Illegal to fly under 400 foot?

[GoodnNuff]

lol, you have WAY too much faith in gubbment.
How many people fly that high AND GET ARRESTED?
Not that I would do it or recommend it, but government agents aren't standing on every potential flight location waiting to bust people

Folks, PLEASE don't go over 400 ft. "Please"
(being nice is better than threatening folks)

I am advising he follow the law not because I fear that an FAA agent is in the adjoining field with an "Altimeter Gun" or whatever they may have to gauge altitude. I'm am advising he follow the law to avoid an incident that could result in damage or injury to a manned aircraft. We all know that we are supposed to remain below 400 feet because above that is where manned aircraft are.
Now JKD this is where you reply with something akin to "Well a frozen goose does nothing to a jet engine" or "have you ever heard of an accident caused by a drone?"
Regardless, there is no point in advising someone to break the law when doing so could have far worse consequences than obeying the law does. And eventually it will probably happen, I won't encourage it, and neither should other forum members. A drone into a Cessna could certainly result in some damage. Just don't do fly above 400 feet unless you have permission from the FAA (which is possible, AMA groups do it with permission).

Call me a wuss (shrugs shoulders), I call myself responsible.

 

[JKDSensei]

I am advising he follow the law not because I fear that an FAA agent is in the adjoining field with an "Altimeter Gun" or whatever they may have to gauge altitude. I'm am advising he follow the law to avoid an incident that could result in damage or injury to a manned aircraft. We all know that we are supposed to remain below 400 feet because above that is where manned aircraft are.
Now JKD this is where you rely with something akin to "Well a frozen goose does nothing to a jet engine" or "have you every heard of an accident caused by a drone?"
Regardless, there is no point in advising someone to break the law when doing so could have far worse consequences than obeying the law does. And eventually it will probably happen, I won't encourage it, and neither should other forum members. A drone into a Cessna could certainly result in some damage. Just don't do fly above 400 feet unless you have permission from the FAA (which is possible, AMA groups do it with permission).

Call me a wuss (shrugs shoulders), I call myself responsible.

You made my point. Thanks.
What we need is RESPONSIBLE PEOPLE......not more government to control them

Would "responsible wuss" be ok ?

 

[SanCap]

At least PA allows flights in some State Parks. PA DCNR - Drones and UAS

 

[Lonewolf]

When you run across a cop (even a "Top Cop", who feels they are right)...shoving documents in their face and pressing your point usually has one ending....and it's usually not good for the other person right or wrong.

Again, the "best" course of action is to go to the Chief's BOSS....and in a friendly manner present your documents and case to them.
If they feel you are right, you will never need to confront that Chief again....plus...he'll be on notice to steer clear of any more potential harassment.
Win / Win

Oh? So you feel stepping over the officer & going to his boss is better? Perhaps you haven't been in the work force very long. Because, that usually is the worst thing to do. Present your facts/argument to the person who warned you first. Then if no resolution is made, you can go to the next level in the hierarchy.

 

[ianwood]

Airspace is the sole jurisdiction of the FAA. Federal preemption prohibits a city, state or municipality from regulating airspace although many have enacted laws despite this. FAA regulations DO NOT protect you from local privacy and endangerment laws.

Most LEOs do not understand much of what I've just written.

 

[JKDSensei]

Oh? So you feel stepping over the officer & going to his boss is better? Perhaps you haven't been in the work force very long. Because, that usually is the worst thing to do. Present your facts/argument to the person who warned you first. Then if no resolution is made, you can go to the next level in the hierarchy.

Ok, so you feel that having an unreasonable officer bash your head to the ground, taze or shoot you is better?

Apparently, the OP was confronted with an unreasonable Chief. Read the OP once again.

The cop discussed in this thread seems unreasonable
Not only unreasonable, but ignorant of the law as well.
Yes, I would go right over his head. He is not my boss and as a law abiding citizen I deserve more respect than that and so did the OP
Your advice gets people arrested, charged with nonsense or worse yet....killed. You do not challenge an unreasonable cop.

I have in FACT done just this. A cop in my town was harassing me. Me and many others. He was a jackass known by many
Last time he pulled me over I went to the Lt. I showed the Lt my documents and the next day the officer called me and apologized. During that call I put him on notice that if he interacted with me again, he better have his things in order because a lawsuit would follow. Never once had another trouble from that cop.

I would highly recommend to anyone being harassed by an unreasonable cop to lay low and bide your time then go directly over his head as far as you need to. Do not be afraid to contact the State's Attorney General and or Governors office if you feel threatened unreasonably.

I'm not speaking from a legal stand point, I'm speaking from life experience.

 

[BigAl07]

If I were in your shoes (not a lawyer at all but have dealt with somewhat similar instances before) you're much better off trying to use honey and diplomacy to get the facts to the correct people.

Do your research and get all of the "official" (not from a forum) documents in hand. Then see if you can meet with someone on the town board. Find out if they have anything "pending" in terms of drone regulations and get a feel for what they think. Then offer to share your findings with them to help "improve" Done Safety and Public Privacy Issues in the community. Always present it in a way that benefits the community and not your own self interests.

