Can the police tell me i can't fly my drone in a park
- Thread starter Dan Reynolds
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I
My consideration was limited to whether local law enforcement member might meet the definition of FAA authorised inspector. The card could fall within the broad definition of evidence.
Ok that verifies that local law enforcement does not have any legal right to see the UAS pilots license and cannot enforce FAA regulations, only an FAA authorized inspector (which clearly this document shows the police are not) can really demand or seize that.
My goal here is not to fly in places where we are not welcome. That ruins it for everyone. But if I am flying within my legal rights and there are not posted signs I simply would like to have something researched and prepared in advance so I could explain to anyone including law enforcement why I am conducting UAS operations in a certain location.
The card is absolutely not evidence. Unless you were using your card to stab someone.... or something like that.
Of course it could be evidence...... Imagine if you left your drone on a park bench and someone found it. if the card was in he backpack it could be evidence to assist in identifying you as the owner.
Not at all. It's called illegal search and seizure. If it's in my pocket they need a warrant. I asked a Police officer and he confirmed it. Even the document posted on this thread confirms it. Now, he can ask for it, and if I voluntarily give it to him, sure it's evidence.
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You are reading too much into what I am saying. I said the card could be considered evidence in certain circumstances. I am not saying anything about whether you are compelled to produce it to a police officer.
alokbhargava
Premium Pilot
If I face such situation, I would take down my drone first, then talk to them to figure out more about their objections for not allowing me to fly.
I know you are not allowed to fly in most of the national parks, parks that have natural resources such as water reservoirs and also the parks with many people around.
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I know you are not allowed to fly in most of the national parks, parks that have natural resources such as water reservoirs and also the parks with many people around.
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Attached document, page 2 (i.e. reverse side), at the top, highlighted in red:
Required documents must be in operator’s possession and presented to law enforcement upon request per 49 U.S.C. 44103(d)
https://www.gpo.gov/fdsys/pkg/USCOD...itleVII-partA-subpartiii-chap441-sec44103.pdf
Required documents must be in operator’s possession and presented to law enforcement upon request per 49 U.S.C. 44103(d)
https://www.gpo.gov/fdsys/pkg/USCOD...itleVII-partA-subpartiii-chap441-sec44103.pdf
However, 49 U.S.C. 44103(d), states (emphasis is mine):
That basically says you have to show them your FAA number that is affixed to your aircraft. This makes no mention of an FAA certification card.
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Here's the law for Pinellas County Florida. It's pretty clear.
Aircraft. No person operating, directing, or responsible for any airplane, helicopter, drone, glider, hang glider, hot air balloon, dirigible, parachute or other aerial apparatus, including those radio controlled or otherwise unmanned, shall take off from or land in or on any county-owned or managed land, except for purposes of public safety or where written permission has been obtained from the administrator or designee.
Looks like I need to find a place not county-owned or managed to take off and land if I want to shoot video of a beautiful local park.
Aircraft. No person operating, directing, or responsible for any airplane, helicopter, drone, glider, hang glider, hot air balloon, dirigible, parachute or other aerial apparatus, including those radio controlled or otherwise unmanned, shall take off from or land in or on any county-owned or managed land, except for purposes of public safety or where written permission has been obtained from the administrator or designee.
Looks like I need to find a place not county-owned or managed to take off and land if I want to shoot video of a beautiful local park.
Schnoidz,
Not really, it means if yo u talk to the park director and outline what you'll do, when, etc. and work something out, he may give you written permission to do the flight. I'd advise to ask if they have a park website, a high quality video of the area would be an addition to that site, offer to share the video for nothing. You won't lose anything if they say no, but if you come to an agreement ....
As tot eh overall thread:
Let's cut to the chase here.
Investigate where you are going to fly beforehand, don't assume you can.
