Told to stop flying!

[Aaron314]

I'm not going to offer any advice but I will tell you about some legal concepts that I think every drone pilot should Google and read about.

Supremacy Clause: Look for City of Burbank versus Lockheed Air Terminal. The courts ruled that local governments can not over rule the federal government when it comes to aircraft.

Navigable Airspace and Enjoyment of Private Property. Where does private property end and the free use of airspace begin. This one is fuzzy because there's no hard set number.

Invasion of Privacy using UAS In Michigan the law has been updated to include using a drone off of a persons private property to invade their privacy. Check your state laws to see if they've been updated.

 

[ArmyVet]

So same thing as national forests can't take off land or operate inside them, but you can fly from the outside? Interesting I guess I was uniformed.

National Forrest's do allow drones.

I checked.

 

[RussOnTheRoad]

So same thing as national forests can't take off land or operate inside them, but you can fly from the outside? Interesting I guess I was uniformed.

You are mixing up National Parks with National Forests.

 

[tcope]

Uh, the correct information is NOT there. The wrong information is there. It says that registration is required, which is the incorrect information I'm talking about. The page also allows for registration. The link I supplied is that one page you speak of.

My mistake, you are correct of course.

 

[tcope]

National Forrest's do allow drones.

I checked.

Depends, I've looked at many, many locations and they don't have any rules against drones. Perhaps you were looking at wilderness areas within National Forests.

 

[ArmyVet]

Depends, I've looked at many, many locations and they don't have any rules against drones. Perhaps you were looking at wilderness areas within National Forests.

It was on the national web site

 

[Uncle Stumpy]

It seems to me that alot of people are overly paranoid when it comes to drones, when they hear about drones they think all the operator wants to do is spy on people, they get a bad rap.
And then you hear the news story like we had recently about the drone that had a so called "near miss" with an airliner and the [EXPLETIVE REMOVED] really hits the fan, that was not intended to be a pun.

I have had people tell me that when they hear drone, the first thing they think of is a remote piloted plane in Afghanistan shooting hellfire missles at the enemy. I hate the word drone and wish they were called quadcopters.

 

[ArmyVet]

Depends, I've looked at many, many locations and they don't have any rules against drones. Perhaps you were looking at wilderness areas within National Forests.

So same thing as national forests can't take off land or operate inside them, but you can fly from the outside? Interesting I guess I was uniformed.

In planning a little trip and hoping to do some flying, I came across this info.

Flying in National Forests is permitted as long as you follow all the obvious rules and regulations.
But, "wilderness areas" are restricted, no vehicular, motorized contraptions of any kind. To include Quadcopters. And airport NFZ are to be avoided.

Here is one interesting problem I was not expecting.

"We can't thank you enough for helping to keep South Carolina's national forests clean by packing out litter when you find it! But if you come across items like these, PLEASE, for your safety, leave them untouched and report the location as accurately as you can to the district ranger station or to local law enforcement. These are typical items associated with mobile meth lab dumps, (as well as tubing, duct tape, gas additives, common diet or cold pill packages, batteries and solvents). Meth lab waste can be very toxic through absorption and inhalation, and can also be an explosive hazard. Please be safe! Stay clear and report the dump location."

You have been warned. Apparently this applies to all National Forests. Might be more worried about the Meth Lab occupants. Ughhhhh

 

[Bigbells]

I have had people tell me that when they hear drone, the first thing they think of is a remote piloted plane in Afghanistan shooting hellfire missles at the enemy. I hate the word drone and wish they were called quadcopters.

I think you're fighting a losing battle. No offense intended. I'd prefer a different word also but I think it's been cooked into the cake by now to the point that a lot of people think of a Phantom when they hear the word drone.

 

[SteveZeb]

I believe you can do it in a national forest. Unless the state have laws against it. Also agreed with the other ones. Malls are usually private property. You can't fly or take off from it. However if you take off from far away and are only passing over. I don't think it's illegal.

I'm pretty sure you can't fly in national parks, but state parks are different in each state .

 

[Bigbells]

I'm pretty sure you can't fly in national parks, but state parks are different in each state .

As ArmyVet and RussOnTheRoad have said, national forests are not the same as national parks. National Parks are managed by the National Park Service, which is under the Dept of the Interior. National Forests are managed by the US Forestry Service, which is under the Dept of Agriculture. In general, you can fly in a national forest but you cannot fly in a national park.

 

[FLYBOYJ]

I have had people tell me that when they hear drone, the first thing they think of is a remote piloted plane in Afghanistan shooting hellfire missles at the enemy. I hate the word drone and wish they were called quadcopters.