If it gets crazy you can contact your local FAA FSDO and get something in writing from them. The local newspaper just did a huge article on Drone Use in our area and had the FSDO quoted several times with statistics in regards to "regulations" and "enforcement".

It may take time but everyone involved is better off when you're all playing from the same set of rules.

 

[JKDSensei]

Crazy that a hobby has come to any of this.

 

[ianwood]

After only two months, there are more drones registered with the FAA than there are full-scale aircraft. To say drones are new and disruptive is an understatement.

 

[JKDSensei]

Maybe the FAA needs to be abolished and a new FUAVA (Federal UAV Administration) needs to be created. Nothing smart *** intended. The letters just came out that way

 

[Skywalker]

After only two months, there are more drones registered with the FAA than there are full-scale aircraft. To say drones are new and disruptive is an understatement.

That's hard to believe. What's your source? (I'm assuming you mean more drone pilots registered, since drones aren't registered individually.

 

[GoodnNuff]

That's hard to believe. What's your source? (I'm assuming you mean more drone pilots registered, since drones aren't registered individually.

FAA: More registered drone operators than registered manned aircraft

 

[ianwood]

That's hard to believe. What's your source? (I'm assuming you mean more drone pilots registered, since drones aren't registered individually.

Michael Huerta said it on Monday. The FAA has received 325,000 registrations since Dec 21 eclipsing the 320,000 registered aircraft.

 

[kandelin16]

If you cant fly under 400 feet and you cant fly over 400 feet, then where do you fly??? Misinformed and ignorant people are funny to me, but as others have said, hes still a cop, so I would say talk to him and be responsible and polite when talking about it.

 

[flybid]

If you cant fly under 400 feet and you cant fly over 400 feet, then where do you fly??? Misinformed and ignorant people are funny to me, but as others have said, hes still a cop, so I would say talk to him and be responsible and polite when talking about it.

Where can you fly? Under water of course! Hmmm.....

 

[Wolfiesden]

Kingpin, you need to do your own research on the laws and follow them. It is bad practice to take much of the advice offered on these threads.

There are plenty of idiots flying drones, some of them frequent these boards. All of them are the reason we are now all required to register and why there are so many restrictions being placed on how and where we can fly.

The ONLY agency that has ANY authority over our national airspace is the FAA. Local government or LEO do not have that authority and cannot make up laws that supercede the Federal Authority.
Happy Flying.

Then explain how the county can make it illegal to fly a drone over or in a county park? There are lots of communities, counties and states making laws preventing drone flights.

 

[GoodnNuff]

Then explain how the county can make it illegal to fly a drone over or in a county park? There are lots of communities, counties and states making laws preventing drone flights.

Read what I wrote:
"The ONLY agency that has ANY authority over our national airspace is the FAA. Local government or LEO do not have that authority and cannot make up laws that supersede the Federal Authority.
Happy Flying."

Full Definition of supersede
su·per·sed·edsu·per·sed·ing

1. 1a : to cause to be set asideb : to force out of use as inferior
   
   
2. 2: to take the place or position of
   
   
3. 3: to displace in favor of another
   

Local governments can impose no fly zones, but they cannot replace the Federal laws with their own.
So the local Chief can't tell someone to fly above 400 feet when in his jurisdiction.

 

[LSZ1318]

Was the Chief being unreasonable and a jerk? Was he calm? There's many aspects of the law that LEOs are not up-to-speed on, but will often state something as fact because...hey, they gotta at least seem like they know what's going on, LOL. The LEO community are all probably really behind on drone rules/regs - just like the general public. I'd try and cut him some slack and see if you can approach him again with just a bit of research under your belt. Here's a great place to start:

Drone Law Journal

Trying to win people over to seeing how cool the hobby is - especially the Chief of Police - is never a bad thing!

 

[JKDSensei]

After only two months, there are more drones registered with the FAA than there are full-scale aircraft. To say drones are new and disruptive is an understatement.

This only makes sense. Becoming a pilot takes skill, determination and lots of $$$
Buying a drone.....not so much
Pilots are a limited resource......drone operators......uhhhh...not so much.....we're a nickel a dozen (if that)

 

[NEair]

Print out a copy of United States v. Causby
328 U.S. 256 (1946) - United States v. Causby - Wikipedia, the free encyclopedia
And nicely provide a copy to the chief. It details "Cujus est solum ejus est usque ad coelum et ad inferos has no legal authority in the United States when pertaining to the sky. A man does not have control and ownership over the airspace of their property except within reasonable limits to utilize their property. Airspace above a set minimum height is property of the Masses and no one man can accuse airplanes or other such craft within of trespassing on what they own."

Also print off copies of your local and state laws on trespassing and stalking and ask him to explain how flying your uav would violate those statutes. I think if it were me I would try and talk to him first and if that didn't work go to the county attorney or district attorney (whichever you have) and ask them for an opinion on the matter. They are the top law enforcement and have the power to dismiss whatever the chief does.


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