Drones Flying Over Private Property - Can You Stop Them?
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- čas přidán 7. 06. 2024
- Do you own the airspace above your property? How much do you own? Can a drone fly into it legally? If you want to learn more about drone rules and regulations subscribe: / @51drones
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I fly a drone for a news station as part of my job and we've had these issues come up with our legal team since often there are people who don't want us flying where we're flying, and I have to say you're absolutely correct according to our lawyers. People can restrict your activity of taking off, landing, or flying your drone from the ground, but only the FAA can restrict what airspace you're allowed to fly through. Some important notes/distinctions that have come up for our station: 1. Pilots are required by law to comply with instructions or request of law enforcement or emergency personnel, provided it does not interfere with safe operation of the aircraft - Meaning if a police officer tells you not to fly over a car crash, fire, etc. You have to safely land your drone and comply with their request, to this end they are also allowed to request to see your certifications, flight logs, or replay your video to make sure you weren't engaging in illegal voyeurisms. Another important cavate to this is that if you're flying over say a fire and a fire chief asks you to fly to a specific area to give them a better view of a situation you are required to do this so long as it doesn't put your drone or any bystanders at risk. (your safety responsibilities as Pilot in Command supersede these request) so essentially you and your drone can be commandeered for public good. 2. Any space internal to the structure of a property is considered private, so you can't fly into someone's garage, under their awnings, or even below the confines of a closed in fence, which is pretty darn low and cheeky anyway. 3. Your responsibilities to fly your drone safely as PIC are federal and supersede ALL local ordinances or restrictions on where you are allowed to operate your drone from the ground. So for example if you're flying a drone and the wind picks up forcing you to make an emergency landing in a nearby park that has restrictions on drone flying/operations, you can move into the park while controlling the drone in order to maintain visual line of sight and land it safely. Another example of this might be if you have to make an emergency landing in a restricted space and have to violate that space to retrieve the drone, you are allowed to do that, provided you don't have to violate any physical barriers (fences etc.) to do so, as breaking and entering is still a crime.
Good post!
Hi Daniel, every time the police or fire departments go to a location, that current location will be marked by the FAA LAANC system as a "No Fly Zone" and will show up on all of the LAANC apps very quickly.
Longest reply ever!…😭😭😭
Oh shiiit, now im praying for police and fire departments to command me to pilot for them. I found a lost dog once which was amazing lol.
@@CanyonRunVideos just not true
I worked at FAA Flight Standards as an inspector for 31 years. Excellent video and are right on with the info.
Needs to be pinned!
@@playoflightphotographicsllc
Thanks for info, I don’t think I can pin it.@@playoflightphotographicsllc
I bought a few of these without seriously considering the 4th Amendment, which supersedes my right to drone recreation. The only place I'd fly these is in a desolate area with the land owners permission, or over public land. Even on public land, I'm sure they've made it illegal somehow. They're almost all made in The PRC anyway, so I don't really care if they're banned for any use other than for emergencies or by the land owner over their own property. Less money for The PRC is a good thing.
Did Congress make the law pertaining to drones? Did the FAA make the law themselves?
I am a recreational flyer and I live in a rural area in NW Pa. 95% of my flights are out of my yard. An incident occurred on September 3, 2023 and the PA State police now have my Air 2S. I was filming a hyper lapse video of the sunset when I received a critical battery error (my own stupidity) and the drone made an emergency landing about 400 meters from home. I could see that it had landed on a neighbors property and waited until the next morning to go there and ask permission to search. When I did they told me that they had found it and called the police who came and took the drone. I was happy to hear that it was found and figured that all I needed to do was call, explain what happened, and go retrieve it from them. I made that call on September 4 and was told that the officer involved would have to call me back. I waited a few days without hearing a word then he finally contacted me. He informed me that I wouldn't be getting the drone back soon if at all because there had been other complaints, about drone flyers in my neighborhood. I explained that I could easily prove that there was no malicious intent on my part by showing him the flight logs. I also told him that everything I filmed would be on the memory card in the drone and, if he removed the battery, he would find a sticker with my name, address and phone number on it. He didn't want to hear that though and was very arrogant and downright rude when he told me that he was gathering everyone in the area who had complained and they were taking me to court. When I inquired about a timeline he said that he couldn't even start the 'investigation' until he gets off of 3rd shift. Its been a month and he still has not started the investigation. Since then I've done some research and found that civil forfeiture laws exist that allow them to keep property indefinitely even if there are never any charges or arrests made.
