Flying Drones Over Private Property and Asking Permission
Monday, August 24, 2015 8:49
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Los Angeles, CA—Many people consider the airspace above the property that they own or lease is theirs. Some have actually used firearms to shoot at drones somehow thinking that was somehow justified.
Federal and state laws universally ban shooting at aircraft. There are heavy penalties for shooting at drones or any aircraft, even UFOs.
Many drone operators operate on ignorance and have bought into the idea that there is or may be private ownership rights to airspace above private property.
The law is simple, our airspace is shared public property. Exclusively, the FAA regulates aircraft including drones operating in our airspace.
State and local governments cannot make or enforce laws regulating aircraft in our airspace. Many local jurisdictions have tried out of the simple ignorance of their lawmakers. Those laws they have already placed on the books are unenforceable due to the FAA preemption.
Have the helicopter and fixed wing pilots ever asked permission to fly over land occupied by people? We all know the answer to that.
Are those little camera drones somehow different? Other than they fly at lower altitudes there is no difference. Okay, the helicopters and fixed wing aircraft carry much heaver and more sophisticated cameras than the little drones.
It would be both wrong and even criminal to use a drone to harass or stalk anyone. Use of a drone does not insulate anyone from those criminal and civil penalties.
However. flying over property to shoot video or obtain still photographs is constitutionally protected and genuinely established First Amendment activity.
When should you obtain permission? Flying at or near airports requires permission for obvious reasons. The same applies to any FAA “No Fly Zone”.
How about your neighborhood? If you’re standing on property posted with No Trespassing signs or you’ve been asked to leave there could be an arrest and criminal conviction in your future. Here you need permission.
It will be a lot easier to get if you offered the property owner a copy of or a YouTube link to your work. Most people would really want to see how their property looks like from your drone.
If your launching your drone from public streets and sidewalks asking permission invites a meaningless refusal and coveys your rights away unnecessarily. That also sets a bad example and precedent.
Be kind and friendly to those that express concerns about your flying your drone.
I’ve learned that it’s best to fly over residential property during the week when people are at work and commercial property on the weekends when they are closed.
Privacy laws are simple. We all have a right to a reasonable expectation of privacy provided we are inside our homes and businesses. Should we decide to skinny-dip in our own outdoor swimming pools there is no longer such an expectation. Using someone’s image for commercial purposes is another matter.
People have become accustomed to satellite, news choppers, fixed wing aircraft taking images. Today they think nothing of surveillance video cameras everywhere in populated areas.
The drones are a new phenomenon and a state of Drone Hysteria have taken over some people. They need to calm down and enjoy the stunning images.
There are drone operators that have appointed themselves as Drone Police and have tried to impose their own ideals on other rather then allowing the law of the land to sort it out. Unfortunately most of those vigilantes never bothered to learn about existing law and our Bill of Rights.
There are drone operators that have appointed themselves as Drone Police and have tried to impose their own ideals on other rather then allowing the law of the land to sort it out. Unfortunately most of those vigilantes never bothered to learn about existing law and our Bill of Rights.
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Source: http://www.crimefilenews.com/2015/08/flying-drones-over-private-property-and.html
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