Police handcuff, detain and ticket Part 107 Pilot under aircraft ordinance that does not apply

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But isn't a park considered " public space" thus you can only cite him for an ordinance ? If the pilot is compliance with FAA 107 regs, what legal standing do you have to enforce that? Let's say the park had no codes regarding UAV's, all you can do is use the color of the law to ask the pilot cease flying correct?

Your job is to uphold the law and defend the constitution of the state of MI and the U.S. Not your bosses. Don't get confused sir. I took the same oath joining the military.

No, it doesn't work that way. A lot of county parks are not tax payer funded, and the parks have rules that are not necessarily laws. I am not a law enforcement officer, but as a ranger, i can evict you from the park if you refuse to follow the rules. We can request assistance from law enforcement if needed. If someone challenges me about a rule, I always let them know that they can take up their dispute with the parks superintendent's office. They are the ones who have to worry about what's law and what's not. The park superintendent answers to the park's board of commissioners. As rangers, we just do what we are told, and thats it.
 
No, it doesn't work that way. A lot of county parks are not tax payer funded, and the parks have rules that are not necessarily laws. I am not a law enforcement officer, but as a ranger, i can evict you from the park if you refuse to follow the rules. We can request assistance from law enforcement if needed. If someone challenges me about a rule, I always let them know that they can take up their dispute with the parks superintendent's office. They are the ones who have to worry about what's law and what's not. The park superintendent answers to the park's board of commissioners. As rangers, we just do what we are told, and thats it.
Is the ranger job exciting?
 
Care to share your print out, might be helpful. Thanks
Just some quick copy/paste. I think it would help defuse a situation by having the rules handy. Proves I care about the rules.

Tips for Responsible Hobby or Recreational Use of Unmanned Aircraft Systems (UAS) or "Drones" on National Forest Systems Lands
Know where to fly


Individuals and organizations may fly UAS for hobby or recreational purposes in compliance with the Special Rule for Model Aircraft(link is external)(Section 336 of Public Law 112-95).

UAS must be flown below 400 feet and remain clear of surrounding obstacles.

UAS are considered to be both “motorized equipment” and “mechanical transport” as such they cannot take off from, land in, or be operated from congressionally designated Wilderness Areas.

UAS are not permitted to fly in areas that have “Temporary Flight Restrictions” (TFR) in place. You can search the FAA website for current TFRs by clicking here(link is external).

Never fly your UAS over or in close proximity to any fire operation (wildfire or prescribed). UAS flights over fire operations disrupt aerial firefighting operations and create hazardous situations.

The Forest Service regularly flies aircraft at low altitudes to perform natural resource management. It is the UAS Operator’s responsibility to be aware of these flights and take the steps necessary to avoid them. Contact the local Ranger District Office or the FAA for scheduled flights in the area.

Protect Wildlife & the Environment

Do not fly over congressionally designated Wilderness Areas or Primitive Areas as many people seek these places for the opportunities for solitude and quiet that they provide.

Do not fly over or near wildlife as this can create stress that may cause significant harm, and even death. Intentional disturbance of animals during breeding, nesting, rearing of young, or other critical life history functions is not allowed unless approved as research or management.

Follow state wildlife and fish agency regulations on the use of UAS to search for or detect wildlife and fish.

Launch the UAS more than 100 meters (328 feet) from wildlife. Do not approach animals or birds vertically with the UAS.

Fly safely, Stay in control

Keep your UAS within your visual line of sight at all times.

Take lessons and learn to operate your UAS safely.

Remain well clear of and do not interfere with manned aircraft operations.

Fly your UAS at least 5 miles from an airport or backcountry airstrip.

UAS should not be flown over or in close proximity to populated and noise-sensitive areas, such as campgrounds, trail heads, and visitor centers.

Obey all privacy laws.

Follow Federal Aviation Association (FAA) guidelines

Ensure that you comply with all FAA regulations and guidance for flying your UAS. The FAA has authority over all airspace. Information on FAA regulations is available here(link is external).

Do not fly any aircraft weighing more than 55 pounds (total weight, including payload and fuel source).











From:

Tips for Responsible Hobby or Recreational Use of Unmanned Aircraft Systems (UAS) or "Drones" on National Forest Systems Lands | US Forest Service





State Drone Laws in Arizona
These are drone laws that apply to the entire state of Arizona, and were created by the Arizona State Legislature.

According to the Arizona Department of Transportation and the Arizona State Legislature, Arizona has one state-wide law concerning the use of drones in the state.

