Drones Confiscated in New York City

athearnsd45 · Apr 19, 2020

There has been some debate in the past on these forums concerning the legality of flying within the city limits of New York. The city states that it's illegal to fly there; others maintain it's a "regulation" vs. a "law, " whatever that means. Regardless, apparently two photographers attempting to photograph a mass burial scene on the city's Hart Island have been cited and their drones confiscated by undercover police. Checking Airmap and B4UFly, the island seems in the clear from an FAA perspective (Class G airspace there), but it is also clearly within New York city limits. The guy featured in this article flew in from nearby City Island, which is about 7/10 of a mile away across open water (also in city limits). This is all pretty grisly, but I suppose from a newsgathering perspective (they claim to be photojournalists), they had valid reason to be doing what they did. Next time, hiring a plane and pilot from a local airport would probably work out better for them.

NYPD seizes drone documenting mass Hart Island burials amid coronavirus

Aerial photographer George Steinmetz, who has an FAA license to fly a drone, had launched the $1,500 device from a City Island parking lot Wednesday morning to film the somber work on Hart Island w…

nypost.com

Capt KO · Apr 20, 2020

Sad but true. Dronaphobics

jefti · Apr 20, 2020

athearnsd45 said:
There has been some debate in the past on these forums concerning the legality of flying within the city limits of New York. The city states that it's illegal to fly there; others maintain it's a "regulation" vs. a "law, " whatever that means. Regardless, apparently two photographers attempting to photograph a mass burial scene on the city's Hart Island have been cited and their drones confiscated by undercover police. Checking Airmap and B4UFly, the island seems in the clear from an FAA perspective (Class G airspace there), but it is also clearly within New York city limits. The guy featured in this article flew in from nearby City Island, which is about 7/10 of a mile away across open water (also in city limits). This is all pretty grisly, but I suppose from a newsgathering perspective (they claim to be photojournalists), they had valid reason to be doing what they did. Next time, hiring a plane and pilot from a local airport would probably work out better for them.

NYPD seizes drone documenting mass Hart Island burials amid coronavirus

Aerial photographer George Steinmetz, who has an FAA license to fly a drone, had launched the $1,500 device from a City Island parking lot Wednesday morning to film the somber work on Hart Island w…

nypost.com

There may be some SFR or SFRA in place. I was on Long Islands sound and wanted to take some video of either the Throgs Neck or Whitestone bridges. Well I knew the Whitestone was a lost cause as it's too close to LaGuaria airport, but I was surprised that I could not video the Throgs Neck bridge which was clearly more than 5 miles from the airport. I know there are coast guard post on both the Queens and Bronx side of the bay so I suspect that had something to do with it. Just a thought

athearnsd45 · Apr 20, 2020

No SFRA shows up on B4UFLY, but who knows. Throgs Neck is right on the fringe of Class B. The Bronx side on the west is in the airspace, the Queens side looks OK.

Bone4Drone · Apr 20, 2020

You just need to remember that it's New York. Anything that either looks good, feels good, tastes good, or just plain fun is illegal in NYC. So, you need to be creative. Buy some grey colored fur and make your drone look like a really big rat. Nobody in New York would pay any attention to a gigantic rodent that can fly... so can flying squirrels, ya know. Give it a try and I think you'll find you can fly anywhere you want with no harassment.

bsartist · Apr 21, 2020

The issue in this case is that NYC has a statute that says:

c. Take offs and landings. It shall be unlawful for any person
avigating an aircraft to take off or land, except in an emergency, at
any place within the limits of the city other than places of landing
designated by the department of transportation or the port of New York
authority.

DoomMeister · Apr 23, 2020

Time to apply to the FAA for your property to be classified as a heliport. Then NYC can go whiz up the downspout.

Dallas Drone Guy · Apr 25, 2020

Do these rules apply to a mavic mini? I am a part 107 phantom 4 Pro pilot, but contemplating a mavic mini so I could still fly in the ambiguous territory to try to avoid the headache. Of course I respect helipad and airports, but confiscating drone because of photographing things that the government doesn't want you to see, well that makes me want to tell the officials that they are number one if you know what I mean

MPPilot · Apr 25, 2020

Does this mean you can launch/land at a heliport that currently has no traffic?

bsartist said:
The issue in this case is that NYC has a statute that says:

c. Take offs and landings. It shall be unlawful for any person
avigating an aircraft to take off or land, except in an emergency, at
any place within the limits of the city other than places of landing
designated by the department of transportation or the port of New York
authority.

