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USA Drone Law Case
1595 12 2017-9-22
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Mark S
lvl.4
Flight distance : 41801 ft
United States
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I subscribe to a Website that tracks drone law and information on pilot certification.  I received this note today about a ruling yesterday (09/21/2017).

Yesterday, in the Singer v. City of Newton Case, the federal district court judge struck down 4 provisions of a local drone ordinance as being preempted.
This judge ruled that the ordinance's  drone registration, complete drone ban, regulation of navigable  airspace, and limiting “the methods of piloting a drone beyond that  which the FAA has already designated” are all conflict preempted.  
This case is ONLY binding on the  jurisdiction of the federal district court of Massachusetts and applied  ONLY to those 4 provisions of the ordinance struck down.
Here is a link to the article source:  https://jrupprechtlaw.com/michael-singer-v-city-newton
I can only imagine that other localities are looking at ways to regulate drone flying from all out bans to simply common sense safety.  We all need to fly responsibly so our local officials don't have reason to make laws that are overly restrictive as a reaction to one pilots bad behavior.  Flying in public space is a privledge.


2017-9-22
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Sparky_17
Second Officer
Flight distance : 62349 ft
Canada
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I completely agree with your comment 'simply common sense safety'.  This is the basic foundation to flying our drones.  In addition to respecting FAA regulations and not flying within a National Park.  Here in Canada, the regulations are very simular but arn't written in stone yet.  Fingers crossed the match the FAA regulations.  Lets all fly with respect of others, property and safety
2017-9-22
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Matioupi
lvl.4
Flight distance : 922569 ft
France
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rule #0 : behave so that it's not needed to establish rule #1
(will this ever work ?)
2017-9-22
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DronerX
lvl.2
Flight distance : 488192 ft
United States
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Sparky_17 Posted at 2017-9-22 10:35
I completely agree with your comment 'simply common sense safety'.  This is the basic foundation to flying our drones.  In addition to respecting FAA regulations and not flying within a National Park.  Here in Canada, the regulations are very simular but arn't written in stone yet.  Fingers crossed the match the FAA regulations.  Lets all fly with respect of others, property and safety

Personally, the no flying in National Parks in the United States to me is a very dumb rule.  Their rational is that the drones disturb the wildlife.  But the millions of visitors annually don't?  Give me a break.  I was in Rocky Mountain National Park last weekend with my Spark and did all kinds of filming.  No Issues.  No park rangers ticketing me and only other visitors checking out what I was doing and grinning!

My two cents.
2017-9-22
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Charles Adams
Second Officer
Flight distance : 3821312 ft
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United States
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There's been multiple instances in the US where FAA and/or courts have asserted that it is the FAA that has authority to regulate air space.

As you mention in the case above, it applies only to that jurisdiction.  To the readers of this forum, I would not assume that you can go out and violate any local drone restrictions or regulations in your area.  Yes it's true that only FAA has the authority to regulate air space, and yes it's true you could use that as a defense, but you had better be willing to take the risk and go to court, and spend the resources to defend yourself.  Unfortunately, knowing you are right may be free, but proving you are right may not be as free.
2017-9-22
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PascalG
lvl.3
Flight distance : 274327 ft
United States
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Flying responsibly is indeed imporstant.  As a drone owner i ve had a few encounters with drones whch made me understand why many people have negative opinions of drones ...  like idiots with racing drones buzzing us while riding horses (hint... horses hate the sound of drones and get spooked)

Then there was the jerk with a mavic pro hovering about 100' above the boat when anchored  close to shore for over 5' in total disregard for the privacy of the people onboard until I had to get the flare gun and point it towards the mavic for th guy to move on.
2017-9-22
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Charles Adams
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United States
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PascalG Posted at 2017-9-22 13:56
Flying responsibly is indeed imporstant.  As a drone owner i ve had a few encounters with drones whch made me understand why many people have negative opinions of drones ...  like idiots with racing drones buzzing us while riding horses (hint... horses hate the sound of drones and get spooked)

Then there was the jerk with a mavic pro hovering about 100' above the boat when anchored  close to shore for over 5' in total disregard for the privacy of the people onboard until I had to get the flare gun and point it towards the mavic for th guy to move on.

I'm sympathetic to your situation, but be advised that shooting down a drone also has potential legal ramifications in the US, no matter how "in the right" you and I might think you are.  I imagine in your case it was only a threat (unless you are a terrific shot), and I'm glad the pilot "understood" the message.

When I do my lake flying I give other boats LOTS of space so that they have no cause to think I'm purposefully or accidentally invading their space or privacy.  Regardless of whatever rights I have, and even if I'm flying well within the regulations, there is no reason to provoke other individuals.
2017-9-23
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PascalG
lvl.3
Flight distance : 274327 ft
United States
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obviously i wasnt going to shoot a flare at it...   although i ve been thinking abuot rigging a lightweight net under my old P2 and send it up to snag the offender ...

