Part 107 Rules in NYC

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Does anyone definitively know Part 107 rules in NYC? I'm looking at the sectional chart and it shows that Lower Manhattan and the DUMBO area are in Class G airspace. Parts of the Hudson River are in a special flight restricted area but I can't see any notes on height limits.

I've also read that hobbyists are not allowed to fly in most of Manhattan, how would they know if you're a commercial operator or hobbyist?
 

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AFAIK, Part 107 is applied uniformly, or are you looking for an interpretation of the sectional? The rules are the same as they would be anywhere else, outside of local ordinances/laws not directly attributed to Part 107.

You would show your license to whoever is inquiring.
 
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Do FAA Part 107 holders fall under FAA/national jurisdiction and hobbyists fall under the local NYC jurisdiction?

I also did need help confirming my reading of the NY sectional chart. Thanks.
 
Do FAA Part 107 holders fall under FAA/national jurisdiction and hobbyists fall under the local NYC jurisdiction?

I also did need help confirming my reading of the NY sectional chart. Thanks.


If it's in the AIR (hobby, Part 107, Public Use etc) it falls under the FAA but... any and all of these can also fall under local & state ordinances as well.
 
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Does anyone definitively know Part 107 rules in NYC? I'm looking at the sectional chart and it shows that Lower Manhattan and the DUMBO area are in Class G airspace. Parts of the Hudson River are in a special flight restricted area but I can't see any notes on height limits.

I've also read that hobbyists are not allowed to fly in most of Manhattan, how would they know if you're a commercial operator or hobbyist?
All drones are banned in NYC, hobbyist and commercial. The only exceptions are the parks that were already designated for model aircraft. See here and here for more details.
 
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All drones are banned in NYC, hobbyist and commercial. The only exceptions are the parks that were already designated for model aircraft. See here and here for more details.

The articles you mention all refer to recreational "model aircraft". Do you have the actual statutes?

Here's an article that suggests that commercial flights are allowed, which makes sense.
The 5 Best Parks To Fly Your Drone In NYC – In The Field

Here's something I found which exempts commercial aircraft with regards to flying near correctional facilities and delegates it to the FAA:

New York State Senate S2125
BILL NUMBER: S2125

TITLE OF BILL : An act to amend the correction law, in relation to
civilian drone use near a correctional facility

PURPOSE :

To prohibit civilian drone use within one thousand feet of a
correctional facility.

SUMMARY OF PROVISIONS :

Section 1 amends the correction law by adding a new section 625
prohibiting drone use within 1000 feet of a correctional facility or a
local correctional facility in this state. This section also defines
the term drone pursuant to this provision and provides penalties for
violating this law.

This prohibition shall not apply to the operation of a drone by any
person or entity that the federal aviation administration has
authorized to operate a drone from commercial purpose, where the drone
is operated in a manner that complies with that authorization.
 
The articles you mention all refer to recreational "model aircraft". Do you have the actual statutes?
The first link that I posted was from the NYC Parks department. The AMA has permits for the 5 parks where model aircraft are allowed. To date, the NYC Parks Depart has considered drones to be "model aircraft". This site may also be helpful for you.
New York State Senate S2125
BILL NUMBER: S2125

TITLE OF BILL : An act to amend the correction law, in relation to
civilian drone use near a correctional facility
While interesting, that law is not relevant to operating a drone in NYC. As far as anyone can tell, the city council has not passed a law to specifically ban drones. They just said no drones on the city web site. They are using existing reckless endangerment laws to arrest drone operators.
 
How can it be illegal based on a website if there is no underlying statute?

The link you sent includes this paragraph: “general aviation aircraft” means an aircraft that is used in civil aviation, that is not a commercial aircraft as defined in paragraph..."

I understand that bill is for correctional facilities but it explicitly recognized and separates hobbyists from commercial operators.

Those people that were arrested were in fact reckless, they just happened to be using a drone. How can a certified pilot flying a drone under FAA rules be considered reckless?

In any case, there's a lot of ambiguity here that's why I was asking if anyone had a "definitive" answer based on actual statutes, not hearsay.
 
How can it be illegal based on a website if there is no underlying statute?

The link you sent includes this paragraph: “general aviation aircraft” means an aircraft that is used in civil aviation, that is not a commercial aircraft as defined in paragraph..."

I understand that bill is for correctional facilities but it explicitly recognized and separates hobbyists from commercial operators.

Those people that were arrested were in fact reckless, they just happened to be using a drone. How can a certified pilot flying a drone under FAA rules be considered reckless?

