Nags Head Drone Rules

[bullitt5561]

Hello All,

I was hoping for some clarification here. I plan to visit Nags Head this summer and want to do my due diligence. I found this when I googled it.

Unmanned Aircraft (Drone) Use - Town of Nags Head

Seems as if you can only fly between dawn and 9am and 7pm and dusk. Is that what you see?

Doesn’t this fall under Federal rules anyway? States, Counties and Townships can not make rules that supersede Federal rules right?

What’s even more confusing is there are two small airports nearby and they would need to be called. Didn’t see anything about that.

Also, they want you to contact the fire chief?

What gives?

 

[IrishmanPDX]

Actually states, Counties and Townships can implement laws that supersede federal laws, hence the whole "legalization" issue. Federal law makes it illegal to sell recreational drugs, however states are enacting their own laws. However Federal law is still in place when it comes to banking (hence such places are still stuck on a "cash only" type of deal).

Your local town could easily put in place a "no drone fly zone" if they wanted to. The legal article defines the local laws only, so you have to obey those AND Federal law (which means you still need to contact the airports also).

You can argue that you cannot be prosecuted under Federal law should you disobey the instructions given by Nags Head, but you can still be prosecuted under local laws should you choose to flaunt them.

 

[bullitt5561]

Actually states, Counties and Townships can implement laws that supersede federal laws, hence the whole "legalization" issue. Federal law makes it illegal to sell recreational drugs, however states are enacting their own laws. However Federal law is still in place when it comes to banking (hence such places are still stuck on a "cash only" type of deal).

Your local town could easily put in place a "no drone fly zone" if they wanted to. The legal article defines the local laws only, so you have to obey those AND Federal law (which means you still need to contact the airports also).

You can argue that you cannot be prosecuted under Federal law should you disobey the instructions given by Nags Head, but you can still be prosecuted under local laws should you choose to flaunt them.

Is it not Federal Airspace? I’m fine with following the rules if they are valid.

 

[IrishmanPDX]

It is Federal Airspace and you have to obey Federal law. However you also have to obey state and local laws which vary from state to state or town to town. You don't get to pick and choose which laws you follow. So in a town, if a local law is enacted and doesn't mention "you can't fly your drone 400ft AGL" for instance, it doesn't mean you can fly your drone as high as you like. You still have to obey Federal laws. Additionally, if the local law states "you can't fly your drone 200ft AGL" you don't say "Well I can fly it 400ft AGL according to state law" you have to obey the local law put in place.

 

[just_bruce]

It is Federal Airspace and you have to obey Federal law. However you also have to obey state and local laws which vary from state to state or town to town. You don't get to pick and choose which laws you follow. So in a town, if a local law is enacted and doesn't mention "you can't fly your drone 400ft AGL" for instance, it doesn't mean you can fly your drone as high as you like. You still have to obey Federal laws. Additionally, if the local law states "you can't fly your drone 200ft AGL" you don't say "Well I can fly it 400ft AGL according to state law" you have to obey the local law put in place.

The FAA has Federal Supremacy. The FAA even has a Fact sheet for States and Municipalities. http://www.faa.gov/uas/resources/uas_regulations_policy/media/uas_fact_sheet_final.pdf

The City of Chicago already learned about this: Antonelli Law Successfully Defends Part 107 Pilot in Chicago Drone Ordinance Case - sUAS News - The Business of Drones

That one is written by a lawyer, so you can believe it.

 

[bullitt5561]

Thank you for the clarification. Let’s hope the Fire Marshall likes drones and people who ask first fly later.

 

[Wetstone]

The local laws can ONLY prohibit launches and landings within their boundaries. Very different from federal airspace rules over which the FAA has primacy. But just as much if a PITA.

 

[drislio]

The legal analysis is off: states can make their own laws, what the federal govt can do is specifically enumerated in the Const. Without double checking, the ability to regulate airspace, to delegate to the FAA, etc, originates in the commerce clause. The fact that the feds regulate airspace above 400ft likely originates there as well.

All other rights remain vested in the states, so localities can pass ordinances about nuisance etc.

 

[just_bruce]

The FAA has authority over the entirety of the National Airspace, not just that which is over 400 feet AGL.

The Supremacy doctrine would be a worthwhile read:

The Supremacy Clause and the Doctrine of Preemption - FindLaw

And for those interested, another excellent read:

http://www.readingtontwp.org/Solberg_Federal-State_Role.pdf