Drones Banned

[niles_phantom]

Hi everyone,

I understand where the FAA has no fly zones, restricted areas, etc. my question here has to do with cities banning them in their parks or other places.

The city/park still doesn’t own the air, so is that a gray area to fly there? Maybe you can’t take off within the park, but if you’re outside of the park physically, is that ok? I’m not looking to [Language Removed by Moderator] anyone off or flow at low altitudes, just trying to get some clarification on what we are legally allowed to do. The parks say drones Banned, but there’s a reason they don’t state they are banned at “x” altitude because they can’t legally state that, right?

Anyway, thanks for the advice everyone. Fly safe!

Niles

 

[Just_nick]

If the park says the drones are banned, don't fly it there, don't fly over there, etc. Trying to twist the intrinsic ambiguity of airspace and property ownership rights to justify flying there only gives other drone owners a bad reputation.
If you feel so confident in your ability to manipulate the wording, you can take the case to court and fight it there.

 

[Brother Dave]

I would think there are many variables, such as altitude, park acreage, whether you hover over the park, etc. I would think that a small park that you aren’t flying from, but just happens to be “in the way” of a route you are flying wouldn’t 1. Be able to identify your Drone. 2. Even notice the Drone passing by. 3. Have authority to regulate the skies, at height.
I’m sure there are several more examples and opinions, but there you have mine.

 

[niles_phantom]

If the park says the drones are banned, don't fly it there, don't fly over there, etc. Trying to twist the intrinsic ambiguity of airspace and property ownership rights to justify flying there only gives other drone owners a bad reputation.
If you feel so confident in your ability to manipulate the wording, you can take the case to court and fight it there.

Thanks for your response.

I’m not saying I’m going to. I fully respect the rules of parks that say they are banned and I do not fly in there if they are banned.

I completely agree it gives other droners a bad rap and will negatively impact the industry in the long run.

I was just asking if anyone knew the actual legality behind it.

I talked to one park ranger one day and he said he honestly didn’t care if I flew there or not as long as I wasn’t flying low or near anyone. Based on his response, it lead me to ask the question on here.

-Niles

 

[niles_phantom]

I would think there are many variables, such as altitude, park acreage, whether you hover over the park, etc. I would think that a small park that you aren’t flying from, but just happens to be “in the way” of a route you are flying wouldn’t 1. Be able to identify your Drone. 2. Even notice the Drone passing by. 3. Have authority to regulate the skies, at height.
I’m sure there are several more examples and opinions, but there you have mine.

Agreed. That’s kinda the gray area I was trying to get at. If your getting an above shot of the skyline or park at 300 feet, are you really in the park? As the other person stated, I can feel free to take my wording to court... but, I’m not trying to do that lol, hence why I was asking the question to hopefully get some clarification on the subject.

Thanks for your response!

-Niles

 

[paulmorel]

Drones banned = No Flyaways = people's safeness. Does this make sense?

 

[tcope]

This has been discussed hundreds of times. A search should give many answers to this question.

Cities and other location can make any laws that they want, legal or otherwise. They will claim that they can make laws that don't conflict with FAA regulations but it's ultimately up to a judge to determine if these laws are valid. You get before a judge in one of two ways. Sue the party that made the law or get cited and plead not guilty.

US Code should prevent anyone but the FAA from regulating any public airspace.

Towns, cities, parks, etc are all welcome to control the _people_ on their property. So a law/rule against someone using a drone on their property would be fine. This won't prevent you from flying over those areas in public airspace unless you violate another law, such as going beyond VLOS or becoming a safety issue.

 

[luis martinez]

Thanks for your response.

I’m not saying I’m going to. I fully respect the rules of parks that say they are banned and I do not fly in there if they are banned.

I completely agree it gives other droners a bad rap and will negatively impact the industry in the long run.

I was just asking if anyone knew the actual legality behind it.

I talked to one park ranger one day and he said he honestly didn’t care if I flew there or not as long as I wasn’t flying low or near anyone. Based on his response, it lead me to ask the question on here.

-Niles

In the US only the FAA regulates airspace. No local jurisdiction has authority over the airspace over a park so long as you are not taking off/landing inside their park. As other have mentioned don't start a conflict unless it is absolutely necessary to fly there.