MPPilot · Apr 25, 2020

The only difference between a mini and other DJI drones is it does not require registration UNLESS you are a 107 pilot AND you are using the mini in the furtherance of a business. All other rules apply.

Dallas Drone Guy said:
Do these rules apply to a mavic mini? I am a part 107 phantom 4 Pro pilot, but contemplating a mavic mini so I could still fly in the ambiguous territory to try to avoid the headache. Of course I respect helipad and airports, but confiscating drone because of photographing things that the government doesn't want you to see, well that makes me want to tell the officials that they are number one if you know what I mean

bsartist · Apr 25, 2020

MPPilot said:
Does this mean you can launch/land at a heliport that currently has no traffic?

I’m not a lawyer. Nor do I even play one on TV. But my guess would be that you might be in technical compliance with *this* law. But what else might you run afoul of? Esp wrt the FAA. How do you know that there won’t be traffic in ten minutes? I suspect you would need to get authorization from the FAA to fly around a helipad intended for manned flight.

Russ43Phantom · Apr 25, 2020

The question in populated areas is a concern for flying over people and busy, traffic filled roadways. It seems drone flying more and more limited each day until you get to rural America. Then, there is over regulation in National Parks and Forrests. We all pay taxes and there should be at least specified flying time in national, tax funded locations.

droningandmore · Apr 25, 2020

I recall Casey and other YouTubers flying out of a boat from the river, saying that was not under the City’s regulation. Did that change?

bsartist · Apr 25, 2020

droningandmore said:
I recall Casey and other YouTubers flying out of a boat from the river, saying that was not under the City’s regulation. Did that change?

I believe they must have been mistaken.

DoomMeister · Apr 25, 2020

bsartist said:
I’m not a lawyer. Nor do I even play one on TV. But my guess would be that you might be in technical compliance with *this* law. But what else might you run afoul of? Esp wrt the FAA. How do you know that there won’t be traffic in ten minutes? I suspect you would need to get authorization from the FAA to fly around a helipad intended for manned flight.

Not if it is in Class G airspace, but you must give right of way to any manned aircraft. Could be very busy depending on the heliport. You would have to have permission from the owner of the port to use it.

If you have your own property classed as a heliport you are the controller and have the say as to who is allowed to use it.

Osmosis · Apr 26, 2020

bsartist said:
The issue in this case is that NYC has a statute that says:

c. Take offs and landings. It shall be unlawful for any person
avigating an aircraft to take off or land, except in an emergency, at
any place within the limits of the city other than places of landing
designated by the department of transportation or the port of New York
authority.

If they took off from property they own or have legal rights to, you wouldn't think NYC could place restrictions on take offs and landings (assuming FAA regulations were met). However, Its NYC, and nobody challenges the "Authorities". This is becoming the new norm.

droningandmore · May 23, 2020

3m 40s

(vídeo is 1 year old, so regulations could have changed)

Dallas Drone Guy · May 23, 2020

In the past 12 months drones have become much safer with stronger connections and better obstacle avoidance. 2020 DJI drones will have ADSB-in, thousands and thousands more drone pilots have been formally educated as part 107 Pilots, and existing Pilots have yet another year of experience under their belt. I don't understand the justification for being more strict. Shouldn't the facts I noted above make the case to leave things the same or even relax restrictions? Is the excuse "safety"?
Sheesh. Not buying it!

ArnoldLeVine · Jun 29, 2020

From what I read, DJI consumer drones have (or will have) ADS-B receivers that receive signals from aircraft and helicopters and warn the pilot of the proximity. But not transmitters. Is this accurate?

bsartist · Jun 29, 2020

droningandmore said:
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3m 40s

(vídeo is 1 year old, so regulations could have changed)

What this video (and others showing drone flights over the Hudson River, NY Harbor and East River don’t take into account (pilots likely unaware of) is that there is an SFRA covering that airspace. While it’s meant to be an “exclusion” from class B airspace, there are rules pilots must comply with. These rules are such that they are impossible to comply with using a drone and to me that says you can’t fly one.

Have a look: