FAA Press Release

Sorry if this has already been posted.    Looks like the FAA may be reclaiming some of their authority from the locals.

“Spank you very much” for posting this, as Frank Zappa would say... ha


RedHotPoker

OK …. If I'm reading this right State and local governments can't make laws that say you can't fly your UAV but they can say you can't land and take off????

Edward J Smith Posted at 2018-7-23 08:39
OK …. If I'm reading this right State and local governments can't make laws that say you can't fly your UAV but they can say you can't land and take off????

I getting that as well

Edward J Smith Posted at 2018-7-23 08:39
OK …. If I'm reading this right State and local governments can't make laws that say you can't fly your UAV but they can say you can't land and take off????

They can make it unlawful to take off and land in, for example, a city owned park. However, you can take off from a parking lot across the street and fly over the park.

Lower Township in south Jersey has already outlawed the use of drones throughout the area. That includes all of the beaches in the Cape May area. So is this FAA action something that would nullify those laws, or is there legislation that has to occur first? I’m not smart enough to interpret what this all says.

Jeff

Thanks for this information and this link.  The article printed out quite nicely along with the FAA letterhead.  I have made a few copies of this article to put in my done backpack to distribute as needed.  I was recently told not to fly my drone in a local country park , that all county parks were off limits (Manatee, Florida).  There are plenty of places to launch just outside the border of many of these parks and I will do so.  This also helps me in understanding flying over beaches and many other locations and places of interest I have on my scope.  I for one will push the envelope in several common sense locations.
I have also emailed this link and a copy of the article to myself to have available on my cellphone.

Hi. Thank you for sharing this important information with us.

Thanks for sharing.

More thanks, for the link.  I agree nice to have in your flight bag.  Many local authorities in my state don't understand the issue of airspace.  

Paul C

I think only time will tell how this will be interpreted on a local and State level.   Will it change any existing local rules, probably.   Will some of them find a way around it to completely ban us, debatable.    Will it cause any locations to rethink adopting new rules and drop the idea, I sure hope so.

Sent this to a friend and he (today) asked for clarification from Everglades National Park.  Their response is below.  Draw your own conclusions about altitude limits...............I will applay their answer to anything state and local since Everglades is a Federal Land park.

"Thanks for reaching out to us for clarification.  The drone is allowed to be flown over park land.  Here is a bullet list to clear things up:
You cannot be within park property while operating the drone
The drone cannot touch down inside the park boundaries (no landing or taking off)
You cannot disturb wildlife or create a hazard for people or wildlife (it's recommended that all aircraft, to include drones, fly no lower than 500 feet above any object).  (i.e. there is no NPS violation for flying below 500 feet, but if you flew 150 feet over a nesting bird colony and created a disturbance; there is a violation for harassing wildlife).
I'm not suggesting anything by pointing out #3, only making sure you fully understand.

Have a good day and thanks again for seeking clarification.


STAY SAFE!
Mike Michener
Chief Ranger
Everglades National Park
w: (305) 242-7739
c: (305) 297-0026"

DennisM Posted at 2018-7-23 12:36
Sent this to a friend and he (today) asked for clarification from Everglades National Park.  Their response is below.  Draw your own conclusions about altitude limits...............I will applay their answer to anything state and local since Everglades is a Federal Land park.

"Thanks for reaching out to us for clarification.  The drone is allowed to be flown over park land.  Here is a bullet list to clear things up:

That all makes since to me, but then most people would be in violation of the VLOS law if they took off and landed from outside the Park.

DennisM Posted at 2018-7-23 12:36
Sent this to a friend and he (today) asked for clarification from Everglades National Park.  Their response is below.  Draw your own conclusions about altitude limits...............I will applay their answer to anything state and local since Everglades is a Federal Land park.

"Thanks for reaching out to us for clarification.  The drone is allowed to be flown over park land.  Here is a bullet list to clear things up:

they can make up things to charge you with.

TheLazyC Posted at 2018-7-23 18:02
That all makes since to me, but then most people would be in violation of the VLOS law if they took off and landed from outside the Park.

VLOS is not a law

BrianKushner Posted at 2018-7-23 18:42
VLOS is not a law

Yeah it is.  How do you figure it's not?  

https://www.faa.gov/uas/media/Sec_331_336_UAS.pdf

https://www.faa.gov/uas/media/Part_107_Summary.pdf

BrianKushner Posted at 2018-7-23 18:42
VLOS is not a law

5.7 VLOS Aircraft Operation. The remote PIC and person manipulating the controls must
be able to see the small UA at all times during flight. Therefore, the small UA must be
operated closely enough to the CS to ensure visibility requirements are met during
small UA operations. This requirement also applies to the VO, if used during the aircraft
operation. However, the person maintaining VLOS may have brief moments in which he
or she is not looking directly at or cannot see the small UA, but still retains the capability
to see the UA or quickly maneuver it back to VLOS. These moments can be for the safety
of the operation (e.g., looking at the controller to see battery life remaining) or for
operational necessity. For operational necessity, the remote PIC or person manipulating
the controls may intentionally maneuver the UA so that he or she loses sight of it for brief
periods of time. Should the remote PIC or person manipulating the controls lose VLOS of
the small UA, he or she must regain VLOS as soon as practicable. For example, a remote
PIC stationed on the ground utilizing a small UA to inspect a rooftop may lose sight of
the aircraft for brief periods while inspecting the farthest point of the roof. As another
example, a remote PIC conducting a search operation around a fire scene with a
small UA may briefly lose sight of the aircraft while it is temporarily behind a dense
column of smoke. However, it must be emphasized that even though the remote PIC may
briefly lose sight of the small UA, he or she always has the see-and-avoid responsibilities
set out in part 107, §§ 107.31 and 107.37. The circumstances of what would prevent a
remote PIC from fulfilling those responsibilities will vary, depending on factors such as
the type of UAS, the operational environment, and distance between the remote PIC and
the UA. For this reason, there is no specific time interval that interruption of VLOS is
permissible, as it would have the effect of potentially allowing a hazardous interruption
or prohibiting a reasonable one. If VLOS cannot be regained, the remote PIC or person
manipulating the controls should follow pre-determined procedures for a loss of VLOS.
These procedures are determined by the capabilities of the sUAS and may include
immediately landing the UA, entering hover mode, or returning to home sequence. Thus,
the VLOS requirement would not prohibit actions such as scanning the airspace or briefly
looking down at the small UA CS.

