Nearly got arrested for flying

[Neon Euc]

I'm afraid so. Just a simple error on my part 100%. Thought I was safe flying more then 50 meters away over the ocean and away from airports. Totally overlooked private air space in anything to do with harbours. Guess I am so used to thinking about planes and helicopters, ships was not on my mind lol. Live and learn I guess [emoji4]

 

[John Locke]

This is why I try to fly stealth, as best as possible. I generally look for a place to hide when flying in a new place I'm unfamiliar with, even though I always check airmap for NFZs, and Notams. Anyone can get their panties in a knot when they see a drone, especially if they live there and have never seen or heard one nearby. Generally speaking, staying out of sight from people walking by will mitigate the risk of someone engaging you, whether they like drones or not. I always prefer to be left ALONE so I can focus on flight. This could be as simple as flying from my car, or in the bushes, behind a wall, or sitting at the base of a tree. The more I can get out of eyesight of the general public, the better. Standing out in the open looking at the sky with a funny looking device in both hands is a dead giveaway, I avoid that whenever possible. Sometimes I'll fly from my folding chair in rural areas. My backpack has room for a camera, so I generally display the camera so any passerbys can see it. When they walk they see me looking at a large iPad, and the camera, and usually never know I'm flying a drone unless it's within 700' so they can hear it. My launch and landings are generally quick and hand caught for speed. When the motors shut off, I always look around to see if I'm being watched. This sometimes determines if I pack up or go, depending on the surroundings.

 

[Neon Euc]

You got it spot on lol that's how I like to do it but sometimes when I see a good once in a life time photoshoot I tend to go for it even if there is a crowed lol

 

[MikeK]

OP - you may think you nearly got arrested but if you had been it probably would have been a wrongful arrest, because:-

1. The Air Navigation Order (ANO), which is enforced by the Civil Aviation Authority (CAA), places limits on where a drone can fly. Breach of these limits is a criminal offence enforceable ultimately by a public prosecution. Your description of your flight suggests that you were complying with these limits and therefore you were not committing a criminal offence.

2. Individual property owners can place restrictions on the use of their property for take-off and landing. For example, Dover Harbour Board can prohibit the use of their land for take-off and landing of a drone. Breach of such a prohibition will be a civil matter, probably an action for trespass, unless the organisation imposing the prohibition is using statutory powers. Usually if the police get involved because a landowner has complained you can point out that you have not committed any criminal offence provided the ANO limits have not been breached. I don't know whether you were taking off from or landing on Dover Harbour Board property, or whether DHB have adequate statutory powers to impose a prohibition, but if you were not using their property and you were complying with the ANO there is nothing DHB can do to stop you.

3. The reason DHB can't do anything is because owners of properties which are not excluded by the ANO cannot prevent you over-flying their properties provided you are at a reasonable height and you do not make such frequent over-flights that you could be guilty of harassment. Here are some excerpts from a legal briefing note prepared by the Country Land and Business Association Limited: 'However, for non-commercial drone pilots that do not respond to a polite request the answer for now seems to be that aside from a potentially costly action for an infringement of your privacy or trying to convince the police that the flights amount to a criminal harassment there is little you can do to prevent them.... Section s76(1) Civil Aviation Act 1982 prevents claims being brought in trespass or nuisance against aircraft, provided they are flying at a reasonable height and comply with the Air Navigation Order.... Landowners in England and Wales are not entitled to all the airspace above their land, the position is well summed up by Griffiths J in Bernstein of Leigh v Skyviews & General Limited [1978] 1QB 479.'

I have printed several copies of the CLA briefing note and I carry them with me ready to hand out f anyone accosts me. You can download it here: https://www.cla.org.uk/sites/default/files/GN10-17 Drones and Private Property 2017.pdf

Thanks!

 

[Providian623]

Make an application to the board and attend the next meeting. You are not out anything by doing so and you never know. They might give you permission. Stranger things have happened .......

 

[FliteDoc]

OP - you may think you nearly got arrested but if you had been it probably would have been a wrongful arrest, because:-

1. The Air Navigation Order (ANO), which is enforced by the Civil Aviation Authority (CAA), places limits on where a drone can fly. Breach of these limits is a criminal offence enforceable ultimately by a public prosecution. Your description of your flight suggests that you were complying with these limits and therefore you were not committing a criminal offence.

2. Individual property owners can place restrictions on the use of their property for take-off and landing. For example, Dover Harbour Board can prohibit the use of their land for take-off and landing of a drone. Breach of such a prohibition will be a civil matter, probably an action for trespass, unless the organisation imposing the prohibition is using statutory powers. Usually if the police get involved because a landowner has complained you can point out that you have not committed any criminal offence provided the ANO limits have not been breached. I don't know whether you were taking off from or landing on Dover Harbour Board property, or whether DHB have adequate statutory powers to impose a prohibition, but if you were not using their property and you were complying with the ANO there is nothing DHB can do to stop you.

3. The reason DHB can't do anything is because owners of properties which are not excluded by the ANO cannot prevent you over-flying their properties provided you are at a reasonable height and you do not make such frequent over-flights that you could be guilty of harassment. Here are some excerpts from a legal briefing note prepared by the Country Land and Business Association Limited: 'However, for non-commercial drone pilots that do not respond to a polite request the answer for now seems to be that aside from a potentially costly action for an infringement of your privacy or trying to convince the police that the flights amount to a criminal harassment there is little you can do to prevent them.... Section s76(1) Civil Aviation Act 1982 prevents claims being brought in trespass or nuisance against aircraft, provided they are flying at a reasonable height and comply with the Air Navigation Order.... Landowners in England and Wales are not entitled to all the airspace above their land, the position is well summed up by Griffiths J in Bernstein of Leigh v Skyviews & General Limited [1978] 1QB 479.'

I have printed several copies of the CLA briefing note and I carry them with me ready to hand out f anyone accosts me. You can download it here: https://www.cla.org.uk/sites/default/files/GN10-17 Drones and Private Property 2017.pdf

Does anyone have similar wording for restrictions in the US?

 

[FliteDoc]

Here is an excellent site that outlines any drone legislation in the U.S., by state ... just click on the map to see what has been passed or proposed:

Are drones illegal in your state? This map can tell you.

 

[sar104]

Here is an excellent site that outlines any drone legislation in the U.S., by state ... just click on the map to see what has been passed or proposed:

Are drones illegal in your state? This map can tell you.

That information appears to be over 3 years old. I'm not sure that I would trust it.

 

[anotherlab]

Here is an excellent site that outlines any drone legislation in the U.S., by state ... just click on the map to see what has been passed or proposed:

Are drones illegal in your state? This map can tell you.

I would not count on that web site. It only lists laws passed at the state level. You need to know about ordinances and laws at the town/city level, county level, then the state level.

Last month I spent a week on vacation on the Outer Banks of NC. Before I went, I called the town hall, who gave me the all clear. Then I checked the county government site, their drone ordinance was to basically observe FAA guidelines. Then I checked the NC State site, which was pretty much the same as the county site for drone usage.

There are just too many jurisdictions for one web site to be able to aggregate the data for all of the drone restrictions. If you are going somewhere in the US (YouTube vloggers excluded), just go by town/county/state and you should be covered.