Can the police tell me i can't fly my drone in a park

[chazzm]

I believe I'd just say I'm sorry I will land and go somewhere else, investigate it later if you find evidence that you can go back with printed proof your allowed to fly there, and go from there.

 

[Not A Speck Of Cereal]

1) Typically, when a public place doesn't permit flying, it is posted. That would have been a valid question to ask if that was the case, even while you using the good sense to comply by landing and packing up the craft.
2) If the bridge was your desired subject, you could just launch from a point outside the park to shoot it.
3) Some "parks" are not just parks, but part of a larger infrastructure. I've been booted from a public place that is controlled by the Army Corp of Engineers. It was indeed posted, the man was kind enough to point out without me even asking, as he politely ushered me to the park entrance. You should always be careful with your ego around places that the DHS is keeping an eye on.

Chris

 

[Mark The Droner]

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).

There was a guy at the football game that spit on a cop. Judge gave him six months.

 

[MacCool]

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.

You can be entirely within FAA regulations but still violate local ordinances. You can protest to the cops all you want. In most cases, they won't argue with you...they'll let you argue it with the judge. Maybe you'll prevail, maybe not, but as they say..."you might beat the rap, but you won't beat the ride".

 

[dg8882]

The way i see it, if you want to get 100% technical with it, a local police department can't tell you not to fly in the air because the air is controlled by the FAA, not the police. Police can however tell you where you are not allowed to take off or land because that is happening on the ground, where they have authority.

This summer, I wanted to take my standard to record my town's fireworks for the 4th of July. I emailed my town hall, assuming they could tell me regulations they had, but they referred me to the police department. I emailed the police and an officer responded to me saying they do not have control over the use of drones on public property and I should talk to the FAA with any questions.

 

[knowonecares]

Check the rules of the ground location you are at (Park Rules).

If they don't allow aerial vehicles, then yes, you can be asked to leave.

Now that said, if there is another undeveloped area near the bridge you can launch from, then launch from there. But you are playing in a gray area IMO.

Whether or not Reg 107 requires you to show your licence or not, you are opening yourself to a bad time of things if you want to play the "You cant tell me that I can't ..."

I'm a newbie. Before multi-rotors changed the RC flying world, where would you guys fly if you were not flying at a legal flying field? Would you launch it from in front of your home and buzz around the neighborhoods? Strap a camera on it and check out the scenery? Are there places on the internet that will specifically list Where We Can Fly?

 

[Mark The Droner]

The way i see it, if you want to get 100% technical with it, a local police department can't tell you not to fly in the air because the air is controlled by the FAA, not the police. Police can however tell you where you are not allowed to take off or land because that is happening on the ground, where they have authority.

This summer, I wanted to take my standard to record my town's fireworks for the 4th of July. I emailed my town hall, assuming they could tell me regulations they had, but they referred me to the police department. I emailed the police and an officer responded to me saying they do not have control over the use of drones on public property and I should talk to the FAA with any questions.

Yes. An excellent example is National Parks. The NPS actually went to the trouble to specifically state that flying in their park is not against the rules. But launching or landing is. They actually wrote it that way in the NPS National Park rules to be crystal clear. TJ posted a link some time ago. I don't have it.

But what the OP was concerned about was if he had to cooperate with a police officer if confronted, and I think it's clear the answer is yes for reasons already stated, attached, and linked.

 

[knowonecares]

Yes. An excellent example is National Parks. The NPS actually went to the trouble to specifically state that flying in their park is not against the rules. But launching or landing is. They actually wrote it that way in the NPS National Park rules to be crystal clear. TJ posted a link some time ago. I don't have it.

But what the OP was concerned about was if he had to cooperate with a police officer if confronted, and I think it's clear the answer is yes for reasons already stated, attached, and linked.

Let's follow thru on this logic: I cannot take off or land from inside a National Park, legally. Can I take off and land from the street just outside this park, legally? I'm trying to avoid Any and All authorities, I just want to fly legally. (or are their too many gray areas in the laws to really know?)

 

[pe9999]

The reason I think this is not correct is because on the UAS exam one of the questions was who are you required to present your license to, and the options were

1-FAA authorized inspector
2-any person of authority
3-local law enforcement

And the correct answer was 1.


Sent from my SM-G935V using PhantomPilots mobile app

FAA requires federal, state and local authority to investigate any vehical incident and to enforce the law So, at the end of the day, local law still the law you need to follow. This was asked and answered by a FAA webinar last month.

 

[MacCool]

Let's follow thru on this logic: I cannot take off or land from inside a National Park, legally. Can I take off and land from the street just outside this park, legally? I'm trying to avoid Any and All authorities, I just want to fly legally. (or are their too many gray areas in the laws to really know?)

