Drone trespass summons.
3214 30 2015-7-15
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stayathome29
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Hi everyone,

I live in a wooded neighborhood and take off from my deck and go straight up to about 200 feet. I went across the street and over that neighbors house to get to the pond behind it, i then returned home and landed. Well here comes my neighbor to see where it landed and raise some hell that i was video taping her. I laughed and told her i wouldnt video her fat ass and told her she was trespassing on my property. A little more drama ensued and a sheriff came and spoke with them but never came to see me. Today i get a call from the sheriff's office abiut a summons and i go get it, it says i used my drone to trespass after being told not to come on there property. Funny thing is, she has never talked to me before so how could she tell me anything like that. I then had a warrant filed in her name for trespassing on my property. The nerve of sime people.
2015-7-15
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snathla
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It is unfortunate, in my neighborhood we had a demo show and tell for people to come and see what can be seen and how UAV's  work, it was not much attended but we gave the neighborhood a chance to ask questions. I can understand the concern and I try to go to the park to fly it when there are not a lot of people around to make sure no one gets hurt.

There are always those that just don't want you to fly the UAV no matter what. It's truly unfortunate.
2015-7-15
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Farnk666
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So you fly over someone's house (without notice or permission) to get to the location you want to shoot, then complain that they took offense?
Why didn't you just go directly to the pond location and take off from there? Couldn't have been that far.
Do you believe that your right to recreationally operate a UAV is more important than their right to privacy in their own property?

Sorry, but I think that you may need to re-consider your approach and values here - I'm surprised you didn't face charges.


2015-7-15
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whill11
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Farnk666 Posted at 2015-7-16 10:35
So you fly over someone's house (without notice or permission) to get to the location you want to sh ...

Charges for what?????
2015-7-15
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jones5r
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Farnk666 Posted at 2015-7-16 10:35
So you fly over someone's house (without notice or permission) to get to the location you want to sh ...

Man get outta here with that foolishness. You' re just as clueless as stayathome's fat neighbor. People put up 10 foot privacy fencing thinking that would serve there needs forever. I guess they were wrong. Hey,  I remember when gas was 95 cent a gallon, now it's $4. I guess people just need to surround their property with 500 meter high fencing if there so concerned about there precious privacy. Get where I'm going here...
2015-7-15
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Farnk666
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Nice.

It is this sort of behaviour that will see regulators clamp down on recreational UAV ops and make commercial UAV ops even more difficult for all.
Quote from "https://verdict.justia.com/2014/06/26/drones-new-peeping-toms"

Possible Privacy Prescriptions

Existing laws on the books do prohibit Peeping Toms. But, it has been pointed out that private drones will force new review of laws protecting all basic privacy rights.

At least one lawmaker has started to address this issue. Sen. Edward Markey (D-MA) is attempting to push through legislation—the Drone Aircraft Privacy and Transparency Act—that would prevent drone operators from violating the privacy of others. Markey proposed an amendment that would require that basic privacy rules be followed when operating a drone.

“Before countless commercial drones begin to fly overhead, we must ground their operation in strong rules to protect privacy and promote transparency,” Markey said in a statement. “My drone privacy legislation requires transparency on the domestic use of drones and adds privacy protections that ensure this technology cannot and will not be used to spy on Americans.”

The FAA’s examination of potential drone use has faced criticism from civil liberties groups who argue that they would violate the privacy rights of American citizens. The agency is required by Congress to render a verdict on the possibility of expanding drone use by 2015.



But don't worry - you seem to know everything anyway.

2015-7-15
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holbest
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Farnk666 Posted at 2015-7-16 10:35
So you fly over someone's house (without notice or permission) to get to the location you want to sh ...

I can not see the difference between traditional aircraft flying over my house & a UAV... What is the difference?

2015-7-15
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holbest
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jones5r Posted at 2015-7-16 11:58
Man get outta here with that foolishness. You' re just as clueless as stayathome's fat neighbor. Pe ...

A 10ft. Tall privacy fence is also called a "spite fence" which is for the better part illegal, unless you can show good reason for having a fence of that height. Been there done that....

2015-7-15
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Farnk666
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holbest Posted at 2015-7-16 14:56
I can not see the difference between traditional aircraft flying over my house & a UAV... What is  ...

Mainly two issues that get people upset.

Altitude - traditional A/C will be 500 feet at the very least - most probably 1000+ feet or so.
Most UAV have cameras and the general public are convinced that they can spied upon in their homes - plenty of false media coverage on the 'dangers' of drones and attacks on privacy.