SB 1449 // 2016

SB 1449 includes the following regulations concerning drones:

  • UAS cannot interfere with police, firefighters, or manned aircraft.
  • Flying a drone in “dangerous proximity” to a person or property is defined as Disorderly Conduct.
  • UAS cannot fly within 500 feet horizontally or 250 feet vertically of any critical facility. These include but are not limited to oil and gas facilities, water treatment facilities, power plants, courthouses, military installations, and hospitals.
  • Cities and towns in the state of Arizona that contain more than one park must allow drones in at least one of them.
  • Cities and towns in Arizona are prohibited from creating their own drone laws. The Arizona State Legislature claims pre-emption for the creation of any regulations concerning drones.
There are many types of airspace restrictions in the United States. Below is a list of restrictions that commonly affect UAS flights, including:

Stadiums and Sporting Events

Near Airports

Security Sensitive Airspace Restrictions

Restricted or Special Use Airspace

Washington, DC
 

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local governments are not allowed to impose any drone laws

It's not a law, but a rule, and most parks have them. Riding an electric scooter is not against the law for instance, but we do not allow people to ride them in the park. Rules are rules; they are not laws. As I said before: a lot of county parks are not funded by government agencies, but are completely self supported. Also, some parks lease the land, so the land owner may have rules as well that they enforce through the park.
 
It's not a law, but a rule, and most parks have them. Riding an electric scooter is not against the law for instance, but we do not allow people to ride them in the park. Rules are rules; they are not laws. As I said before: a lot of county parks are not funded by government agencies, but are completely self supported. Also, some parks lease the land, so the land owner may have rules as well that they enforce through the park.

if it were just a rule then how were the police able to arrest the guy?
 
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if it were just a rule then how were the police able to arrest the guy?

i’m not a sovereign citizen and i believe we all should be respectful to police because they have a difficult enough job but local rules are just that rules and you cannot arrest someone for breaking them,write a summons and walk away
 
i’m not a sovereign citizen and i believe we all should be respectful to police because they have a difficult enough job but local rules are just that rules and you cannot arrest someone for breaking them,write a summons and walk away

I think the police officers probably just mistook a rule for a law. No biggie, from what i read, the prosecutor sorted it out, and after a month or so he got his drone back. Like i said before: he could of avoided the whole ordeal by simply practicing some fundamental human relations skills. Also, his talk about being some hotshot part 107 pilot probably didn't help either.
 
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I think the police officers probably just mistook a rule for a law. No biggie, from what i read, the prosecutor sorted it out, and after a month or so he got his drone back. Like i said before: he could of avoided the whole ordeal by simply using some fundamental human relations skills.

very true he could have handled that in a more intelligent way and those cops would probably gone about their way,i believe hunger had more to do with the way the police behaved from watching that other cop attack that sandwich lol
 
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i’m not a sovereign citizen and i believe we all should be respectful to police because they have a difficult enough job but local rules are just that rules and you cannot arrest someone for breaking them,write a summons and walk away
They can and do, however, arrest people for refusing to identify themselves. This guy could have easily diffused the situation but clearly wanted it to go the other way. It's his 15 minutes of fame.
 
They can and do, however, arrest people for refusing to identify themselves. This guy could have easily diffused the situation but clearly wanted it to go the other way. It's his 15 minutes of fame.

i’ve never understood that mentality of not handing over your id unless you are hiding something i can see it,on the few occasions a cop wanted to see my id i showed them and had now fear of being arrested
 
Most county parks here in MI do not allow the flying of drones.

Unfortunately, too many localities are violating the Tenth Amendment to the Constitution.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "

The Constitution's Article One provides for the Congress to establish rules for the general welfare, such as the FAA and every other government agency. In short, the national airspace is the exclusive domain of the FAA. Local yokels can legally restrict launching of drones only from the property under their control. This will continue until a case rises through a US District Court, Court of Appeals, and finally SCOTUS (which only hears constitutional issues-IMHO this is such an issue)

PS- I am not a lawyer but play one on forums.o_O
 
I work as a ranger at a county park here in MI, and we do not allow the flying of drones or the operation of any other remote control vehicles. If I see someone flying a drone, I tell them to put it away or leave the park. Our job is not to worry about what the law is, but to do what our bosses tell us. When people are enjoying the park, we cant afford the worry of a half pound rock falling on their head. The officers were in the right, and he was in the wrong. Its people like this that bring a bad name to our hobby

Sorry to disagree; your agency has no legal control over the national airspace (NAS). That authority is reserved for the FAA by the Federal Aviation Act of 1958 (72 Stat. 731) . However, local agencies can restrict the take off/landing on public property under the locality's control. That property they control, not the NAS.

Any local law prohibiting flight over the park is void on its face and open to legal challenge by a good constitutional attorney.
 
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Just some quick copy/paste. I think it would help defuse a situation by having the rules handy. Proves I care about the rules.

Tips for Responsible Hobby or Recreational Use of Unmanned Aircraft Systems (UAS) or "Drones" on National Forest Systems Lands
Know where to fly


Individuals and organizations may fly UAS for hobby or recreational purposes in compliance with the Special Rule for Model Aircraft(link is external)(Section 336 of Public Law 112-95).

UAS must be flown below 400 feet and remain clear of surrounding obstacles.