In any case, there's a lot of ambiguity here that's why I was asking if anyone had a "definitive" answer based on actual statutes, not hearsay.
NYC is using existing laws to restrict the operation of drones. There's no other way to put it. Flying in Manhattan is going to be considered reckless endangerment because of the people and the buildings. And you have the FAA restrictions based on the airports and helipads.

If you are looking for specific drone statute enacted by the City of New York, you are not going to find one (yet). But whether or not you agree with it, the City believes that it can use existing statutes and FAA regulations to limit you to the 5 designated parks. It will probably get better over time, especially for filmmakers who will have permits and insurance. I seriously doubt that hobbyist pilots will be allowed to fly in the city. There have been too many incidents with people flying recklessly in the city.
 
All drones are banned in NYC, hobbyist and commercial. The only exceptions are the parks that were already designated for model aircraft. See here and here for more details.
All drones are banned, except where they are not. LOL.

New DJI P3A owner here, by the way...

Sure, a web page does not a law make. And even the DOF web site is kind enough to point to the relevant sections of the Administrative Code when talking about where you can't park a motor vehicle. But after riding motorcycles around NYC for 35 years I can affirm with a heavy heart that the NYPD does have a habit of inventing laws that don't exist in order to punish and monetize people it sees as not being sufficiently mainstream, and insufficient in numbers to fight back in a well-organized fashion. Oh well. Cue Frank Zappa's Central Scrutinizer.

But in the context of being prohibited from drone operation within 5 miles of an airport, am I the only one who is intrigued that the Forest Park model airfield is just 4 miles from JFK runway 13R? Or that the Kissena Park airfield is only a little over 3 miles from LGA runway 31?

For that matter, does the law mean airport boundaries or distance to the tower or what?

And interpreting things literally, does that mean you have to notify the tower even if you're in an approved airfield?

Under what written authority are these airfields supposedly approved??

I don't know about Part 107 but operation under Part 101 seems fairly liberal.

Sorry if this has been discussed prior. I'm just in the process of finding my way around this forum. Thanks all for your understanding and your commentary.
 
The articles you mention all refer to recreational "model aircraft". Do you have the actual statutes?

Here's an article that suggests that commercial flights are allowed, which makes sense.
The 5 Best Parks To Fly Your Drone In NYC – In The Field

Here's something I found which exempts commercial aircraft with regards to flying near correctional facilities and delegates it to the FAA:

New York State Senate S2125
BILL NUMBER: S2125

TITLE OF BILL : An act to amend the correction law, in relation to
civilian drone use near a correctional facility

PURPOSE :

To prohibit civilian drone use within one thousand feet of a
correctional facility.

SUMMARY OF PROVISIONS :

Section 1 amends the correction law by adding a new section 625
prohibiting drone use within 1000 feet of a correctional facility or a
local correctional facility in this state. This section also defines
the term drone pursuant to this provision and provides penalties for
violating this law.

This prohibition shall not apply to the operation of a drone by any
person or entity that the federal aviation administration has
authorized to operate a drone from commercial purpose, where the drone
is operated in a manner that complies with that authorization.

This bill hasn't passed yet and is not yet law. Perhaps it might become law, but not yet. As others have said, NYC is using existing laws that you wouldn't think would apply. Anything they can do to justify their actions. This is where an advocacy organization would come in handy right about now. And just FYI, the FAA doesn't need the state to delegate much of anything to them. They pretty much own the airspace outright. I do agree that drones should be prohibited near correctional facilities, a law like this probably wouldn't survive a challenge because the state appears to be infringing on the FAA jurisdiction by prohibiting "flying".

So far, any law that has been challenged with language prohibiting "flight" where the FAA does not prohibit it has not survived and been struck down. What will withstand legal challenge are laws outlining land use rights. For example, "No person can takeoff or land a drone within 3 miles of a correctional facility". That would survive because it has to do with land use laws. But alas...not many of these laws are being challenged yet.
 
Does anyone definitively know Part 107 rules in NYC? I'm looking at the sectional chart and it shows that Lower Manhattan and the DUMBO area are in Class G airspace. Parts of the Hudson River are in a special flight restricted area but I can't see any notes on height limits.

I've also read that hobbyists are not allowed to fly in most of Manhattan, how would they know if you're a commercial operator or hobbyist?

This is a very valid question and could leave many drone operators in limbo about wether or not it is legal. If it is not there needs to be an expedited way of going through the proper channels to get this approval. I understand it is going to require more resources from the government to control this and I believe so far it is going in the right direction with Airmap displaying the areas that are more likely to get approved under X number of feet. This is great and informative information for pilots to not waste valuable time.
 

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