearly marked...though the officer said otherwise.

Lots of work needs to be done with regard to the education and communication of the rules. It doesn't matter if you're a hobbyist or P107 pilot. I don't claim any special exemption for the rules and will pay the fine as directed by the court. But as more and more people take to the air, it would help if the rules were clearly defined and easy to find.

So guess where I won't be flying my drone?