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If you do get in trouble

Luno

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Jul 12, 2019
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43
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36
Can/do police actually have power to fine you for your drone?

I’m sure if they instruct you to stop or bring your drone back in you would have to obey their instructions. But do they actually have the power to impose an on the spot penalty? Or do they have to refer to FAA, CASA whatever your countries governing system is.
 
There's some privacy issues and lots of places have local drone ordinances. So it is possible, but I'll let someone with more experience elaborate further on the subject.
 
Maybe a little backstory might help, I had an interaction with a police officer. I was actually just testing my return to home functions and how accurately I could rely on it in a local park.

Not sure if the police were called or just wondered last but he approached me to which I am always respectful but am well aware of what I am required to disclose to police.

He asked me if I could produce identification and I replied “hello officer, I do have identification on me however I must ask do you believe me to have or be in the process of commiting a crime, because if you don’t I’m not required by law to produce this to you as I’m sure your aware.” He then mumbled and asked me if I could bring my drone back to the ground, I replied and said “I can do that but I’m curious as to why you want to speak with me.”

He mentioned that he would prefer if I didn’t fly my drone in the park and that if I wouldn’t comply we could fine me. I asked him what the fine would exactly fall under because I am unaware of what exactly I could be fined for and that I was operating my drone within the rules and regulations of CASA (my countries regulatory system). He just repeated that he would ask me to not fly my drone or that he could fine me if I did continue to do so in a more stern and slightly aggressive manor.

I politely said to him that i will follow his orders until I find out exactly if he has the power to stop me flying in the park and/or fine me as I do not intend to break the law. He then went back to asking me for where I live and my identification in a far more aggressive manor.

I called my lawyer and put him on loud speaker and asked the police officer to address his concerns to my lawyer and he will determine if I do have to legally give him my information. The police officer mumbled something again and walked off telling me again if I fly my drone in the park again I can be fined and added my drone may be confiscated.
 
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I need the number for your lawyer, because I don't have one in my speed dial. I admire you for being in the right and not backing down. My luck, if get tasered and my little Spark would get stomped on, lol.
 
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I need the number for your lawyer, because I don't have one in my speed dial. I admire you for being in the right and not backing down. My luck, if get tasered and my little Spark would get stomped on, lol.

Haha he’s on retainer so he has to deal with my little nuisances. But I did learn that trick one day after after a traffic cop was way out of line and there was no logical way to defuse the situation. So I just called my lawyer and asked him to deal with him. Ever since then any issues like that I just call him and every single time the police officer has backed down.
 
It's surprising how little most police officers know about the law, particularly if the subject is not something they deal with regularly. That being said, in the U.S. the courts are fond of saying "ignorance to the law is no excuse". Apparently it is, at least for some officials that overstep their authority.
 
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Can/do police actually have power to fine you for your drone?

I’m sure if they instruct you to stop or bring your drone back in you would have to obey their instructions. But do they actually have the power to impose an on the spot penalty? Or do they have to refer to FAA, CASA whatever your countries governing system is.

Depends. They can cite under local and state law. Some localities have ordinances restricting drones. Some state laws are pretty extensive for aircraft laws and some aren’t. Then it also depends if you’re actually violating any of those ordinance or laws.

A good example would be deciding to flying after enjoying a bunch of drinks at a party to show off your drone. I’d wager money your state has laws that pilots can’t be drunk. He could charge you for a violation of that. A less example would be flying in a park that has drone prohibitions.

The FAA also accepts reports from local law enforcement. Let’s say you were flying an unregistered 1 pound drone in restricted airspace. Local and state laws may not have been violated but the FAA may get the report from local law enforcement and decide to issue fines based on that.

Above all, local law enforcement can physically write a ticket for anything at any time. It may not be a legal ticket and the violation may not even be true. It’s like how someone can sue anyone for anything, but there may not an ounce of truth to it. The proper way to address is through court. The improper way is to argue or fight with the officer and run the chance of getting more charges and/or looking like an idiot in court with body camera footage. There’s a chance that you may even find out you were in the wrong after further research.
 
What do you dislike s
What do you dislike so much?
i am not sure what country you are in so maybe the police are different but maybe the cop was just trying to do his job. You seem to have the spiel about producing your ID memorized and a lawyer on speed dial which was probably more work than a simple internet search of local laws. Again I don’t know where you’re from. Maybe it’s just me.
 
Depends. They can cite under local and state law. Some localities have ordinances restricting drones. Some state laws are pretty extensive for aircraft laws and some aren’t. Then it also depends if you’re actually violating any of those ordinance or laws.

A good example would be deciding to flying after enjoying a bunch of drinks at a party to show off your drone. I’d wager money your state has laws that pilots can’t be drunk. He could charge you for a violation of that. A less example would be flying in a park that has drone prohibitions.

The FAA also accepts reports from local law enforcement. Let’s say you were flying an unregistered 1 pound drone in restricted airspace. Local and state laws may not have been violated but the FAA may get the report from local law enforcement and decide to issue fines based on that.

Above all, local law enforcement can physically write a ticket for anything at any time. It may not be a legal ticket and the violation may not even be true. It’s like how someone can sue anyone for anything, but there may not an ounce of truth to it. The proper way to address is through court. The improper way is to argue or fight with the officer and run the chance of getting more charges and/or looking like an idiot in court with body camera footage. There’s a chance that you may even find out you were in the wrong after further research.

Really valid point! I guess I would rather know that I am within what’s legal and allowed rather than take the chance of rolling the dice. At least then I know even if I do get fines or taken to court it’s worthwhile challenging it

I tried to call my countries version of FAA but was on hold for too long, so will try again tomorrow. I do also use an app called ‘can I fly there?’ Which mainly gives you information on interfering with airspace’s but I did check it before I flew in the park
 
i am not sure what country you are in so maybe the police are different but maybe the cop was just trying to do his job. You seem to have the spiel about producing your ID memorized and a lawyer on speed dial which was probably more work than a simple internet search of local laws. Again I don’t know where you’re from. Maybe it’s just me.

I understand where your coming from, and to be honest I really enjoy laughing at the videos of people in America that antagonize police in the manner I assume your talking about. When the police are just doing their job. I enjoy the job the police do and respect them for that. I do Also firmly believe that they should be held to a higher level then the average person. If your going to be put in charge of upholding the law you should probably have a reasonable understanding of it. And should definitely abide by it yourself.

I won’t go into detail but I have a criminal history that has made several interactions with police become very concerning when dealing with me (this history is many years ago and I am not that same person). However when they learn my name and check my information it has resulted in me having guns pulled on me for no reason and my life threatened. So I do try to avoid them learning who I am if I can avoid it. Also my history sort of explains why I still have a lawyer on retainer.

Also I live in Australia, an amazingly fair and just country
 
A good example would be deciding to flying after enjoying a bunch of drinks at a party to show off your drone. I’d wager money your state has laws that pilots can’t be drunk.
That infraction is clearly defined in the FAA rules. It's possible a state or local ordinance could codify it as well, but states and local authorities often overstep their authority and wait to see if a test case tells them they can't do it. It's happened in Florida in recent years.
 
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Can/do police actually have power to fine you for your drone?

I’m sure if they instruct you to stop or bring your drone back in you would have to obey their instructions. But do they actually have the power to impose an on the spot penalty? Or do they have to refer to FAA, CASA whatever your countries governing system is.
nope they cant issue tickets or arest you.. all they do is if the other person feels violated and you give the cops and other person your faa number then the faa steps in slaps you on the wrist of fines you b ut cops cant do anything..
 

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