UPDATE: IT'S DEAD! New York State Has Proposed Legislation That Will Hurt UAV Operators

[LuvMyTJ]

New York State has proposed legislation is that it would prohibit flying above 400 feet and below 100 feet. It would also prohibit flying of unmanned aerial systems (AKA - model aircraft) over 10 pounds. In addition, this legislation defines a "restricted airspace" as any airspace within five miles of an airport. Use the link and click the blue box on the right side with the 'NAY' button then add your name. If this law passes it is only a matter of time before other states follow suit. Even if you live in another state, help stop this from passing!

USE THIS LINK >>> NY State Senate Bill S1979

Below is a copy of the letter from AMA...

Dear members,

We are writing for your help regarding potentially harmful legislation that the New York State Senate is considering. If passed, this legislation - Senate Bill 1979 - would significantly impact how those in New York fly model aircraft.

Our main concern with this proposed legislation is that it would prohibit flying above 400 feet and below 100 feet. It would also prohibit flying of unmanned aerial systems (AKA - model aircraft) over 10 pounds. In addition, this legislation defines a "restricted airspace" as any airspace within five miles of an airport, which could negatively impact AMA members.

The proposed legislation does include a vague exemption for existing federal law, however we are working with the New York State Senate to include a much clearer exemption for those flying under the Special Rule for Model Aircraft, including AMA members.

AMA needs your assistance to stop any new regulations on modelers in New York State, and we're asking for your help to oppose this bill. To do this, simply visit the
York State Senate website and where it says "Do you support this legislation?" click on "NAY" in the blue box on the right side of the webpage. You will then be asked to provide your name, email and home address to submit your vote. Please also spread the word to your friends, family and local community and encourage them to vote "NAY" to this potentially harmful legislation.

The District II AMA officers and those at AMA headquarters are actively working with the New York State Senate to improve the proposed legislation and protect our hobby. We will keep you updated as the legislation progresses.

Kind regards,

The AMA Government Affairs Team

 

[Pedals2Paddles]

Not flying below 100 feet only applies when above private property without permission from the property owner. Just clarifying.

Anyway I'm not sure how NYS even has the legal authority to define or restrict airspace. I don't think they can do that.

 

[LuvMyTJ]

Not flying below 100 feet only applies when above private property without permission from the property owner. Just clarifying.

Anyway I'm not sure how NYS even has the legal authority to define or restrict airspace. I don't think they can do that.

That is factual... the problem is all land in NYS is owned by someone, so in a sense, it will prevent most everyone in NYS from flying under 100'.

 

[Maddog]

That is factual... the problem is all land in NYS is owned by someone, so in a sense, it will prevent most everyone in NYS from flying under 100'.

In the past, federal courts have ruled that only the FAA can restrict the use of any airspace including that above private property.

Most of the land in any city is owned by private owners, not any government, so I think the private property clause is too overreaching.

Umm, how do you get from the ground to 100'?

 

[Pedals2Paddles]

Presuming you're not trespassing, you're taking off from your own property or property you have permission to fly on. But once you fly over the property line, you need permission or to be above 100ft.

I agree they're making a law they have no legal authority to make.

 

[Maddog]

Presuming you're not trespassing, you're taking off from your own property or property you have permission to fly on. But once you fly over the property line, you need permission or to be above 100ft.

I agree they're making a law they have no legal authority to make.

So, in theory then, you could only take off from your own property or property you have permission to be on?

I didn't read the entire proposal so would you need permission to take off from a public park?

 

[Pedals2Paddles]

The law only references private property. If you're on someone else's private property without permission, you're already trespassing

 

[treesmokingdroneflyingguy]

What sucks even more is that you can't even send a message to the Senate if you're not a resident of NY
I really don't understand why states have to try and take control of FEDERAL laws.

 

[Mauiwind]

The entire airspace above the United States is the exclusive purview of the Federal Government. No Municipality, city, State etc. can supercede the Federal governments control of that airspace. That isn't to say that some place might make a law in an attempt to control the airspace, but it'll be thrown out in court. There are no if ands or but about who can and cannot control the airspace.

Why only one authority? Imagine you're flying over the country and you have to look up city airspace maps to determine where you can and cannot fly and under what conditions, etc. It'd be a nightmare. UAVs are aircraft, just like any other. The Feds have their laws and those are the only ones that matter in the airspace.

Here on Oahu,I testified at a senate hearing relating to such improper legislation. It was dropped like a hot potato.

 

[davenfs]

I live in upstate ny and certainly not surprised by this bs. As far as I'm concerned I will fly my drone under 100' anywhere I darn well please besides the normal laws like... not within 5 miles of airport, government agencies, jails etc.. So they can kiss my @ss!

 

[LuvMyTJ]

It has failed to make it to the floor! Thanks to those who helped make this happen!

Dear Members,

We are writing with good news regarding a potentially harmful piece of legislation proposed by the New York State Senate. As of now, New York Senate Bill SB1979 will not be moving forward to a vote on the floor this session. I appreciate the recent efforts of our AMA members, friends, and families in responding to legislation harmful to our hobby.

Rest assured your AMA District II Officers and the AMA Government Affairs team will continue direct advocacy with elected officials to preserve our hobby. It is your collective voices, as both constituents and safe modelers, which serve as the driving force in the perceptions and decision making of elected officials.

We will continue to monitor New York legislation, and may need your help again if this bill or similar bills are introduced in the future.

As always, thank you for supporting model aviation.


Sincerely,

Eric Williams
Vice President, District II
518-356-2057
Academy of Model Aeronautics