Laws

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I am new to all the drone stuff. I was wondering what all the drone laws, and if someone could explain them in a more simple way. I was also wondering where I should go if I want to get UAV or Drone insurance, and what I need it to cover, if i want to fly. Last, I wanted to know what the boundaries are for flying over homes, like what height do I need to be at if I want to not be trespassing. Any help will do. Thanks!
 
less than 400ft and further than 5 miles from nearest airport. There are also no fly zones of military or industrial (nuclear power) areas. No one really insures drones yet. Join the AMA for some liability protection. Also do not fly over crowds directly. California says maintain above 350 ft over private homes now. Do not fly in areas of wildfires or were firefighting aircraft are transiting.
 
less than 400ft and further than 5 miles from nearest airport. There are also no fly zones of military or industrial (nuclear power) areas. No one really insures drones yet. Join the AMA for some liability protection. Also do not fly over crowds directly. California says maintain above 350 ft over private homes now. Do not fly in areas of wildfires or were firefighting aircraft are transiting.
Three Questions:

1. What is the AMA?

2. So would you say that 350 ft over everything is kind of a baseline for most places?

3. What are laws like on recording people? like if they are in a frame on a really good shot?
 
1. AMA is http://www.modelaircraft.org/

2. CA is silly.....so called privacy laws are the 350 foot thing not every place has those type of BS rules / laws.....FAA says no higher than 400 feet, and federal law should trump local laws as well but this will play out in the courts over time.
 
http://www.modelaircraft.org/

350 is pretty high. If you aren't loitering around I'd say no one will complain of you're 200 ft up.

Recording people in public is just like anything else it's up to you. Public is public. Use common sense.

If it's private, you should have permission or don't do it.
 
http://www.modelaircraft.org/

350 is pretty high. If you aren't loitering around I'd say no one will complain of you're 200 ft up.

Recording people in public is just like anything else it's up to you. Public is public. Use common sense.

If it's private, you should have permission or don't do it.
Thanks for all the help! Does the AMA cover if your drone like falls on someone?
 
1. AMA is http://www.modelaircraft.org/

2. CA is silly..... and federal law should trump local laws as well but this will play out in the courts over time.
Actually, typically Federal trumps local only in cases where it is stricter than local.

That is why some pot users and dispenseries in Colorado and others have been charged.
While the possession, Use, and sales may be legal at the local and state level, It is still Illegal according to Federal Law and those engaged in the practice COULD be charged.
 
Actually, typically Federal trumps local only in cases where it is stricter than local.

That is why some pot users and dispenseries in Colorado and others have been charged.
While the possession, Use, and sales may be legal at the local and state level, It is still Illegal according to Federal Law and those engaged in the practice COULD be charged.
So how high do you think I should fly, to the point where it wouldn't be trespassing? This is for Indiana and Arizona
 
From http://dronelawjournal.com/

That was posted by Jubalr above, and what I meant. But it will require someone to challenge those "laws" being made in court


State and local government drone law.

State and local governments have passed legislation that purports to regulate drone flight, but if challenged in court, any such laws would be considered preempted by the federal government's intent to "occupy the field," and therefore be invalid. By federal statute, "[t]he United States Government has exclusive sovereignty of airspace of the United States" (49 U.S. Code § 40103(a)(1)). The passage of the FMRA confirms the federal government's intent to continue to "occupy the field" of flight, thereby invalidating (through preemption) any state or local laws that purport to regulate it.

State and local governments may, however, regulate two things related to flight:

  • They may regulate their own agencies' drone flight operations; and
  • They may regulate the locations on the ground from which drones may be launched, landed or operated.
That's it. State and local governments cannot regulate drones in any other manner. They can of course use laws of general applicability (such as voyeurism, reckless endangerment, nuisance, etc.) to prohibit certain acts, which would apply to a drone pilot, if a drone happened to be the object used to perform the prohibited act. They could also pass unnecessary and duplicative criminal statutes specific to drones, but they'd be essentially meaningless since existing criminal statutes would already cover those crimes regardless of whether they were committed with a drone.
 
