How much "airspace" does a landowner own?
1240 32 2019-2-19
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ssylca44
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I am wondering, in Canada starting June 1, 2019 one will have to register and pass an exam to fly a drone weighing between 250g and 25kg. Will it be legal to operate your drone within the boundaries of your own property and to which altitude without any government controls? Any thoughts on this matter?
Thank you,
Cheers
2019-2-19
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eYeSkYeYe
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I don't think aviation related laws work like you might think.
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DJI Tony
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Hi, thanks for sharing this news Hope that you could get the best feedback in regards to your query. Please let us know if you have other concerns Thank you for continued support.
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MccloudSpark
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Well, in the USA you can fly to 400' AGL if not in a no-fly zone.
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Rustic17
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MccloudSpark Posted at 2-19 08:30
Well, in the USA you can fly to 400' AGL if not in a no-fly zone.

Actually, if you are flying recreational/hobbyist rules you can fly above 400' in the US.
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MccloudSpark
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Rustic17 Posted at 2-19 08:33
Actually, if you are flying recreational/hobbyist rules you can fly above 400' in the US.

Yeah, but the VLOS rule makes it a little hard to see above 400'
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NRRTRAINS 85
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Rustic17 Posted at 2-19 08:33
Actually, if you are flying recreational/hobbyist rules you can fly above 400' in the US.

The maximum allowable altitude is 400 feet above the ground, higher if your drone remains within 400 feet of a structure.Jul 23, 2018
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Rustic17
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That's for Part 107...no limit for recreational.
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timtwomey
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The limit for 400' applies to all drones in the US, commercial or recreational.   The only exception is when flying within 400' of a structure.
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ssylca44
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Hi,
The question actually is: are you allowed to fly a drone on your property WITHOUT any government intervention, and if so, to what altitude.
Cheers
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Rustic17
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For US pilots, check out Section 336 of the FAA Modernization and Reform Act...better known as Public Law 112-95...no altitude limits are specified for model aircraft/recreational drone pilots.  This topic has been thoroughly discussed in previous threads.  Only Part 107 fliers have altitude limits.
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A CW
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In the UK we are allowed to fly 50m away from people and buildings that are not in our control and are outside congested areas. So flying over a house at 165' to 400' above it is totally legal here providing the property is not in a residential area like a town or city and is 1KM away from the outer boundary of an airport though that 1KM rule will be increased soon enough.
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Rustic17 Posted at 2-19 10:49
For US pilots, check out Section 336 of the FAA Modernization and Reform Act...better known as Public Law 112-95...no altitude limits are specified for model aircraft/recreational drone pilots.  This topic has been thoroughly discussed in previous threads.  Only Part 107 fliers have altitude limits.

um, i think you are wrong
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lvl.4
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ssylca44 Posted at 2-19 10:14
Hi,
The question actually is: are you allowed to fly a drone on your property WITHOUT any government intervention, and if so, to what altitude.
Cheers

sorry, I don't know. I'm not familiar with Canadian rules. Hope you get your answer though!
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Rustic17
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What is your reference??  Off a user manual or something??  My reference is Public Law 112-95, Section 336.
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lvl.4
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Rustic17 Posted at 2-19 11:18
What is your reference??  Off a user manual or something??  My reference is Public Law 112-95, Section 336.

my reference is faa.gov
the agency in charge of all airspace and drone regulations.
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lvl.4
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Rustic17 Posted at 2-19 11:18
What is your reference??  Off a user manual or something??  My reference is Public Law 112-95, Section 336.

https://www.faa.gov/uas/recreational_fliers/
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3BEPb
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Get app called Kittyhawk. Check air map for restrictions around you. If none you can fly no higher than 400 feet from the highest point near you. Be it your roof or tree or water pressure tower or high voltage wire posts. Whatever is highest near you - it’s 400 feet up from there.
Just remember if there is any emergency you not aware of and you hit police or medevac helicopters you are at fault even if you fly 100 feet high. It’s your responsibility to get out of their way.
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Rustic17
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Okay...sorry...I stand corrected by newer FAA guidance.
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Rustic17
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I apologize to ssylca44 for getting off his original topic...I've done that twice recently.
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ssylca44
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Rustic17 Posted at 2-19 12:04
I apologize to ssylca44 for getting off his original topic...I've done that twice recently.

