Welcome DJI Spark Pilot!
Jump in and join our free Spark community today!
Sign up

Who has the authority to tell you that you can't fly a drone in an area?

Join
Jan 9, 2019
Messages
13
Likes
3
Age
38
#1
Hi everyone. First of all, this is purely hypothetical. I'm a mild mannered person and not looking for a confrontation. If I'm flying in an area, and someone asks me to not fly over their property, I'm either just agreeing to leave or asking nicely to finish capturing something I feel is important.

In any case, is it correct to assume the FAA controls the airspace? As long as I'm not endangering people/property or flying close to them, I can hover 100ft and zoom around basically anywhere the FAA allows correct? Line of sight of course, sober, etc. :)

Or, did I miss somewhere in part107 where property owners can refuse you?

Again, just purely hypothetical. I like to be armed with knowledge before ever running in to this situation. Also, if anyone has run in to this situation please describe what happened.
 

Dodge DeBoulet

Well-Known Member
Join
Dec 27, 2018
Messages
94
Likes
59
Loc
Maine
#2
The FAA controls the airspace. However, there are laws concerning the reasonable expectation of privacy, intrusion of solitude and other factors that could create issues for you.
 

pmshop

Well-Known Member
Premium Pilot
Join
Oct 6, 2017
Messages
1,355
Likes
1,036
Age
52
Loc
Fredericksburg, Texas, USA
Web
www.youtube.com
#3
Privacy laws all vary from state to state.
Only thing on the books in Texas is if the land owner doesn't like it, you delete the vids/ pics and no harm no foul.
Do it again though after that and you can be charged.

In Las Vegas, NV...250ft minimum altitude except for takeoff and landing to comply with their privacy law.
You are flying as a hobbyist, yes?
If you are then you are under Part 101E (formerly section 336)

I'm out in the country so the local municipal airport gets a phone call/ text message from me to let them know I'm going up within 3 miles of the airport - that is all the manager wants to know...not 4 or 5 miles out.

But in Vegas, class B "busy" airspace around McCarran, FAA requires you to have a Part 107 commercial license within the 6NM ring (10NM out to the north east).

And remember, when notifying those smaller airports, you are just notifying them of the flight.
You are not asking permission.
If you run into an issue like that, like one of the other members I helped here...just recite the following:

"I am flying as a Part 101E hobbyist (you can say formerly Section 336 also) I am just notifying you of the flight."
 

Andre Levite

WELL-TRUSTED MEMBER
Premium Pilot
Join
Jun 18, 2018
Messages
721
Likes
421
Loc
Treasure Coast of Florida
Web
how-to-spark.com
#4
Privacy laws all vary from state to state.
Only thing on the books in Texas is if the land owner doesn't like it, you delete the vids/ pics and no harm no foul.
Do it again though after that and you can be charged.

In Las Vegas, NV...250ft minimum altitude except for takeoff and landing to comply with their privacy law.
You are flying as a hobbyist, yes?
If you are then you are under Part 101E (formerly section 336)

I'm out in the country so the local municipal airport gets a phone call/ text message from me to let them know I'm going up within 3 miles of the airport - that is all the manager wants to know...not 4 or 5 miles out.

But in Vegas, class B "busy" airspace around McCarran, FAA requires you to have a Part 107 commercial license within the 6NM ring (10NM out to the north east).

And remember, when notifying those smaller airports, you are just notifying them of the flight.
You are not asking permission.
If you run into an issue like that, like one of the other members I helped here...just recite the following:

"I am flying as a Part 101E hobbyist (you can say formerly Section 336 also) I am just notifying you of the flight."
While it is true that the regulations use the word "notifying" and not "asking permission" in regards to contacting an airport that is just a technicality.

Upon notification the ATC has the authority to say. "No. Don't fly. I have a safety concern regarding that flight". In that scenario it would reasonable to ask why but wise to not fly even though you "notified" them. It has happened to me just once.

If it happened repeatedly without a valid explanation you could write the airport manager or FAA.
 
Join
Jan 9, 2019
Messages
13
Likes
3
Age
38
#5
While it is true that the regulations use the word "notifying" and not "asking permission" in regards to contacting an airport that is just a technicality.

Upon notification the ATC has the authority to say. "No. Don't fly. I have a safety concern regarding that flight". In that scenario it would reasonable to ask why but wise to not fly even though you "notified" them. It has happened to me just once.

If it happened repeatedly without a valid explanation you could write the airport manager or FAA.
Notifying ATC only applies to B-C-D airspace right? Notifying general aviation airports that don't have a tower are just the manager correct?
 

Andre Levite

WELL-TRUSTED MEMBER
Premium Pilot
Join
Jun 18, 2018
Messages
721
Likes
421
Loc
Treasure Coast of Florida
Web
how-to-spark.com
#7
Notifying ATC only applies to B-C-D airspace right? Notifying general aviation airports that don't have a tower are just the manager correct?
There are so many examples of the UAS regulations being impractical, contradictory and unenforceable. This is one of them...

According to the FAA instructions you are supposed to notify both the airport manager and the tower (if they have one).

1DC27A92-E05D-4A8B-86B0-260B2EFD3D9E.jpeg
That's burdensome for the pilot and the airport well. There's definitely a better way.
 
Likes: pmshop

New Threads

Forum statistics

Threads
8,749
Messages
72,681
Members
12,856
Latest member
Icebergg94