UAS are considered to be both “motorized equipment” and “mechanical transport” as such they cannot take off from, land in, or be operated from congressionally designated Wilderness Areas.

UAS are not permitted to fly in areas that have “Temporary Flight Restrictions” (TFR) in place. You can search the FAA website for current TFRs by clicking here(link is external).

Never fly your UAS over or in close proximity to any fire operation (wildfire or prescribed). UAS flights over fire operations disrupt aerial firefighting operations and create hazardous situations.

The Forest Service regularly flies aircraft at low altitudes to perform natural resource management. It is the UAS Operator’s responsibility to be aware of these flights and take the steps necessary to avoid them. Contact the local Ranger District Office or the FAA for scheduled flights in the area.

Protect Wildlife & the Environment

Do not fly over congressionally designated Wilderness Areas or Primitive Areas as many people seek these places for the opportunities for solitude and quiet that they provide.

Do not fly over or near wildlife as this can create stress that may cause significant harm, and even death. Intentional disturbance of animals during breeding, nesting, rearing of young, or other critical life history functions is not allowed unless approved as research or management.

Follow state wildlife and fish agency regulations on the use of UAS to search for or detect wildlife and fish.

Launch the UAS more than 100 meters (328 feet) from wildlife. Do not approach animals or birds vertically with the UAS.

Fly safely, Stay in control

Keep your UAS within your visual line of sight at all times.

Take lessons and learn to operate your UAS safely.

Remain well clear of and do not interfere with manned aircraft operations.

Fly your UAS at least 5 miles from an airport or backcountry airstrip.

UAS should not be flown over or in close proximity to populated and noise-sensitive areas, such as campgrounds, trail heads, and visitor centers.

Obey all privacy laws.

Follow Federal Aviation Association (FAA) guidelines

Ensure that you comply with all FAA regulations and guidance for flying your UAS. The FAA has authority over all airspace. Information on FAA regulations is available here(link is external).

Do not fly any aircraft weighing more than 55 pounds (total weight, including payload and fuel source).











From:

Tips for Responsible Hobby or Recreational Use of Unmanned Aircraft Systems (UAS) or "Drones" on National Forest Systems Lands | US Forest Service





State Drone Laws in Arizona
These are drone laws that apply to the entire state of Arizona, and were created by the Arizona State Legislature.

According to the Arizona Department of Transportation and the Arizona State Legislature, Arizona has one state-wide law concerning the use of drones in the state.

SB 1449 // 2016

SB 1449 includes the following regulations concerning drones:

  • UAS cannot interfere with police, firefighters, or manned aircraft.
  • Flying a drone in “dangerous proximity” to a person or property is defined as Disorderly Conduct.
  • UAS cannot fly within 500 feet horizontally or 250 feet vertically of any critical facility. These include but are not limited to oil and gas facilities, water treatment facilities, power plants, courthouses, military installations, and hospitals.
  • Cities and towns in the state of Arizona that contain more than one park must allow drones in at least one of them.
  • Cities and towns in Arizona are prohibited from creating their own drone laws. The Arizona State Legislature claims pre-emption for the creation of any regulations concerning drones.
There are many types of airspace restrictions in the United States. Below is a list of restrictions that commonly affect UAS flights, including:

Stadiums and Sporting Events

Near Airports

Security Sensitive Airspace Restrictions

Restricted or Special Use Airspace

Washington, DC

Best drone law ever!!!! I love my state!!
  • Cities and towns in Arizona are prohibited from creating their own drone laws. The Arizona State Legislature claims pre-emption for the creation of any regulations concerning drones.
 
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Sorry to disagree; your agency has no legal control over the national airspace (NAS). That authority is reserved for the FAA by the Federal Aviation Act of 1958 (72 Stat. 731) . However, local agencies can restrict the take off/landing on public property under the locality's control. That property they control, not the NAS.

Any local law prohibiting flight over the park is void on its face and open to legal challenge by a good constitutional attorney.

agreed if one chooses to fly and take pictures of a national park you can just as long as you don’t launch or land in that park.
 
Sorry to disagree; your agency has no legal control over the national airspace (NAS). That authority is reserved for the FAA by the Federal Aviation Act of 1958 (72 Stat. 731) . However, local agencies can restrict the take off/landing on public property under the locality's control. That property they control, not the NAS.

Any local law prohibiting flight over the park is void on its face and open to legal challenge by a good constitutional attorney.

I believe you made a leap of declaration of xsp's statement.

xsp said: "I work as a ranger at a county park here in MI, and we do not allow the flying of drones or the operation of any other remote control vehicles."

A (Park) Ranger would have jurisdiction within the grounds.
If the individual was withing the grounds then there is 'legal control' of any conduct therein.

It would appear you made an assumption akin to leaving the park and searching for an operator outside the park flying over it.

I could not make such a leap from what he said.
 
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