BrianKushner Posted at 2018-7-23 18:42
VLOS is not a law

Visual line-of-sight (VLOS) only; the unmanned aircraft must
remain within VLOS of the remote pilot in command and the
person manipulating the flight controls of the small UAS.
Alternatively, the unmanned aircraft must remain within
VLOS of the visual observer.
• At all times the small unmanned

The locals can make up any laws or ordinances they want.  There are plenty strange ones on the books for sure.  One thing to consider is if you take off outside the "park" for example and then have an unplanned termination of the flight and it lands inside the park.  Then you have issues...

I got into a big argument with are Forest Service about GO FLY over wilderness areas. See in our wilderness areas you can’t use any mechanized items in it ( chainsaws, other power equipment) . I told them I was flying from outside wilderness boundaries, and there should be no problems. I’m not buzzing wildlife, only flying in the early morning, when the mosquitoes are yawning. And what about jets and low flying aircraft. Nothing. So in there eyes I’m flying illegally, and drone can be confiscated. I told them HAPPY BIRTHDAY.

Bair in the Air Posted at 2018-7-24 07:03
I got into a big argument with are Forest Service about GO FLY over wilderness areas. See in our wilderness areas you can’t use any mechanized items in it ( chainsaws, other power equipment) . I told them I was flying from outside wilderness boundaries, and there should be no problems. I’m not buzzing wildlife, only flying in the early morning, when the mosquitoes are yawning. And what about jets and low flying aircraft. Nothing. So in there eyes I’m flying illegally, and drone can be confiscated. I told them HAPPY BIRTHDAY.

If its Federal then hes probably right.  Places like National Parks, USFWS areas (refuges, etc.) or US Forest Service have FAA rules (not local)  There are some on the sectional map and there  is an Advisory Circular AC 91-36.  

TheLazyC Posted at 2018-7-24 03:33
Visual line-of-sight (VLOS) only; the unmanned aircraft must
remain within VLOS of the remote pilot in command and the
person manipulating the flight controls of the small UAS.

Doesn't this refer to part 107 licensed pilots? For hobbyist isn't it a guideline vs a law?

BrianKushner Posted at 2018-7-24 07:39
Doesn't this refer to part 107 licensed pilots? For hobbyist isn't it a guideline vs a law?

To be honest, I don't know. I don't plan to change my activities, but I am mindful of my surroundings and try not to push my luck.

I am Part 107, but very rarely are flying under Part 107 because most of my flying is recreational.

I have just always heard VLOS, without the aid of visual aids such has cameras, binoculars, etc. Only corrective lenses. You can use a spotter with two way communication unless that has changed.

BrianKushner Posted at 2018-7-24 07:39
Doesn't this refer to part 107 licensed pilots? For hobbyist isn't it a guideline vs a law?

It's not a guideline.  See the first link I provided for you in post #16 above.   That is a copy and paste from Public Law 112-95.  

Screw that. It's a suggestion as far as I'm concerned. And it is a suggestion as far as DJI is concerned as well, which is why they market their drones to "fly miles from your pocket" (Mavic) or "7km long range control" (Phantom). To any of the "drone police" out there - stfu. Show me ONE single case in the United States where any person has EVER been cited or prosecuted specifically and only for flying a drone "beyond line of sight". Yep. Thought so.

Edit:  The above is a troll post.  We should ignore it.

TommyGa Posted at 2018-7-24 11:14
Screw that. It's a suggestion as far as I'm concerned. And it is a suggestion as far as DJI is concerned as well, which is why they market their drones to "fly miles from your pocket" (Mavic) or "7km long range control" (Phantom). To any of the "drone police" out there - stfu. Show me ONE single case in the United States where any person has EVER been cited or prosecuted specifically and only for flying a drone "beyond line of sight". Yep. Thought so.

I'm curious, exactly what does "stfu" stand for?

ALABAMA Posted at 2018-7-24 16:33
I'm curious, exactly what does "stfu" stand for?

We know what the “F” stands for.
One comment about troll. Maybe a came up as a troll thing. My first post I then answer a question. And moderator thought I was spam. I then later pop in and all was forgotten.  See give all people some time to figure it out. No need to flip,out. What’s that saying. Write it, regret it. Say it, forget it.  That’s enough preaching. I hope everyone is staying cool. In Baring , Washington it’s 97 degrees. TO HOT
PEACE

Bair in the Air Posted at 2018-7-24 16:58
We know what the “F” stands for.
One comment about troll. Maybe a came up as a troll thing. My first post I then answer a question. And moderator thought I was spam. I then later pop in and all was forgotten.  See give all people some time to figure it out. No need to flip,out. What’s that saying. Write it, regret it. Say it, forget it.  That’s enough preaching. I hope everyone is staying cool. In Baring , Washington it’s 97 degrees. TO HOT
PEACE

He He, I like your preachin, Bair.