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FAA clarifies Local versus Federal drone regulations in statement

pmshop

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I will have to see what Texas says about this.
We have a Sept 1, 2017 law on the books that "cities and municipalities that have drone ordinances are null and void until approved by the FAA."
That was wrapped up in our critical infrastructure no-fly zone law.
 

Richard Ruckert

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The important part - "State and Local authorities may determine the take-off and landing areas for drones but only the FAA has the authority to control the National Airspace." So State and local can't regulate where you fly, only the FAA can, once you have taken off from a permissible landing/takeoff zone.

https://dronedj.com/2018/07/24/faa-clarifies-local-versus-federal-drone-regulations-in-statement/
This seems good for us. What if a city or state drone rules enact no takeoff/landing zones, but you hand launch/land? Technically, the drone is in the air, but not propelled. It is suspended in the air by our hands?
Is this a goofy question?
 
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AirCam

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Not nearly as goofy as some of the laws that get enacted by local politicians.
 

Pappy

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This seems good for us. What if a city or state drone rules enact no takeoff/landing zones, but you hand launch/land? Technically, the drone is in the air, but not propelled. It is suspended in the air by our hands?
Is this a goofy question?
I would say any location where an aircraft leaves the ground or makes contact with the ground would be considered as a takeoff or landing. A palm takeoff/landing would be considered the same as any other takeoff/landing (Spark=>Hand=>Arm=>Body=>Leg=>Foot=>Ground)

In case you missed it in the article, here's the FAA's link to their statement (Press Release – FAA Statement–Federal vs. Local Drone Authority ). I have printed it off and will carry it with me to be handed over to anyone who questions me about where I'm flying. As long as I'm in compliance with FAA flight restrictions and local takeoff/landing restrictions, I'm good no matter what someone else may say.
 
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IanSR

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In case you missed it in the article, here's the FAA's link to their statement (Press Release – FAA Statement–Federal vs. Local Drone Authority ). I have printed it off and will carry it with me to be handed over to anyone who questions me about where I'm flying. As long as I'm in compliance with FAA flight restrictions and local takeoff/landing restrictions, I'm good no matter what someone else may say.
Haha, we've all been told to do the same thing in the UK for model aeroplane and helicopter flying, we've been given an exemption from the new laws that come into force on Monday, but we've been advised to print off the paperwork and carry it with us at all times because most police haven't got a clue and wouldn't know the difference between a drone and a paper plane.
 
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graywoulf

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In case you missed it in the article, here's the FAA's link to their statement (Press Release – FAA Statement–Federal vs. Local Drone Authority ). I have printed it off and will carry it with me to be handed over to anyone who questions me about where I'm flying. As long as I'm in compliance with FAA flight restrictions and local takeoff/landing restrictions, I'm good no matter what someone else may say.
Thank you for the suggestion and link. I have printed a copy for myself as well.
 

Koala Tails

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This seems good for us. What if a city or state drone rules enact no takeoff/landing zones, but you hand launch/land? Technically, the drone is in the air, but not propelled. It is suspended in the air by our hands?
Is this a goofy question?
I like the way you think. If you were correct it would mean that a full size helicopter stopped at a helipad on a building is still in flight, its suspended in the air.
I will keep an look out for changes is Australian drone laws, our government is not good at removing regulations, the usual practice is to create regulations that are layered onto existing laws.
 
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Northwood Mediaworks

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I will keep an look out for changes is Australian drone laws, our government is not good at removing regulations, the usual practice is to create regulations that are layered onto existing laws.
Sadly that seems to be the case for most countries...
 

beachcombing

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This seems good for us. What if a city or state drone rules enact no takeoff/landing zones, but you hand launch/land? Technically, the drone is in the air, but not propelled. It is suspended in the air by our hands?
Is this a goofy question?
Yes, this is a goofy question (albeit well intentioned). The locality can still control what happens on their land. Suspended by your hand or not. Your feet are still on the ground.

But if you take off and land from property outside what they can control, then you are free to fly over the land as long as you follow all the applicable rules and other regulations.
 

Koala Tails

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I personally have not tested this, but I believe DJI stop us from taking off or flying anywhere that one authority or another have stamped as a no fly zone. So our interpretation of the regulations counts for nothing.
It’s not illegal to throw an item in the air, such as a ball or toy. If I carefully toss the spark & start the motors in mid air, did the spark take off?
Shutting down the props in mid air & attempting to catch the spark to avoid “landing” could be expensive.
 
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IanSR

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You don't need to do that, just grab the spark while it hovers in front of you and turn it sideways, the props will turn off automatically.

I like the thinking here, but generally that's the kind of questions that will get you into trouble anyway, a fire officer came round yesterday and complained about a bucket I had outside my front door (off to one side, not directly) and said it had to be moved because it was a trip hazard and if the house was on fire and thick black smoke was in that area I might not see it and trip over it.

When I pointed out that if the smoke was so thick that I couldn't see an item directly in front of me, then I had a lot more to worry about than tripping over a bucket, and was in all likelyhood, dead long before reaching said bucket, I was told "don't be ******* obstinate, that is the rule your landlord has now move the bucket or you'll be evicted".

The same kind of mentality is what is writing drone regulations worldwide, even if you drive a bus through the loopholes, you'll still be in the wrong, so give up trying to find loopholes now (and just seek forgiveness, much easier) and either don't update your safe flying database (if you are in a fly zone now that may be reclassified later) or just ignore it completely and install the NFZ firmware that is available.

Either that or just by a Parot and fly wherever you want.
 
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Spark 317

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a fire officer came round yesterday and complained about a bucket I had outside my front door (off to one side, not directly)
Should have told him it's your FIRE bucket.

It's there when you need it.

You grab the bucket on the way out to the hose bib to put out a fire.

Yeah I know, loopholes.
 
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beachcombing

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I personally have not tested this, but I believe DJI stop us from taking off or flying anywhere that one authority or another have stamped as a no fly zone.
This is not true. The DJI Go 4 app will not prevent you from launching in parks and such. It's up to the operator to know what the rules are.
 

Tafische

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I have no issues with this and I think it is reasonable. A municipality or landowner should be able to say if it is permissible to take off and land on their property - that goes along with my property right philosophy. BUT - The can not regulate us flying over the property.

Having said that - I think we need to be respectful of the property owner and not intentionally try to agitate them.

My local state parks have restrictions about takeoff and landing on the property. I contact the head ranger and he was very nice and gave me his list of what is permissible and what is not and where I could fly and not fly. I think this is a good compromise and allows the UAV flying community to be in the good graces of others. Abuse it and we risk more regulation and backlash. I could take off from outside the park and do whatever I want, but is that really in my best interest? I think not.

Great discussion!
 

Koala Tails

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I have no issues with this and I think it is reasonable. A municipality or landowner should be able to say if it is permissible to take off and land on their property - that goes along with my property right philosophy. BUT - The can not regulate us flying over the property.

Having said that - I think we need to be respectful of the property owner and not intentionally try to agitate them.

My local state parks have restrictions about takeoff and landing on the property. I contact the head ranger and he was very nice and gave me his list of what is permissible and what is not and where I could fly and not fly. I think this is a good compromise and allows the UAV flying community to be in the good graces of others. Abuse it and we risk more regulation and backlash. I could take off from outside the park and do whatever I want, but is that really in my best interest? I think not.

Great discussion!
 

Koala Tails

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I totally agree, as do most of the people here. It is unwise to agitate landowners or general public. We need the population to know we are respectful, & responsible, or we will face even more restrictive regulations.
This discussion is merely to vent our frustration.
 

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