Trespassing?

[Harleydude]

I was about 300 feet away from an area with a no trespassing sign. Is it considered trespassing if you fly over the area?

No. Your UAV is registered with the FAA exactly like any helicopter or airplane is. Ergo, you enjoy all the same rights, rules and regulations as those vehicles do, which includes the easement above all private property. Property owners own the airspace up to the top of the tallest item on their property, which includes trees, structures and/or towers. Beyond that is considered an easement. If it were illegal for you to fly your FAA-registered UAV over private property, those same laws would apply to the FAA-registered manned aviation vehicles.

I love those who try to argue this point. There's no way to logically rationalize that its illegal to fly a UAV over property, yet it's perfectly legal to fly a manned aerial vehicle over that same property. All arguments regarding rights, privacy and/or safety fall FAR to the wayside. It's an easy argument to win.

D

 

[andy.spilos]

Why would you assume there were people in that stadium? Especially now.

The minor league games were canceled, nobody was in the stadium. Had there been a game in progress, I would not have flown over the stadium.

 

[andy.spilos]

No. Your UAV is registered with the FAA exactly like any helicopter or airplane is. Ergo, you enjoy all the same rights, rules and regulations as those vehicles do, which includes the easement above all private property. Property owners own the airspace up to the top of the tallest item on their property, which includes trees, structures and/or towers. Beyond that is considered an easement. If it were illegal for you to fly your FAA-registered UAV over private property, those same laws would apply to the FAA-registered manned aviation vehicles.

I love those who try to argue this point. There's no way to logically rationalize that its illegal to fly a UAV over property, yet it's perfectly legal to fly a manned aerial vehicle over that same property. All arguments regarding rights, privacy and/or safety fall FAR to the wayside. It's an easy argument to win.

D

Thanks for the information. I was flying my Mavic Mini which is not required to be registered. My Phantom 3 Pro is registered.

 

[andy.spilos]

Dude, it is agains the FAA regs to fly over people, like baseball games, stadiums, etc. Some Stadiums have No Fly Restrictions over them. Additionally in some cases you are not allowed to take off and land from a stadium parking lot or grounds. Get A FAA license and learn the laws. FYI if you crash your drone on someones head, you'll be looking at a nice lawsuit.

Dude, I am licensed and I know the rules. In this case the Minor League Season is canceled and the stadium was vacant.

 

[bsartist]

The minor league games were canceled, nobody was in the stadium. Had there been a game in progress, I would not have flown over the stadium.

Yes. I get that. The person to whom I was replying apparently doesn’t.

 

[umanbean]

I am licensed and I know the rules

So you have a 107 cert? If that's the case maybe you should have already known the answer to your trespassing question?

 

[PhoenixOne]

Dont be disrespectful. Dang your a grown man and I have to say that. If we all knew everything we wouldn't need this forum... but we arent here to bring eachother down. I know that much

 

[PhoenixOne]

Also trespassing has nothing to do with airspace or a certification.. thats a completely different aspect.

 

[umanbean]

Also trespassing has nothing to do with airspace or a certification.. thats a completely different aspect.

You didn't make it clear but if you're talking to me, consider this:

I was about 300 feet away from an area with a no trespassing sign. Is it considered trespassing if you fly over the area?

The original question has everything to do with air space... he wanted to know if he could fly over property that has a no trespassing sign.

Anyone who has a 107 certification can fly commercially, and should know all the legalities involved in doing so.

 

[BigAl07]

Dude, I am licensed and I know the rules. In this case the Minor League Season is canceled and the stadium was vacant.

I would suggest you refrain from being so "Snappy" to people who are trying to help you answer YOUR question. Maybe you know/understand "Some" of the rules. . . . ?

Thanks for the information. I was flying my Mavic Mini which is not required to be registered. My Phantom 3 Pro is registered.

You mention your "License" a couple of times. This "insinuates" you are flying commercially (otherwise the mention of the license is invalid) in which case the MINI is required to be registered with the FAA regardless of weight.

 

[BigAl07]

Local law enforcement researched the FAA regs and tell people a drone is trespassing on private property only if it is flying below the highest point on the property, ie, roof, trees, etc.. Flying above the highest point on the property is in FAA controlled airspace. They also remind the complainers that it is illegal to shoot down a drone.

Huh? The drone is never trespassing on any property!! You the operator can be trespassing.

The "specs" you cite are from a very old case and have yet to be taken to court. I don't think I'd put my reputation on the line for a case involving a Chicken Farmer here in North Carolina from 1946.
United States v. Causby, 328 U.S. 256

 

[PhoenixOne]

You didn't make it clear but if you're talking to me, consider this:



The original question has everything to do with air space... he wanted to know if he could fly over property that has a no trespassing sign.

Anyone who has a 107 certification can fly commercially, and should know all the legalities involved in doing so.

Im talking to everyone with smart comments..why talk down to the man.. or anyone else.. ok we get it you know more than he does. Like why make everyone else feel stupid for discussing something.

 

[PhoenixOne]

So you have a 107 cert? If that's the case maybe you should have already known the answer to your trespassing question?

?

 

[PhoenixOne]

I do apologize to everyone for being a jerk.. but man it seems like the whole world is full of Criticism and judgment it gets old I didn't wanna open up a thread this morning and read somebody downing somebody else when were supposed to be helping. And i then i made it worse. So I do apologize I didn't need to feed it. But curious if the part 107 test covers this information adequately.

 

[umanbean]

But curious if the part 107 test covers this information adequately

I'm fairly certain the course of study for the part 107 test covers everything the FAA deems necessary for a commercial drone pilot to fly-and-operate safely and within the law.

However, a no trespassing sign on the ground does not apply to the airspace above. It just means you can't set foot on the property without being prosecuted if you get caught.

Edit: clarification

 

[bsartist]

I'm fairly certain the course of study for the part 107 test covers everything the FAA deems necessary for a commercial drone pilot to operate safely and within the law.

However, a no trespassing sign on the ground does not apply to the airspace above. It just means you can't set foot on the property.

I don’t believe this question has been settled with any degree of certainty. The Kentucky “Drone Slayer” federal case failed to establish this one way or another by dismissing the case on jurisdictional grounds (see The Kentucky “Drone Slayer” Case Dismissed )

Furthermore, a criminal charge against the shooter was dismissed by a state court which essentially agreed that it was trespass. Or at least an invasion of privacy. I know that this one state misdemeanor case doesn’t settle it as trespass for the entire nation, it certainly doesn’t slam the door in it being considered “aerial trespass” (see Judge Rules KY “Drone Slayer” Had the Right to Shoot Down Drone )

Having said all that, I would agree with you that this type of an issue of trespass would not be addressed in part 107 as trespass is not generally a federal matter.

 

[Lenj]

That is good if the FAA say it's OK to fly over peoples property, I wonder what the CAA in the UK have to say about this??Anyone???