2015-7-16
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homedad
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All summer we have hot air balloons flying over at low altitude and even landing on my open property. Nobody gets concerned or annoyed. There seems to be a lot of misinformation and bashing going on about drones. It's going to be a very bumpy road ahead for us.
2015-7-16
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PeteGould
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This is just like any other endeavor that a relative few engage in and is viewed with suspicion by others (there are many).  As with all the others, if we approach this from the vantage point of "I can do what I want and other people had better just get used to it" we will find the entire field legislated out of existence.  A little courtesy and empathy go a long way.  If you have neither, please sell your UAV before you succeed in making ours illegal to use.
2015-7-16
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method007
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call the sheriff and report the planes that are flying above your home.  Ask them to write American Airlines a trespass summons.
2015-7-16
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stayathome29
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The pond has houses all around it so there is no public way to get to it. Flying seemed the best method, this neighbor of mine complains about my bees, my chickens, and my son who is second in the state as a drummer. He only practices during the day and the bees just do there thing and they are all to pieces over it. This drone is just another reason to complain for them. Sad.
2015-7-16
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jimhare
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stayathome29@ya Posted at 2015-7-17 06:46
The pond has houses all around it so there is no public way to get to it. Flying seemed the best met ...

Maybe would have been better to invite her in and show her what the footage looks like from 200ft.   

Altercation (even if "she started it") will rarely resolve anything.

Maybe go near the full 400ft where she probably wouldn't even notice it.   Or get permission from a more level headed neighbor to fly over their house.
2015-7-16
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Farnk666
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homedad Posted at 2015-7-16 20:12
All summer we have hot air balloons flying over at low altitude and even landing on my open property ...

Very bumpy indeed - that's why as both recreational and commercial pilots we need to be continually mindful of how we interact with the public.

I have had many shots ruined by people gesturing rudely or such when capturing otherwise beautiful locations, and had a number of belligerent persons approach me while flying. I'm always courteous but  don't underestimate what appears to be a growing antagonism towards UAV out there.
2015-7-16
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BoostedPhantom
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Yes, you were trespassing if you flew over her property.  Property boundaries extend straight up in the air for a few hundred feet (I’m sure the exact number varies from state to state).
2015-7-17
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PeteGould
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method007 Posted at 2015-7-17 00:34
call the sheriff and report the planes that are flying above your home.  Ask them to write American  ...

If American Airlines sends an aircraft over your house at 200', you have a valid complaint.
2015-7-17
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Kenrwi
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Farnk666 Posted at 2015-7-16 10:35
So you fly over someone's house (without notice or permission) to get to the location you want to sh ...

You have got to be kidding me. Do you really operate a I1? we fly over homes to get to locations all the time. I could see this being a problem if he hung around over the home taking video! he says he did not. So I guess airplanes and helicopers shouldn't fly over homes either. This summons will be thrown out unless he did linger over the home and invade privacy which would be pretty hard to prove I would think.
2015-7-17
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pidetectives
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As a certified process server in the state of Florida I do not understand how the sherriff would call you to go pick up a summos maybe a supina but summons they are suppose to come to your dweling and serve you personaly.
2015-7-17
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PeteGould
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Kenrwi Posted at 2015-7-18 06:34
You have got to be kidding me. Do you really operate a I1? we fly over homes to get to locations all the time.

Here is an excerpt from a typical 333 exemption:

All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

So if you fly over houses all the time, but do not exceed the maximum altitude of 400', how do you maintain the required 500' separation from nonparticipating persons, vessels, vehicles, and structures?
2015-7-17
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Farnk666
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Kenrwi Posted at 2015-7-18 06:34
You have got to be kidding me. Do you really operate a I1? we fly over homes to get to locations a ...

Yes I do.

I operate my UAV in accordance with our flight regs and in a manner that minimises any potential for issues of safety and privacy.

How you operate is your business.
2015-7-17
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Kenrwi
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Farnk666 Posted at 2015-7-18 07:33
Yes I do.

I operate my UAV in accordance with our flight regs and in a manner that minimises any  ...

Well I am blown away that this is an issue concidering all the videos on youtube as well as the other video collection sites that are locations based in cities and towns and overlooking personal properties. I have seen hundreds of exceptional videos taken in public/private locations. if this were a legal issue I would think this would have been addressed by now, maybe it will be? but it is not trully enforsed yet legally as far as I can see untill this anyway. Those that have posted videos of this type better remove them though it is now evidence I would guess?. I understand privacy and would not like anyone spying on me either and I certainly don't follow that path. But he was simply flying over to a location of intrest for a shoot and then back this is just hard to accept as being a problem but I guess it is. Where can we fly is the question without it becomming a legal issue?
2015-7-17
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Farnk666
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Kenrwi Posted at 2015-7-18 08:43
Well I am blown away that this is an issue concidering all the videos on youtube as well as the ot ...

