Would this break any regulations?

[Gwandan]

Hello. I just wanted to ask if anyone happened to know the answer to my question here. Today I went to go fly my drone at a baseball field close to my home. I was within 5 miles of an airport, so I was trying to look up their contact information to let them know I was going to be flying today. As I was looking the phone number up, a lady who was getting a box of items from the building between the baseball fields came out and asked me if I was waiting for someone. I explained to her what I was doing and why I was there and she told me that the baseball fields were actually the property of a middle school nearby and that in order to use the fields, you need to be issued a permit to do so. She said that she was the one in charge of issuing the permits and she hadn't issued any for anyone to be here. She told me she had also never come across this drone issue before, so she said she wasnt exactly sure but then reiterated that she hadn't issued any permits. Does anyone know if I would be in violation of any rules or laws for flying my drone there? I have read that there are issues arguing about whether people can "own" the air/sky above their property, but I'm not exactly sure what the right answer is with this situation. It's not a big deal for me to find another place to fly if I have to, this is just a close, open location to my home. The last thing i want to do is help add to the paranoia and discomfort of drones and their users by disregarding what this woman had to say.

 

[AMann]

If if you are asking people permission you’re doing the right thing, but if it is school property you need district permission to go in there as well. Since you’re stating that you were within 5 miles of an airport, you do also have to contact the airport. It’s possible to get permission if there’s other uses at the baseball diamonds and they’re allowing people in to fly kites and things like that, perhaps offer to do some free photography for them if they are willing to let you come in to fly for fun. Keep the terms free, for fun, and as a volunteer in your descriptions though, so you’re not starting a commercial venture with them. Even though they don’t own the sky, I would not try to stand outside of their property and fly over their heads though, what if your drone goes down or the police come to chat with you? Do you really want that kind of negative attention? They could push it is a violation of private property, (who’s side do you think the cops would be on if they did?) and the only way to beat it would be to fight their lawyers over it .

 

[sar104]

There are two entirely separate issues here:

Firstly the airspace - if you are flying recreationally then, yes, you need to notify any airport within 5 miles.

Secondly your activity on the ground - if you are on private property then you may need permission to do anything on that land. That's not specific to flying a UAV and does not regulate the act of flying over the property - just the act of being there and launching and landing the UAV. It sounds as if she was saying that you need a permit for any activity on school property, which is probably a perfectly legal requirement.

 

[Mossiback]

It would be best to get outside the 5 mile zone and someplace that doesn't monitor who is using the grounds.

 

[Gwandan]

Thank you! It was probably a pretty obvious answer, but I just thought I would ask to hear what other people had to say. If I had been in my right to fly there even without a permit, I would have completely explained to her that I wouldn't be breaking any kind of rules, but at the same time I would still ask permission. She seemed somewhat understanding, and I knew that she had rules and regulations she has to abide by with her holding the position she has. I wouldn't have been unreasonable with them. Like I said before, it's really no big deal for me to fly somewhere else. Thanks for the quick responses!

 

[neggy]

you are not using the field, you are using the airspace.

The school controls to the top of the blades of grass, the FAA controls anything above that.

 

[sar104]

you are not using the field, you are using the airspace.

The school controls to the top of the blades of grass, the FAA controls anything above that.

He's using the field if he is launching and landing from it.

 

[neggy]

He's using the field if he is launching and landing from it.

Hand launch

 

[sar104]

Hand launch

While physically hovering above the turf?

 

[neggy]

While physically hovering above the turf?

Jump in the air

 

[jeplane]

Ah come on! Just because you are doing a hand launch and a hand catch on the field, you think you are not taking off or landing in the field??!! Seriously???

 

[Gwandan]

It's no big deal. I have no problem finding another place to fly. There are other parks, but they aren't as private and I wouldn't want someone thinking I'm a "pervert trying to get their kids on camera" or something of that nature. As for trying to find a place to fly outside of an airport zone, I'd have to drive up to an hour away from where I live in order to do that, so my only other option is just to call and notify them of what I will be doing.

 

[SKentBrown]

Just my 3 cent worth... the 5 mile rule no longer applies to recreational model aircraft. Law changed 10/5/2018. Now based on airspace. So, depends on the airport and/or what Airspace at the surface the flight will occur or in this case at the ball field.

Click here for link to FAA Site about the new rules Some reason they left off Airspace requirements listed in the HR 302, section 349:

(5) In Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport, the operator obtains prior authoriza-
tion from the Administrator or designee before operating and
complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.