UNMANNED AERIAL VEHICLE (UAS)

 

[anotherlab]

I have had people tell me that when they hear drone, the first thing they think of is a remote piloted plane in Afghanistan shooting hellfire missles at the enemy. I hate the word drone and wish they were called quadcopters.

UAS or sUAS would be better, but drone is what people are used to. If's what DJI calls them on their site.

 

[ArmyVet]

As ArmyVet and RussOnTheRoad have said, national forests are not the same as national parks. National Parks are managed by the National Park Service, which is under the Dept of the Interior. National Forests are managed by the US Forestry Service, which is under the Dept of Agriculture. In general, you can fly in a national forest but you cannot fly in a national park.

The Federal Aviation Administration (FAA) (link is external) has regulatory authority over all airspace, including recreational use of airspace by model aircraft (See FAA Advisory Circular 91-57) (link is external). The U.S. Forest Service does not have the authority to establish any additional regulations regarding where UAS can or can’t be flown.

Individuals and organizations that fly UAS on National Forest System lands must follow FAA guidance (link is external) – FAA guidance stipulates that UAS not interfere with manned aircraft, be flown within sight of the operator and be operated only for hobby or recreational purposes. The FAA also requires model aircraft operators flying UAS within five miles of an airport to notify the airport operator and air traffic control tower. The FAA’s model aircraft provision apply only to hobby or recreation operations and do not authorize the use of model aircraft for commercial operations. For more information, watch the “Know Before You Fly” video https://www.youtube.com/watch?v=XF5Q9JvBhxM&feature=youtu.be (link is external) and visit the Know Before You Fly Website at http://www.knowbeforeyoufly.org/ (link is external)

Individuals and organizations that fly UAS for hobby or recreational purposes may not operate them in areas of National Forest System lands that have Temporary Flight Restrictions (TFRs) (link is external) in place, such as wildfires, without prior approval from the U.S. Forest Service.

The FAA provides guidance (link is external) on “Flights Over Charted U.S. Wildlife Refuges, Parks, and Forest Service Areas”. Per this guidance, federal laws prohibit certain types of flight activity and/or provide altitude restrictions over “designated Forest Service Areas.” UAS are considered to be "mechanized” equipment and cannot take off and land in designated Wilderness Areas on National Forest System lands.

Click here for additional information about responsible use of UAS on National Forest System land.

Individuals or organizations that do not comply with FAA guidance in flying UAS on National Forest System lands will be reported to the FAA.

 

[skiptv]

You can not take off and land on private property with out permission.
How ever you can fly over private property.

 

[changedout]

Most of the mall cops I ever knew were attending the police academy or actively pursuing grown up cop status. I hope for the world's sake since I knew them that they never made it

I want to know in reference to the spying thing if anyone during the day has been successful at seeing inside a window? I operate mine mostly for the purpose of examining buildings and hover outside windows all the time. I have never been able to see inside and have tried this on several occasions at different angles just to see if I can.

Funny how a little drone can invoke such rage but in the case of my house there is a constant 'drone' of low flying helicopters and air traffic flying WAY below 600 feet. In fact it is mostly impossible for me to fly my own drone above my own property for fear of a collision since they zip by like some sort of air show. What is worse is the military base is about 5 miles away in a straight line and the runway line up is way north of here. Go figure.

 

[ArmyVet]

You can not take off and land on private property with out permission.
How ever you can fly over private property.

The laws are a bit vague in terms of "airspace ownership" above a property. Typically they refer to the altitude that can reasonably be utilized by the property owner. Soooo, Hi-rise would be different than a one story Rancher. I have seen numbers like 75 feet for a residential single family home.

 

[tcope]

It was on the national web site

I read you post wrong.

 

[bbuck]

Think not. Mall cops are known for their need for power, but don't have any. They got that job because the police academy bar was too high. Criminal trespass citation issue? Prbly, but a smarter person wouldnt press it that far, just step off the property and keep flying and watch Barney Fifes eyes roll to the back of his head..

And yet maybe he or she just took a job to help feed their family. Don't knock a person for working, you have no idea what their circumstances are

 

[Russ43Phantom]

What you could do is to ask the mall's management if you could film some video from your drone from their parking lot before the mall opens. They will probably say no because of the liability concerns, but you could offer to let someone from their security staff be on hand and let them view the roof of the mall. A little respect can go a long way.

Agreed. Everytime I went to the responsible management to explain what I was planning, discuss and address their specific concerns, and share my attitude on safe operations and the fact that I'm a licensed Remote Pilot in Control, I have gotten permission for specific flight objectives at specific times on specific days. That seems fair.