2019 FAA UAS Symposium | FAA’s Take on Enforcement’s and Illegal Drone Operations

[BigAl07]

A very accurate and informative podcast put together by our friends at Drone U

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[SirThomas]

Toward the end the discussion is around what local governments can and cannot do to regulate use of drones. Is there a good source of FAA information that indicates what they can and cannot do in terms of regulation of airspace locally?

 

[BigAl07]

Toward the end the discussion is around what local governments can and cannot do to regulate use of drones. Is there a good source of FAA information that indicates what they can and cannot do in terms of regulation of airspace locally?

Airspace, all airspace locally, state level, and federal level is FAA. The FAA and only the FAA regulates airspace.

Did that answer your question or have I totally missed the mark?

 

[SirThomas]

It sounds as though you are saying that local authorities cannot control airspace at all. But if that was the case, I would have expected the FAA participant to have indicated that FAA has sole control. His comment that forming relationships with local government and educating them [on the rules] avoids problems. That sort of implied to me that there were some things that local governments could do to restrict (delegated to them by FAA?).

That the FAA rules override seems to contradict several states (for example) that have banned the operation of drones in state parks. What am I missing here?

I'm wondering if this is sort of like the satellite dish situation where some homeowners associations have wording prohibiting use of these dishes, but the FCC is clear that no rules may be made to restrict the ability of a user to receive a signal using these. Thus the HOA rule is not enforceable.

 

[Spark 317]

That the FAA rules override seems to contradict several states (for example) that have banned the operation of drones in state parks. What am I missing here?

Although the parks don't control the air space, they do control the property that you launch and land on.

I have read posts of people flying from a public roadside overlook on the border of state parks to fly over and get a shot of something if it's close.

I assume this rule is the same for the county and city parks.

Of course you have to keep Spark in VLOS, but it can be done.

Most National Parks are so large that this kind of rule bending can't be accomplished.

 

[BigAl07]

It sounds as though you are saying that local authorities cannot control airspace at all. But if that was the case, I would have expected the FAA participant to have indicated that FAA has sole control. His comment that forming relationships with local government and educating them [on the rules] avoids problems. That sort of implied to me that there were some things that local governments could do to restrict (delegated to them by FAA?).

That the FAA rules override seems to contradict several states (for example) that have banned the operation of drones in state parks. What am I missing here?

I'm wondering if this is sort of like the satellite dish situation where some homeowners associations have wording prohibiting use of these dishes, but the FCC is clear that no rules may be made to restrict the ability of a user to receive a signal using these. Thus the HOA rule is not enforceable.

Local Authorities can't control airspace. They can "enforce" Federal Regulations but they can't make laws for Airspace. Make sure to understand the distinction between controlling Airspace and Land Use Laws. Also keep in mind that local laws can come into play such as Reckless Endangerment, Privacy, and Land Use laws.

In National Parks you are NOT allowed to take-off/Land (called flying FROM NPS land) but at no point will you see in those Land Use Rules anything about "no flying OVER NPS land".

 

[Hawkwind]

Thanks for sharing. Good stuff.