That's exactly the point Kenwri - We enjoy relative freedom right now as the legal framework is still evolving. The scores of videos online showing flagrant disrespect for appropriate flight operations are adding fuel to the growing fear/misinformation/scare mongering surrounding UAVs and the general public. Tabloid media loves to drum up a scare and UAVs are perfect fodder.

We are seeing politicians starting to take notice of this - and already laws are springing up and being proposed that will have effects on our community. Recreational UAV flight has been completely banned in some countries already!

All of this starts with discontent, poor judgement and incidents at the local level, just the sort of thing that the OP told us about. As members of the UAV community we should all be extremely mindful of how we fly and the impacts on others.
2015-7-17
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wolftj
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A little late to this but...

Some accuracy regarding piloted aircraft and their restrictions since most references have been less than exactly correct:

From the FAR/AIM:

§ 91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

Remember, none of this applies to our drones, at least not currently. These rules are pretty vague. "Congested area" isn't defined, but you can be sure that the FAA can write you a ticket for flying low over what they think it means. As a personal rule I don't fly my plane less than 1000' AGL because I really don't know exactly what or who is below me, but there are lots of guys out there flying using the same rule to fly less than 500' AGL over "open water or sparsely populated areas". So you're flying at 300' out in a rural area that's mostly farm land and here comes some guy in a SuperCub at 300'... Neither one of you is breaking the law.... This could end very badly.

Knowledge of these rules by everyone is good since we are potentially sharing some of the same airspace.

Tim
2015-7-18
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Rbimd
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Check this out:  http://ssrn.stanford.edu/deliver ... ;EXT=pdf&TYPE=2
2015-7-20
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trowland32304
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I know about some expensive platforms that are able to accomplish what I would term spying.  I have an Inspire and even at 100 feet away from a person it is not always easy identify just who it is.  Yet I have had conversations with my friends who have the misconception that a drone hundreds of feet in the sky will be able to tell if they shaved that day.  Maybe what needs to be done is to educate people, and especially pols about just what drones are capable of.  While I wish I could afford a drone that could read a tag on a car at 1000 feet if the truth be known very few folks have a drone capable of  doing much more than taking landscape images.
2015-7-20
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ageelectrical
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So if you can clams that you are trespassing over a property, then also what is put int the air above Said property must  be classed as a sort of illegal dumping and theirfor whomever putting said smells smoke ,any polution and any thing else effecting your life should also be in the same catogory also could be taken to court ,for some reason  me thinkers if this went to court this would have to be thrown out due these massive  implications and would effect anyone ,private or businesses pumping any substances into the atmosphere ,as little as someone haveing a yard fire and the next door nabour could smell it ,cooking food smells drifting over you nabour would bring court cases  it's like opening padoras bos
2015-7-25
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method007
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PeteGould Posted at 2015-7-18 04:23
If American Airlines sends an aircraft over your house at 200', you have a valid complaint.

It still would not be trespass.
2015-8-13
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daninperth
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There is at least one person ready to complain in every neighborhood.  Near home,  I fly in very rural areas and still  try to make sure people know just who it is when I'm flying close to their properties.  But even with that fair warning and familiarity, some folks will worry they are a subject of interest.  I just keep it nice and high.   As some have implied above, diplomacy is sometimes the only effective tactic to deal with the misunderstanding. Sometimes you have to become a UAV evangelist.  Once you show them the technology and its uses they often warm up to the idea and won't view your bird merely as a threat to privacy.  Hopefully you can prove that you don't have the equipment to see through their windows and no desire to see them hanging out their laundry or chasing their poor henpecked spouse with a pan or rolling pin.  


Dan
2015-8-14
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kaaooss
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It is always on my mind when i am setting up for a flight whether someone will come over and have a go at me. I am very aware of regulations for UAV's, but also use good old fashioned common sense before a flight session. To be honest people that have approached me have been happily interested in what i am doing, and i am always happy to answer their questions about flying UAV's. I am in the process of getting my CASA approved Operators License so i can work with less restrictions, but also within guidelines that not just keep people safe but help us to promote UAV photography and videography  as an artistic discipline. The last thing i would do would be to jeopardise this process, and more importantly jeopardise it for other established UAV Operators who have been working hard to promote a safe, respectful culture. Common sense, talk to people, get them involved, respect people, consider yourself part of a UAV community and act accordingly,  be well versed with local laws concerning UAV use and have fun!!!!!
2015-8-14
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GB44
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PaulKerry Posted at 2015-7-21 10:02
You're bang on !!

When it comes to optics, most people don't know the difference between "long" a ...

Paul,

Am I right in thinking there is a legal right to access and roam any land in Scotland.

Does this transpose to being allowed to fly a UAV from any random piece of countryside land without seeking permission from the land owner.  This would be a good question to raise with your upcoming  instructors on your flight training.
2015-8-15
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