Hello Ed ,Do you think the authorities will have enough resources to track down every park flyer ,i think flying safely as you do away from everyone,i cant see you doing a blind bit of harm.I hope you have some kind of common sense conclusion to all of this, surely the police force are likely to come over and have a polite chat ,and even comment on the flying. to be honest someone flying a kite at the park would face the same restriction. i mean at the football field i fly at ,we have some "loon" ,takes off and lands with a paramotor and big kite wing strapped to his back,he has to be breaking every rule in the book i should think, i even caught a bit of it on film with the 501 filming on the golf course.Oh hang about i wasn't supposed to be filming on the golf course
.chris
well I think it will get sorted out...I can not see the FAA having the authority over ones property
I can understand the safety desire, but that new extension stretches out over 20+ miles from the airport.
Do not see how that can be legal, basically saying they own your property. Seems the Supreme Court here
adjudicated a case many years ago ( 1940's ) when the Government tried to claim that same thing
The Military was flying low over a chicken farmers land killing his chickens because they were scared to death
Seems the military thought they owned the airspace to the surface so the framer sued them.
The Court ruled that the Government did NOT own the airspace to the surface and that land owners had an expectation
of use so high above the ground on their property and also so deep into the Earth.
They never really established an actual altitude number, they did however say that navigable airspace was 500 feet and up
appears the 400 foot limit they have imposed in the laws here for models, reflects that same sentiment as do many manned aircraft
regulations . you can read all about it here US vs Causby
supreme.justia.com/cases/federal/us/328/256/The landowner owns at least as much of the space above the ground as the can occupy or use in connection with the land. See Hinman v. Pacific Air Transport, 9 Cir., 84 F.2d 755. The fact that he does not occupy it in a physical sense—by the erection of buildings and the like—is not material.
can see all that here
www.law.cornell.edu/supremecourt/text/328/256 Sovereignty in the airspace rests in the State 'except where granted to and assumed by the United States.' Gen.Stats. 1943, § 63-11. The flight of aircraft is lawful 'unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath and on and on...
Anyway you get the issue and why
I have been studying up on it....would appear to me by such rulings the FAA can not deny use of ones own airspace
above their property and since the SAFE navigable airspace is listed by the FAA itself as 500 feet that is where
their jurisdiction starts, not at the surface or the dirt under our feet and the 400 limit they impose leaves a 100 foot buffer between manned and unmanned aircraft
Now I understand the need for the glide slope etc...but I am 9.3 miles from the airport ( Faa says need permission within 5 miles )
and yet they have added that extension out to over 20+ miles , so it is confusing as many claim that is suppose to only be out to 8-9 miles if imposed )
they say one has to get permission to fly in Class B,C , D and E airspace
LAANC, or Low-Altitude Authorization and Notification Capability, is a partnership between the FAA and private companies [ says nothing about hobbyists ]
and in my area it is classified E2 ( there is no information on E2 airspace ) and that LAANC system does not list any airports in my State
Section 107.41 Operation in certain airspace. No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC). ( that is where I set ) and we have no ATC here.
SO a lot to take in and try and remember, But i also assume as Part 107 ( commercial ) tests were given with much of that info
I believe when they come up with a test for hobbyists it to will have some of that listed and one should know some about sectional maps
and Airspace information and what class is what.
sorry for the long ramble, but perhaps some reading this forum may wish to examine it as well if they are here in the States.
Assume other countries have similar laws and rules
who knows what will happen in the long run, but perhaps the Airport manager can give some insight and or maybe he may learn something himself
well here I am surrounded by Law enforcement Officers , I have been keeping them informed on the subject
last year they had to send officers for training to learn to fly drones and assume to learn the Laws and rules
so that will make it more interesting .
FAA has given Law enforcement some ways to handle drone fliers and what to do and not to do
according to the web site, but the FAA seems all out of sorts with this stuff
they barely can keep up with manned aircraft, do not see how they will actually handle hobbyists .
They just changed the law on marking your model with your Registration number
one was told to put it inside of a battery bay or something as long as it was on the model
NOW, they say you have to have it on the outside of the Model for first responders to see it without
having to open anything ( their claim in case a bomb was inside ) ..so now I have to place it on
the outside somewhere. My question i sent them ( as they gave a site for people to ask questions ) was
what if someone stole your number used it for a crime and left it there, would seem one would get in trouble
and know nothing of the matter . ( if someone had it out for one of their mates guess they could fix them good
)
will make mine as small as i can and yet still able to see it up close...
So maybe at some point it will get ironed out and everyone will be happy ( but i doubt it..
)
Ed