Washington State "outside the boundaries of the property"

[Deleted member 128089]

Okay, good to go with the FAA. Understand everything they say regarding laws, responsibilities and piloting my drone as directed. But when it comes to Washington State I start to get a little confused. Apparently I'm safe to fly over anyone's private property above 400 feet. Not that I have a need or want too but who knows, maybe my battery is low and I need a strait and quick path back home. But then I'm out of compliance with the FAA which requires me to be below 400 feet. Can't go below 400 feet, can't go above 400 feet. Got that, very clear.
I've read HB 1093 multiple times and one part still has me a bit lost. While I know I can not gain legal council from MavicPilots is there anyone here that can maybe help me understand this paragraph a little clearer? To me it reads that even if I am flying safe in my own yard. My neighbors can legally file a complaint against me if they feel their privacy has been violated by means of "ordinary vantage point" and "reasonable expectation of privacy".

So it look to me that I can not even launch my drone off without fear that anyone and everyone can file a complaint. I don't know if it's even worth having a drone at this point.

Attached are the current laws in Washington State.

Washington State Legislature

app.leg.wa.gov

"The legislature finds and declares that except as otherwise required by the first amendment of the United States Constitution, the reasonable expectation of privacy of a person whose image has been captured, when the person is on private property and the landowner and tenants with a right to occupy the private property have not consented to the capture of images of the person on the property, has been violated when the image could not have been captured from outside the boundaries of the property on which the person is located, from an ordinary vantage point, and without the assistance of the unmanned aircraft."

"Any image of a person taken from any location in the Washington state airspace, when the person whose image has been captured is on private property, the landowner and tenants with a right to occupy the private property have not consented to the capture of images of their person on the property, and the taking of such an image is in violation of the reasonable expectation of privacy of the person."

 

[Mac282]

I hope this doesn't open a can of worms, because it's just a forum, not a court. While I'm no lawyer, I've had the opportunity to provide defensive and expert opinions in a few criminal cases in CA, IL and AZ. Your key word in Washington law is "whose image has been captured". The expectation of privacy would not be violated if no "images" were taken. That being said, you'd still probably receive a call from your local P.D. and if your location was known, would have to "prove" no images were captured. Keep in mind this pertains only to private property and not public areas.
While it is arguable, one has to weigh the time and or expense of the argument. Flying in a public domain area voids a persons reasonable expectation of privacy, while not on private property, of their image being captured.
I'd carry a copy of the statute just to clarify it in case I was ever approach by your local P.D. You shouldn't be penalized from your hobby because someone else is upset about it. You have to "use" the law to win at it, they're your Rights also. But keep in mind, I'm a firm believer of the "letter of the law", and you have to decide yourself where you stand.
Further to answer your last paragraph. Yes, you can launch and land your UAV from your backyard as per H1642.2 Section 2 (2) and maintain an altitude of "exactly" 400 ft. Not below nor above 400ft. There was also a section in the "terms and definitions" which looks like an exemption if the UAV can fly autonomously. That might take a lawyer to define it legally. Good luck, hope you keep flying and the State doesn't discourage you from the enjoyment of this fun hobby.

 

[Deleted member 128089]

Thanks Mac282, appreciate your reply.

 

[Chip]

Okay, good to go with the FAA. Understand everything they say regarding laws, responsibilities and piloting my drone as directed. But when it comes to Washington State I start to get a little confused.

Attached are the current laws in Washington State.

Washington State Legislature

app.leg.wa.gov

"The legislature finds and declares that except as otherwise required by the first amendment of the United States Constitution, the reasonable expectation of privacy of a person whose image has been captured, when the person is on private property and the landowner and tenants with a right to occupy the private property have not consented to the capture of images of the person on the property, has been violated when the image could not have been captured from outside the boundaries of the property on which the person is located, from an ordinary vantage point, and without the assistance of the unmanned aircraft."

"Any image of a person taken from any location in the Washington state airspace, when the person whose image has been captured is on private property, the landowner and tenants with a right to occupy the private property have not consented to the capture of images of their person on the property, and the taking of such an image is in violation of the reasonable expectation of privacy of the person."

I am not so sure these are the current laws. They look like legislative drafts that were not signed by governor into rcw or revised code of WA.

 

[Deleted member 128089]

I am not so sure these are the current laws. They look like legislative drafts that were not signed by governor into rcw or revised code of WA.

Nor am I and that is where I get lost.

 

[Chip]

Nor am I and that is where I get lost.

Okay well then do not worry because you got found! I don’t think any such law has ever been passed here but could be coming in future.

 

[Deleted member 128089]

Okay, so talked with the state and apparently there is nothing written law at this time. But I'll keep checking every so often just to make sure I am incompliance.

 

[Gastone165]

I’m new to drones and still learning. So much to know and every time I turn around I wonder if I made a correct choice in purchasing my MA2.
A neighbor whom I’ve been friends with for 20 years threatened me with arrest and a lawsuit for harassment after flying my drone over or near his property. This has only happened a couple times and always over 300’. No hovering or photos taken. He is a police officer so his approach is direct with no room for discussion, explanation, compromise or reasoning. Fully comply or else.
The deputy who telephoned me initially took the position that I was breaking all sorts of laws, but couldn’t elaborate which ones exactly. I tried to convince him, and I believe I succeeded, that I wasn’t a bad guy and I have no intention of breaking any laws or regulations or angering my neighbors. I believe he was initially siding with his law enforcement colleague but he calmed down and we had a productive conversation.
I will do my best to avoid irritating my hostile and volatile neighbor, but I will continue to fly over my 5 acres. But I’m just waiting for more trouble from him.
It appears the relationship with my neighbor is toast. But it inspired myself and a friend to do some research into the drone laws in Washington State, and try to find out just how far my neck is stuck out.
Wow! Trying to remain legal and get a straight answer quite difficult.
First off, I’m told State law overrules federal law. Meaning if state law is more restrictive it is enforceable over the rights and freedoms allowed by the feds and they don’t apply.

My friend sent me this site.

Drone Laws in Washington - Rules & Regulations for Drones

Even if you are following the strict rules and regulations for drones that have been put in place by the FAA, you may not be following any existing laws and/or rules that are set by the state you are flying in. More Resources This article will give a brief overview of the laws in ...

www.dronethusiast.com

On Dronethusiast.com it mentions Washington state
HB 1049-2017-18
This bill states no flying over private property you don’t own and outlines all the penalties.
Reading this I was suddenly waiting for the door to burst in with the State and County authorities carrying warrants. I then went to the state website, bill tracker, to find out it has yet to be voted on and passed into law. I think.... what’s next? What laws are out there I can’t find or are hidden until it’s too late?

I would like to enjoy my hobbie without fear of a $5000.00 fine for trespassing, criminal charges, civil penalties, and both sides lawyer fees along with who knows what else.
At this time is there any resource available that is reasonably understandable and an accessible source of information?
I don’t suppose calling your local prosecutor is something they wouldn’t appreciate.

holly ****... where’s the Tylenol.

 

[Thomas B]

Here’s a pretty good link.

Master List of Drone Laws (Organized by State / Country) l UAV Coach

Looking for drone laws by U.S. state or by country? On this page, we’ve done our best to lay out drone law links to help you better navigate the UAV industry in your respective U.S. state or country.

uavcoach.com