We can argue all day on who's right, legal, etc. But in the end, trust me, both the Police, and the FAA (welcome non pilots to the fracas) can and will devise ways to make your life terrible should you wish to press a point. Those of you who are only UAS pilots, I warn you now on the FAA, slow, but if you make it an attitude issue, you're in for a rude Federal awakening. (Any of my Full scale pilot brethren care to supplement here?)
As another poster said:
Stay calm.
Land. (Inform them that you are not ignoring them, but landing SAFELY so that you may speak to them)
Until you speak to them and give them the respect they do deserve, you don't needlessly by way of a bad attitude reflect poorly on everyone else to whom they may approach next.
Inquire as to the situation.
Resolve as necessary.
Chances are most of the time that it may be a park rule, not anything else. You also never know, some civilian may have called them saying "That thing is flying near me peeking in our windows" even when you haven't.
Not really, it means if yo u talk to the park director and outline what you'll do, when, etc. and work something out, he may give you written permission to do the flight. I'd advise to ask if they have a park website, a high quality video of the area would be an addition to that site, offer to share the video for nothing. You won't lose anything if they say no, but if you come to an agreement ....
As tot eh overall thread:
Let's cut to the chase here.
Investigate where you are going to fly beforehand, don't assume you can.
We can argue all day on who's right, legal, etc. But in the end, trust me, both the Police, and the FAA (welcome non pilots to the fracas) can and will devise ways to make your life terrible should you wish to press a point. Those of you who are only UAS pilots, I warn you now on the FAA, slow, but if you make it an attitude issue, you're in for a rude Federal awakening. (Any of my Full scale pilot brethren care to supplement here?)
As another poster said:
Stay calm.
Land. (Inform them that you are not ignoring them, but landing SAFELY so that you may speak to them)
Until you speak to them and give them the respect they do deserve, you don't needlessly by way of a bad attitude reflect poorly on everyone else to whom they may approach next.
Inquire as to the situation.
Resolve as necessary.
Chances are most of the time that it may be a park rule, not anything else. You also never know, some civilian may have called them saying "That thing is flying near me peeking in our windows" even when you haven't.
Thanks RW-1. I'm actually on good terms with the park director and have in the past supplied him with (ground based) photos of a nesting pair of Osprey. I'm a very polite person and although I'm 60 and still look like a leftover from the 60's, I've never been harassed by the police. I've had encounters with them but my polite non-confrontational manner has always made it a pleasant encounter.
I'll be hitting 52 in 5 days myself, though that ex-Navy Maverick look hehehe, with silver hair
Yup, that's the key in dealing with site locations.
Guys, I used to fly my Gas Heli everywhere, but the key to getting away with it is: Attitude. Please just remember that.
That said, anyone who wants to get me a P3A or P3P for my B-Day I won't mind, I'll even give you my P3S
Guys, just about every (non-sUAS) pilot has been taught the rules about presenting credentials to LEO's. At least I was when I got my PPL. Let's take a look at the FAA regs. Specifically 14 CFR 61.3 "Requirement for certificates, ratings, and authorizations". and jump down to 61.3(l)(3):
Inspection of certificate. Each person who holds an airman certificate, medical certificate, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:
(1) The Administrator;
(2) An authorized representative of the National Transportation Safety Board;
(3) Any Federal, State, or local law enforcement officer; or
(4) An authorized representative of the Transportation Security Administration.
So according to this rule if do have an airman certificate you need to show it to them, if they request it.
Inspection of certificate. Each person who holds an airman certificate, medical certificate, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:
(1) The Administrator;
(2) An authorized representative of the National Transportation Safety Board;
(3) Any Federal, State, or local law enforcement officer; or
(4) An authorized representative of the Transportation Security Administration.
So according to this rule if do have an airman certificate you need to show it to them, if they request it.
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I usually spit at them and unleash a tirade of profanities. It's a good way to get a free portrait for my Christmas cards. They call it something silly like a "mugshot", but hey, a free portrait is a free portrait (except for the black eyes and taped up nose).
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