 

[sar104]

Just my 3 cent worth... the 5 mile rule no longer applies to recreational model aircraft. Law changed 10/5/2018. Now based on airspace. So, depends on the airport and/or what Airspace at the surface the flight will occur or in this case at the ball field.

Click here for link to FAA Site about the new rules Some reason they left off Airspace requirements listed in the HR 302, section 349:

(5) In Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport, the operator obtains prior authoriza-
tion from the Administrator or designee before operating and
complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.

I assume that you did read that FAA guidance, including:

The agency is evaluating the impacts of this change in the law and how implementation will proceed. The Reauthorization Act cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to recreational use of drones ​

​

The 5 mile rule does still apply.

 

[SKentBrown]

The agency is evaluating the impacts of this change in the law and how implementation will proceed. The Reauthorization Act cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to recreational use of drones ​

​

The 5 mile rule does still apply.

Yep, also read the FIRST Paragraph:
"The Act establishes new conditions for recreational use of drones and immediately repeals the Special Rule for Model Aircraft. "

The new Law is now in effect, but there is a lot more in the act the FAA has 180 days to implement such as the written test required for all sUAS pilots; how to approve flights in Class B, C, D and E airspace, etc.

Thus I take the statement to continue to mean I do not have to not stop flying just because the FAA has not implemented everything - like the written test that is required.

As I read the Act - it is really directions for the FAA, not me. i.e. the FAA cannot regulate recreational model aircraft and the Act defines what is "recreational" in section 349.

Thus as I adhere to what is outlined in section 349, as far as it has been implemented, the FAA can not regulate my flying.

Just my take.

If someone tried to enforce the "5 mile rule" what would be the bases for such enforcement?

 

[Dennynh]

Just my 3 cent worth... the 5 mile rule no longer applies to recreational model aircraft. Law changed 10/5/2018. Now based on airspace. So, depends on the airport and/or what Airspace at the surface the flight will occur or in this case at the ball field.

Click here for link to FAA Site about the new rules Some reason they left off Airspace requirements listed in the HR 302, section 349:

(5) In Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport, the operator obtains prior authoriza-
tion from the Administrator or designee before operating and
complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.

Well, I read this differently. Reference the following requirement, “

• Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization”.

These organizations still require you to call airports within 5 miles and inform them younare flying a drone.

 

[sar104]

Yep, also read the FIRST Paragraph:
"The Act establishes new conditions for recreational use of drones and immediately repeals the Special Rule for Model Aircraft. "

The new Law is now in effect, but there is a lot more in the act the FAA has 180 days to implement such as the written test required for all sUAS pilots; how to approve flights in Class B, C, D and E airspace, etc.

Thus I take the statement to continue to mean I do not have to not stop flying just because the FAA has not implemented everything - like the written test that is required.

As I read the Act - it is really directions for the FAA, not me. i.e. the FAA cannot regulate recreational model aircraft and the Act defines what is "recreational" in section 349.

Thus as I adhere to what is outlined in section 349, as far as it has been implemented, the FAA can not regulate my flying.

Just my take.

If someone tried to enforce the "5 mile rule" what would be the bases for such enforcement?

If they could have made it any clearer then I do not know how:

please continue to follow all current policies and guidance with respect to recreational use of drones​

​

Does underlining it help?

To clarify, the Special Rule was codified in 14 CFR Part 101, and that is the authority on this subject. Until 14 CFR is changed, the regulations are unchanged. That is what they are trying to tell you. Most of what has now been enacted has no mechanism to be implemented immediately, even if the FAA wanted to.

 

[SKentBrown]

If they could have made it any clearer then I do not know how:

please continue to follow all current policies and guidance with respect to recreational use of drones​

​

.

So when a law changes - what is "Current"?

Note in the list the FAA did not list 5 mile from airport. Airspace may be more restrictive than the 5 mile rule.

 

[SKentBrown]

Well, I read this differently. Reference the following requirement, “

• Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization”.

These organizations still require you to call airports within 5 miles and inform them younare flying a drone.

Hum AMA's Safety Code does not state 5 Mile rule. that I have seen anyway. Rather says to abide by "applicable laws and regulations" then lists great safety steps that are very good to follow.

 

[SKentBrown]

To clarify, the Special Rule was codified in 14 CFR Part 101, and that is the authority on this subject. Until 14 CFR is changed, the regulations are unchanged. That is what they are trying to tell you. Most of what has now been enacted has no mechanism to be implemented immediately, even if the FAA wanted to.

14 CFR 101.41 Reference PL 112 Section 336 - which has been repealed / replaced. I'm thinking Congress and the President over ride what the FAA Regs have.

If you want to follow out dated rules... be careful Airspace rule may be more restrictive than 5 miles.