Sure, as long as it doesn't violate any local, county, or state ordinances. But doing so doesn't prevent the possibility of law enforcement contact. If someone complains, you're going to have a conversation with the cops. The police officer's knowledge of the law regarding drones in his/her jurisdiction and the way you deal with that encounter is going to determine whether you get to A) keep flying, B) pack up and go home, C) get a citation and pack up and go home, or D) get a ride downtown and your drone lives at the police station for awhile.

It doesn't depend on what the law is, or what you think it is. It all depends on what the police officer thinks it is.

 

[Squirrel!]

Yes, and they might tase you to.

 

[MikeK]

While my attention has been focused on the results of advancing technology I've been ignoring the incremental shrinking of the allowably accessible sky. It seems the more popular our hobby becomes the less available are places to participate -- unless one lives somewhere in the uninhabited wide open spaces of the southwest or the California desert.

I live in a rather large retirement community where there are a few good places to take off and land a drone -- which I'd been doing for about the past year. But recently I learned that another resident (I don't know who) piloted a drone right into a group of seniors on the bocce court. Evidently, and luckily, it was a toy-grade drone which caused no injuries to the party who was struck by it. But a complaint was lodged and last week a rule was announced forbidding the flying of "hobby aircraft of any kind" anywhere within the Village boundaries.

So now I must start looking around for a place within reasonable driving distance, which is something I'm not looking forward to doing here in the increasingly crowded central New Jersey area where every main road has effectively become a bumper-to-bumper conveyor belt.

I'm much too old to think about moving, but I want you folks who live in the wide open spaces to know how much I envy your good fortune.

Less is more.

 

[Mark The Droner]

Bad luck.

Get a 107 and you can fly as a non-hobby aircraft

 

[Dpanetta]

I was confronted by the police in a similar situation . The park I wanted to fly in (I was getting ready to fly) was well within safe zones to fly, far away from any airport and there were no public events to be worried about. Of course I complied with the police instructions, but I asked why. I think the officer was sympathetic and probably saw I was a fireman from my license plate on my car. He explained that there is a very high EM interference source nearby, and it has been identified as the source of many RC crashes in the area. I had not checked the air for EM interference yet. But I did with the officer next to me. we were both stunned just how high the interference was! So I guess the motto to Protect and Serve paid off for me in a big way that day. I am sure had I launched my P4 in that park, I would have lost it.

 

[Ron Koch]

I was recently photographing a bridge in a park and the police stopped me and told me that drones were not allowed in the park. Do the police have the authority to tell me that I cannot fly my drone since they do not control the airspace. If I'm flying with a legal license and authorization from the FAA control facility can I continue to operate my drone? The unmanned aircraft Pilot's Handbook says I am not required to present my license or certifications to just any official Authority only an FAA authorized inspector

Sent from my SM-G935V using PhantomPilots mobile app

This depends upon a lot. First, is there a city or state ordinance that prohibits it? Is it a federal / National park? If so, FAA rules prohibit it. Are you flying over people? Are you complying with FAA restrictions. My advice, as a police officer with 26 years experience, is to always follow the officers orders. Officers do make mistakes. If they are in error, contact higher authority and let them correct the issue.

 

[Mark The Droner]

...Is it a federal / National park? If so, FAA rules prohibit it.....

Please provide a link.

It's been established long ago that flying in a National Park is perfectly legal. Unless something has changed recently...

It's launching and landing in a National Park that is against the rules.

 

[NRJ]

Yes they can, in certain circumstances. They can also direct you to land the AC. While they don't, as you have said "control the airspace" they could sight plenty of other acts they have authority to administer including those relating to Public Order, Protection from Harassment, Sexual Offences, Terrorism, breach of the peace, public nuisance etc. You are best to explain your intent to land (probably, as I chose to do, explain you will be walking away from them to bring the AC in at a safe distance) and that you will then have a conversation with them. In my case it was not police (council ranger) and to cut a long story short the outcome was that in his view I probably wasn't allowed to fly where I was however he accepted he couldn't explain why or sight a particular offence. He suggested I enquire with council as to the regulations. Which I didn't and haven't had an issue since. I was over water, did not fly over people or within 30m of any buildings, cars etc and was within VLOS (sort of). Didn't matter who was wrong it wasn't, in my view, worth the hassle of an argument.

I would think (unless you piss them off), even the police wouldn't be that stupid. 'Protection from harrassment'? Cmon, just scare the hell out of this pilot. Sheesh. MyGosh!!!!! Where do you live??

 

[NRJ]

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.

I think you are thinking too much into what the OP was asking.

 

[NRJ]

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.


Sent from my iPhone using PhantomPilots

You're right and animals are a big concern for the National parks too.

 

[With The Birds]

I would think (unless you piss them off), even the police wouldn't be that stupid. 'Protection from harrassment'? Cmon, just scare the hell out of this pilot. Sheesh. MyGosh!!!!! Where do you live??

I gave some simple examples of potential offences that are within the jurisdiction of police to allege. My point was police may sight offences with respect to drone use that have nothing to do with FAA regs/ I don't recall suggesting any of the examples I provided were likely.