The Legality of flying in areas not having to do with an airport...

[Kapitan]

Two questions gang:

Does one have to have a registered (N-number) Drone in order to get authorization from a control tower to fly within the Airport Traffic Area or can I just call them and request a time I'd like to depart (in Z) and how long you'll stay up as well as your location relative to the airport?

Secondly, I've read the threads and watched youtube on where to fly, I've noticed pretty much everyone offers their understanding of where they can fly with regards to an airport etc.

Is there a way to find out if there are some other areas in a city that, while having some good land to fly drones, might somehow have a restriction that is not known nor posted for those of us who want to fly our drones can observe?

For example, lets say I find a park and it's not near a hospital, school etc. But after 15 minutes, the police arrive and give a citation for flying a drone. What's the recourse if there is for example, no signage at the place you're flying giving us warning that we can't fly there?

How exactly would this work???

I understand the need for regulations et al, but there should really be some type of notification about this.

Unfortunately for me, I live within the ATA of Las Vegas McCarran Airport so I have to drive a bit to get out from underneath it.

Thanks

Pat

 

[tcope]

You may want to search for "Section 336 FAA" and read up on the laws that apply to hobby flight. Look at Section 336 specifically. You can also search here for that information.

You also need to register yourself with the FAA in order to fly a Phantom. Use the official FAA site and pay the $5. Again, you can search for more information on this.

In order to fly within 5 miles of an airport you need to call the tower and owner (I usually just call the airport in general) and let them know that you will be flying. They usually ask when and where. Some will ask that you call them when you start and stop.

If the police issue a citation for anything you can always request a hearing before a judge and argue that the citation is not valid. It is then up to the judge to make that determination.

 

[BigAl07]

Good morning Pat.

Does one have to have a registered (N-number) Drone in order to get authorization from a control tower to fly within the Airport Traffic Area or can I just call them and request a time I'd like to depart (in Z) and how long you'll stay up as well as your location relative to the airport?

Your aircraft has to be registered with the FAA (it's an FAA# not an N# unless you're flying Commercially and you desire to go that route which I do NOT suggest anymore) if it's more then .55lbs and flown outside.
You'll want to register here and use this portal to register your aircraft. It's $5 for 3 years... if you're asked to pay more than that you're not at the right location. >>>>>> FAA Drone Zone <<<<<<

Flying as a HOBBYIST you contact the tower if you're within 5 miles of the airport. As a hobbyist you get some leniency as in any airspace except "B" you are merely notifying them of your intentions (where you're planning to fly, what time, how long, etc etc). You are not asking for permission (unless class "B" airspace) merely notifying them. BUT. . . they can tell you to not fly if it poses a genuine safety concern for the Airspace. Whether you fly or not after that is entirely up to you but I would highly suggest NOT flying if they tell you to NOT fly there. If the airspace is Class "B" you do have to have specific permission to fly there even as a hobbyist and I would definitely get that permission in writing for "B" airspace. Just CYA on that one.

Secondly, I've read the threads and watched youtube on where to fly, I've noticed pretty much everyone offers their understanding of where they can fly with regards to an airport etc.

Is there a way to find out if there are some other areas in a city that, while having some good land to fly drones, might somehow have a restriction that is not known nor posted for those of us who want to fly our drones can observe?

For example, lets say I find a park and it's not near a hospital, school etc. But after 15 minutes, the police arrive and give a citation for flying a drone. What's the recourse if there is for example, no signage at the place you're flying giving us warning that we can't fly there?

How exactly would this work???

I understand the need for regulations et al, but there should really be some type of notification about this.

It would be NICE if there was signage to depict if we are restricted from using our sUAS in any area but that's simply not the case. You've got to due your research and ask the questions to the right point of contact. Some places have next to no restrictions while others tend to be very restrictive. Only the FAA can dictate the actual flying portion of your activities but local Govt can control "Land Use" which will determine if you can stand on their property to do the activity you desire. Keep in mind that some areas have had "restrictions" on their books for "R/C Aircraft" long before the word DRONE was even associated with our hobby so be sure to ask the right questions etc.

I would imagine that the area you live in has a LOT of restrictions (I could be wrong) due to the congestion of people and such.

Good luck and SAFE flights

Allen

 

[flockshot]

There are a lot of governmental entities, and other groups, that are making laws/rules that restrict drone flying even if an airport is not in the area. Some restrictions that I am aware of are things like:

National Parks
State Parks
Many municipal parks
Emergency response areas (flood, fire, crash, etc.)
Gatherings of people (sports venues, parades, playgrounds, schools, etc.)

I am sure you can see the pattern.
The FAA controls airspace, so it is difficult for people to make laws that would contradict their regulations. What these folks can to is say that you are not allowed to take off, or land a drone on property that they have control over.

It is up to us to know if we are legal to fly or not. So, as a general rule, if you think that you might be flying in the wrong place, you probably are.

 

[Kapitan]

Excellent replies and thanks to all for the great intel.

To some degree, it almost seems like you have to be "out in the boonies" to "legally" fly these things. There is a great youtube video by a guy here in Las Vegas who contacted City Hall in his area and they actually sent him the 4 parks we are allowed to fly at, so that is the plan.

Thanks again fellas.

Pat