No need Rustic17, it is good to explore all avenues. Cheers
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lvl.4
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rethinking this, i would think it would be legal if there are no restraints. i don't know the canadian rules, but if there is an airport near you, you will usually have to get ATC authorization (in the US). do the new rules show altitude limits? in the US, the FAA governs the sky, so i assume there is some agency in canada that does the same. sorry if i am not much help
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Gunship9
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You were allowed to fly higher at model airplane clubs when flying under a national organization such as the AMA according to the FAA.  Model gliders fly on thermals and soar higher than 400' in order to stay aloft for more than a few minutes.  They need the updrafts found high up.  Things might have changed but I doubt those old grumpy aviation buffs (normally buddies with the local FAA officers), with their model gliders, will tolerate losing the ability to fly peacefully above their model field.  Will not tolerate it being lost due to photographers being a nuisance with their drones flown over cities and airports.




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snowbird pilot
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Gunship9 Posted at 2-19 13:36
You were allowed to fly higher at model airplane clubs when flying under a national organization such as the AMA according to the FAA.  Model gliders fly on thermals and soar higher than 400' in order to stay aloft for more than a few minutes.  They need the updrafts found high up.  Things might have changed but I doubt those old grumpy aviation buffs (normally buddies with the local FAA officers), with their model gliders, will tolerate losing the ability to fly peacefully above their model field.  Will not tolerate it being lost due to photographers being a nuisance with their drones flown over cities and airports.

good point. it's the dumb flyers who bring us into trouble
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Karce
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The law in Canada will be that you will need a certificate to fly a drone, anywhere, at any time.  Even on your own property.    The airspace is controlled by Transport Canada.  You do not own the airspace above your home or property.    TC and/or RCMP can still fine you accordingly even on your property if they determine you do not have the proper papers and registration..  All unmanned aircraft over 250g require it be registered with Transport Canada, and that you have at least a basic flight certificate.

See here for more details - https://www.tc.gc.ca/en/services/aviation/drone-safety/flying-drone-safely-legally.html
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Karce
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Karce Posted at 2-20 08:08
The law in Canada will be that you will need a certificate to fly a drone, anywhere, at any time.  Even on your own property.    The airspace is controlled by Transport Canada.  You do not own the airspace above your home or property.    TC and/or RCMP can still fine you accordingly even on your property if they determine you do not have the proper papers and registration..  All unmanned aircraft over 250g require it be registers with Transport Canada, and that you have at least a basic flight certificate.

See here for more details - https://www.tc.gc.ca/en/services/aviation/drone-safety/flying-drone-safely-legally.html

sorry, I should correct myself a bit... Transport Canada regulates the airspace....
The different airspace classes can also be found here - https://en.wikipedia.org/wiki/Canadian_airspace
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pmshop
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And remember, section 336 is becoming Part 101E
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ssylca44
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Karce Posted at 2-20 08:08
The law in Canada will be that you will need a certificate to fly a drone, anywhere, at any time.  Even on your own property.    The airspace is controlled by Transport Canada.  You do not own the airspace above your home or property.    TC and/or RCMP can still fine you accordingly even on your property if they determine you do not have the proper papers and registration..  All unmanned aircraft over 250g require it be registers with Transport Canada, and that you have at least a basic flight certificate.

See here for more details - https://www.tc.gc.ca/en/services/aviation/drone-safety/flying-drone-safely-legally.html

What's about if you fly only 5 to 10m above the ground below the hight of your tallest trees? Would the authorities need a court order to enter your property?
Thanks.
S.
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Northwood
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ssylca44 Posted at 2-20 09:55
What's about if you fly only 5 to 10m above the ground below the hight of your tallest trees? Would the authorities need a court order to enter your property?
Thanks.
S.

No, they could walk right in and cite you.  The fines are really stiff too. It costs 5$ to register your drone and 10$ to take the test.  $15 dollars well spent for sure.  
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ssylca44
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Northwood Posted at 2-20 10:28
No, they could walk right in and cite you.  The fines are really stiff too. It costs 5$ to register your drone and 10$ to take the test.  $15 dollars well spent for sure.

So much for privacy! Registration and test are not really the issue, freedom is.
Cheers
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Karce
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ssylca44 Posted at 2-20 09:55
What's about if you fly only 5 to 10m above the ground below the hight of your tallest trees? Would the authorities need a court order to enter your property?
Thanks.
S.

They do not a need a court order to enter your property if they observe you committing a crime.  if it weighs 250g or over, register it, get your certification for basic operation.  
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ssylca44
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Karce Posted at 2-20 12:06
They do not a need a court order to enter your property if they observe you committing a crime.  if it weighs 250g or over, register it, get your certification for basic operation.

No problem Karce, already done.
Cheers
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Sayhelloforme
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pmshop Posted at 2-20 08:39
And remember, section 336 is becoming Part 101E

True.  No more 336.
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