Illegal to fly within any National Park or National Monument. National Forests are ok to fly in.
Supposedly there is a loophole where you can launch and land outside the park - but I've had rangers in Mount Rainier National Park and Zion's NP tell me that they will prosecute drone pilots who are in their airspace regardless of where the launched from.

State Parks vary from state to state and from park to park - best to speak to that park's ranger.
Same with city parks, some cities have ordinances against any and all RC vehicles in parks.
 
Actually, typically Federal trumps local only in cases where it is stricter than local.

That is why some pot users and dispenseries in Colorado and others have been charged.
While the possession, Use, and sales may be legal at the local and state level, It is still Illegal according to Federal Law and those engaged in the practice COULD be charged.
No pot users or dispenseries have been charged here in Washington State since the law made it legal. The only place you are at risk for possession here is when on Federal Property within the state (leave your pot and drone home when in a NP).
 
Speaking of pot and drones. Are you still on vacation?
LOL, Nope, today is my first day back to work. Sadly.
Lots of wind, fog, and forest fire smoke hampered my flying, but did get some video.
 
From http://dronelawjournal.com/

That was posted by Jubalr above, and what I meant. But it will require someone to challenge those "laws" being made in court


State and local government drone law.

State and local governments have passed legislation that purports to regulate drone flight, but if challenged in court, any such laws would be considered preempted by the federal government's intent to "occupy the field," and therefore be invalid. By federal statute, "[t]he United States Government has exclusive sovereignty of airspace of the United States" (49 U.S. Code § 40103(a)(1)). The passage of the FMRA confirms the federal government's intent to continue to "occupy the field" of flight, thereby invalidating (through preemption) any state or local laws that purport to regulate it.

State and local governments may, however, regulate two things related to flight:

  • They may regulate their own agencies' drone flight operations; and
  • They may regulate the locations on the ground from which drones may be launched, landed or operated.
That's it. State and local governments cannot regulate drones in any other manner. They can of course use laws of general applicability (such as voyeurism, reckless endangerment, nuisance, etc.) to prohibit certain acts, which would apply to a drone pilot, if a drone happened to be the object used to perform the prohibited act. They could also pass unnecessary and duplicative criminal statutes specific to drones, but they'd be essentially meaningless since existing criminal statutes would already cover those crimes regardless of whether they were committed with a drone.
Ah, Gotcha. Yes, see what you are saying. I do agree with that in this context.
 
I'm Canadian ..so I thought I would post The regulations from Transport Canada for all us Canadien's that are enjoying this Forum..Eh!

If your aircraft weighs less than 35 kg and is used for recreational purposes, you don’t need permission to fly, but please read and follow our safety guidelines.


Safety guidelines
You are responsible to fly your aircraft safely and legally. In Canada, you must:

  • Follow the rules set out in the Canadian Aviation Regulations.
  • Respect the Criminal Code as well as all municipal, provincial, and territorial laws related to trespassing and privacy
Transport Canada expects you to follow these basic Do’s and Don’ts.

Do
  • Fly your aircraft during daylight and in good weather (not in clouds or fog).

  • Keep your aircraft in sight, where you can see it with your own eyes – not only through an on-board camera, monitor or smartphone.

  • Make sure your aircraft is safe for flight before take-off. Ask yourself, for example, are the batteries fully charged? Is it too cold to fly?

  • Know if you need permission to fly and when to apply for a Special Flight Operations Certificate

  • Respect the privacy of others – avoid flying over private property or taking photos or videos without permission.
Don’t fly:
  • Closer than 9 km from any airport, heliport, or aerodrome.

  • Higher than 90 metres from above the ground.

  • Closer than 150 metres from people, animals, buildings, structures, or vehicles.

  • In populated areas or near large groups of people, including sporting events, concerts, festivals, and firework shows.

  • Near moving vehicles, avoid highways, bridges, busy streets or anywhere you could endanger or distract drivers.

  • Within restricted airspace, including near or over military bases, prisons, and forest fires.

  • Anywhere you may interfere with first responders

Fly Smart
Fly Safe
 

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