It's drone hunting season.

[pc747]

If you are one who either have a phobia of drones or just looking to shoot one out of the sky just cuz, then you may want to read this.

It may be a crime to shoot down a drone, aka unmanned aircraft, because of the risks it could pose on the people below.

So what if you have a situation where a neighbor is buzzing your house, pet, or space?

In that situation you should call the authorities as federal regulation prevents flying over people or filming people without their consent.

I am actually curious to read your thoughts on wether shooting a drone flying over your propery is within your rights?

Source: It Is A Federal Crime To Shoot Down A Drone, Says FAA

 

[Briankbl]

The air above the tree line on your property is open airspace. If someone wants to fly over this airspace, even if it is directly over someone's house, it's technically legal. You can't shoot a plane or helicopter for flying too low over your property, same applies for drones. Anyone decides to damage my drone while I'm lawfully flying, they're getting a nice lawsuit.

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[Sajo]

As someone who has spent their adult life in the Aviation industry I am on the fence on this one. I know it's illegal to shoot an aircraft while in flight. Do drones fall under the definition of aircraft? I think current FAA regulations consider aircraft as manned vehicles, so I honestly don't know. If a drone buzzes my house now & again I don't mind. If one is hovering / flying over my tree line / property for too long without my permission I may feel it's violating my personal space and take some action. If a neighbors house is for sale I would reason it's taking video of the house for sale and no harm no foul. But just cruising my property for no good reason, I may pull an Elmor Fudd and start blasting.

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[pc747]

You both make very good points and it will be interesting to see how the laws evolve over time with drones.

Right now it's still new, yeah we have the hobbyist who flew RC back in the day, but we are talking about a different animal.

With drones getting cheaper it is a matter of time before it get in more hands, and that also mean more potential for issues stemming in the future. Whether it be the results of adolescent kids (you can sadly put many adults in this category) or someone looking to make a point by doing harm to people (which goes back to our public vs security thread), it is a matter of time.

Yeah there are many out there who will fly responsibly as well as teach their children to. Unfortunately it's going to be the "one idiot" that is going to force changes.

Hopefully they are minor as forcing people to register their drones should hopefully cut down on some of the shenanigans.

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[Mustang02]

After years of baseball I may or may not hit one if it's hover over my house or in my windows.

 

[TisMyDroid]

Curious for clarification purposes; is the federal regulation that prohibits flying over people or filming people without their consent only apply to people on private property? Because in general, it is legal to take pictures or film anyone in public places (on the street, at a restaurant, park, grocery store, parking lot, etc).

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[Mustang02]

Curious for clarification purposes; is the federal regulation that prohibits flying over people or filming people without their consent only apply to people on private property? Because in general, it is legal to take pictures or film anyone in public places (on the street, at a restaurant, park, grocery store, parking lot, etc).

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I was wondering that too. We have drones flying over events all the time. No consent has ever been asked.

 

[Sajo]

I think the rules are different for private space versus public space. I might have to do some research when I have time.

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[pc747]

Know Before You Fly

^ there are the regs.

 

[Sajo]

Thanks PC. I didn't read the whole thing yet, but did see that those rules are for non hobbyist drones / unmanned aircraft. Most folks here probably qualify as hobbyist drone / unmanned aircraft operators. Any idea if there is a set of FAA rules for those systems? Or do the same rules apply to both types?

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[pc747]

Correction: Unless I missed something I did not see those actually addressed. Just left a grey area.

 

[pc747]

Press Release – DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems

^ Wow, it was address there and looks like I was wrong.

 

[pc747]

Press Release – DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems

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For Immediate Release

June 21, 2016
Contact: Les Dorr or Alison Duquette
Phone: 202-267-3883

Regulations will create new opportunities for business and government to use drones

WASHINGTON – Today, the Department of Transportation’s Federal Aviation Administration has finalized the first operational rules (PDF) for routine commercial use of small unmanned aircraft systems (UAS or “drones”), opening pathways towards fully integrating UAS into the nation’s airspace. These new regulations work to harness new innovations safely, to spur job growth, advance critical scientific research and save lives.

“We are part of a new era in aviation, and the potential for unmanned aircraft will make it safer and easier to do certain jobs, gather information, and deploy disaster relief,” said U.S. Transportation Secretary Anthony Foxx. “We look forward to working with the aviation community to support innovation, while maintaining our standards as the safest and most complex airspace in the world.”

According to industry estimates, the rule could generate more than $82 billion for the U.S. economy and create more than 100,000 new jobs over the next 10 years.

The new rule, which takes effect in late August, offers safety regulations for unmanned aircraft drones weighing less than 55 pounds that are conducting non-hobbyist operations.

The rule’s provisions are designed to minimize risks to other aircraft and people and property on the ground. The regulations require pilots to keep an unmanned aircraft within visual line of sight. Operations are allowed during daylight and during twilight if the drone has anti-collision lights. The new regulations also address height and speed restrictions and other operational limits, such as prohibiting flights over unprotected people on the ground who aren’t directly participating in the UAS operation.

The FAA is offering a process to waive some restrictions if an operator proves the proposed flight will be conducted safely under a waiver. The FAA will make an online portal available to apply for these waivers in the months ahead.

“With this new rule, we are taking a careful and deliberate approach that balances the need to deploy this new technology with the FAA’s mission to protect public safety,” said FAA Administrator Michael Huerta. “But this is just our first step. We’re already working on additional rules that will expand the range of operations.”

Under the final rule, the person actually flying a drone must be at least 16 years old and have a remote pilot certificate with a small UAS rating, or be directly supervised by someone with such a certificate. To qualify for a remote pilot certificate, an individual must either pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center or have an existing non-student Part 61 pilot certificate. If qualifying under the latter provision, a pilot must have completed a flight review in the previous 24 months and must take a UAS online training course provided by the FAA. The TSA will conduct a security background check of all remote pilot applications prior to issuance of a certificate.

Operators are responsible for ensuring a drone is safe before flying, but the FAA is not requiring small UAS to comply with current agency airworthiness standards or aircraft certification. Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning property. This includes checking the communications link between the control station and the UAS.

Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.

As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.

Part 107 will not apply to model aircraft. Model aircraft operators must continue to satisfy all the criteria specified in Section 336 of Public Law 112-95 (PDF) (which will now be codified in Part 101), including the stipulation they be operated only for hobby or recreational purposes.

I posted it above.

 

[Sajo]

I think we may be talking apples and oranges though on this subject. The FAA is designating operators as Pilots. Which are people with a FAA operators certificate or most of their way to a Private Pilot License. And they seem to be talking about using the vehicle for commercial used not private use. Since anyone can by a drone at Sam's, Wal Mart, Costco, Target, Amazon, etc and fly it around their neighborhood with no certifications or licences the FAA rules may not currently apply to them? Just a thought.

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[pc747]

I think we may be talking apples and oranges though on this subject. The FAA is designating operators as Pilots. Which are people with a FAA operators certificate or most of their way to a Private Pilot License. And they seem to be talking about using the vehicle for commercial used not private use. Since anyone can by a drone at Sam's, Wal Mart, Costco, Target, Amazon, etc and fly it around their neighborhood with no certifications or licences the FAA rules may not currently apply to them? Just a thought.

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Agree except you register your drone through the FAA, even recreational pilots. But this could very well be the federal government not wanting to over regulate in a situation where they feel the states should dictate how they want to enforce drone operators. The FAA is probably stepping in only to get them registered in the even a drone is found in the vicinity of an airport or major event (sporting event, concert, etc) and they want to know who they need to go after,