There are regulations but above all there is courtesy along with common sense.  I mostly use my drones from a boat in the bahamas and always make sure i stay away from  boats anchored nearby... sadly common sense is more endagered than the Florida manatees...
2017-9-23
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Sparky_17
Second Officer
Flight distance : 62349 ft
Canada
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i could see where people would get a annoyed or bothered by drones, specially due to privacy or those flying with complete disregard of the FAA regulations.  I've even heard stories where drones have crashed in national parks and have caused damage.  so this is definitely something where rules and regulations may change to protect others, property from irresponsible drone pilots.
2017-9-25
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hallmark007
Captain
Flight distance : 9827923 ft
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Ireland
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When politicians and bureaucrats are given a chance to side with majority of voters it will always be the minority’s I.E. in this case drone flyers who will lose out, they will never side with minority’s, “Not enough Votes”  let those who know about aviation look after making the rules, and let the rest of us respect them.
2017-9-25
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HereForTheBeer
First Officer
Flight distance : 5381368 ft
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United States
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nothing will ever change, its politics..  FAA rules the roost here.. but local lawmakers are just too stupid to work anything out that will actually fix or help an issue, they are only concerned about lining their own pockets as best as they can and favoring a majority so they can be seen as the good guy/gal...

i can come up with a ton of example of how dumb local lawmakers can be with making laws and them making no sense when you really dig deep into them..  like up on my farm road someone got killed by a speeder not that long ago, it was a state worker doing road repairs on the shoulder i think that got hit and later died, so they changed some speed limit and enforcement laws..i almost applauded them until i realized that they didn't touch the 55mph speed limit on our roads and instead enforcing the new 45 mph speed limits just off the highway exits which are wide open areas with 4 lanes and proper spacing no blind spots, etc etc...... 5 + miles away..and focusing all enforcements off the main road and through ways, not back or side roads.    like GG guys..not sure how that even connects to speeding around a blind corner and hills on a back country road with barely two lanes and deadly fall offs....but i guess that's new revenue stream..
2017-9-25
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Charles Adams
Second Officer
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United States
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hallmark007 Posted at 2017-9-25 07:16
When politicians and bureaucrats are given a chance to side with majority of voters it will always be the minority’s I.E. in this case drone flyers who will lose out, they will never side with minority’s, “Not enough Votes”  let those who know about aviation look after making the rules, and let the rest of us respect them.

I greatly appreciate a drone flyer that recognizes he/she is an ambassador for the hobby.  Every time he/she flies is an opportunity to make an impression.  It could be good, it could be bad.  As many of us in the forums advocate:  Follow the rules and regulations (that's of first importance, and can avoid a lot of crashes as well).

But there's an aspect beyond the rules and regulations, and we can make a lasting positive impression on the people who are observing us.  I've had many opportunities to share my enthusiasm for this hobby with children and adults alike (interested observers).  I've recently (this past weekend) had an opportunity to have a conversation with a supervisor on a soccer field with games in progress.  I was flying far away, and never above any of the activity, flying legally.  I was approached by a person who oversees all the games, and he asked me a few questions, and then requested that I avoid going near the games.  I informed him of my intent to stay clear of any children, of my respect for the regulations and safety, and further I invited him to approach me in case he observed me doing ANYTHING at all that made him uncomfortable.
2017-9-25
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fans787bfa1c
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United States
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Charles Adams Posted at 2017-9-25 13:12
I greatly appreciate a drone flyer that recognizes he/she is an ambassador for the hobby.  Every time he/she flies is an opportunity to make an impression.  It could be good, it could be bad.  As many of us in the forums advocate:  Follow the rules and regulations (that's of first importance, and can avoid a lot of crashes as well).

But there's an aspect beyond the rules and regulations, and we can make a lasting positive impression on the people who are observing us.  I've had many opportunities to share my enthusiasm for this hobby with children and adults alike (interested observers).  I've recently (this past weekend) had an opportunity to have a conversation with a supervisor on a soccer field with games in progress.  I was flying far away, and never above any of the activity, flying legally.  I was approached by a person who oversees all the games, and he asked me a few questions, and then requested that I avoid going near the games.  I informed him of my intent to stay clear of any children, of my respect for the regulations and safety, and further I invited him to approach me in case he observed me doing ANYTHING at all that made him uncomfortable.

Good practices and open communications worked for you and I commend your efforts. Fact is that for your there are thousands of hobby flyers that don't show any respect for safety or privacy and ignore the FAA regulations and the law. My experience says enforcement does not work. My experience says that communities and states and the FAA will all regulate beyond their authority and in conflict with each other.
So, keep doing what you are doing, and we will try to emulate you. If we get challenged, just move to another location or get your flight approved by the real authority in writing.
2017-10-25
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