UPDATE ... I received a call from Trooper Lewis of the PSP today and he informed me that he would be filing 'unlawful use of an unmanned aircraft ' and also 'disorderly conduct ' charges against me. The disorderly conduct charge really blows my mind. When I asked him about it he said it was because 2 other officers had visited me with warnings. Those officers never issued any warning either written or verbal. Unfortunately with my wife battling breast cancer and heart problems and with both of us being retired on a fixed income the money won't be there to hire a lawyer and fight this and my income will keep me from getting legal assistance.
@@skidrose6067 so what happened?
That's totally messed up how could you possibly be charged with disorderly conduct!? Id take it to trial straight up!
@@haidenmorgan - from a LEO that is totally messed up. sounds like they dont even want to do a proper investigation. stuff like this scares me and makes me rethink drone hobbies. I may just sell my drones and get into ROVs instead, as no one cares what im doing underwater at the lake....
Thank you Russ for this intelligent discussion! When we know better we do better, thanks for bringing this information to everyone’s attention. I am working on my part 107 certification and I watch all your videos to increase my knowledge and understanding for flying a drone as a business. Many thanks and keep up the good work!
Great information. Thanks! You reaffirmed some points I’ve read about and brought some really valuable details I didn’t know. Love your channel.
I absolutely love your channel. As a part 107 pilot, I get a lot of great information from you. Thanks
This is such a thorough and informative video from the beginning all the way to the end (Yes! Even the sponsoring part because it is a very useful tool.) Thank you so much for sharing all of the research you did and your knowledge with the public. Liked and subscribed. 🙌
Probably the best explanation of private airspace to date.. Well done man.. I have my 107 and I found this very useful..
It was abouit "navigible airspace", not "private.
Howdy Russ, thank you for your excellent knowledge in the reporting of these rules and regulations. As always, you do your research, and as you stated, state when you’ve been wrong. Well done, and look forward to you future reporting on this very touchy subject! 🙏🙏
Russ, thank you for this video. You channel is always informative!
Great video, thank you very much for clarifying that information!
The problem is there’s people who automatically believe every drone is watching them regardless of the actual intent .
In defense of ranchers and the like, any drone you find 2 miles from the nearest public road, probably is spying on you
Thank you for clearing this up it's always good to hear facts
How and what made this Facts ?
Thanks Russ, that answered many questions.. & concerns I had about flying around in my neighborhood.
Great info, thanks for researching and sharing.
Thanks for the update
As a drone pilot myself I really appreciate you making this video.
Drone pilot...... lmao🤣
well than people playing with remote controlled car toys - drivers!
😂
@@flipphonewizard5448 Could be military or commercial 🤷, though the term "operator" is more accurate
Wheres your licence and road tax paperwork? You got a license to "drive", right?
@@UpcomingJedi Actually, that's what a 107 certification is. You have to be 16 years old to be certified. It certifies you under federal law as a "remote pilot in command" of an aircraft. If you're flying under a 107, then your drone is registered with the federal government (which you have to pay for just like a license plate) and is outfitted with a remote ID broadcast module, and must be marked with your registration number. It's almost exactly like a car.
Great informative video as always bud!
Thanks a lot for this video. It's very kind of you
Very informative. Thank you for posting.
I really appreciate videos like this. The laws seem to be changing all the time, many times for the better, but it's difficult to keep up with. Thanks.
The shorter summary is, only the FAA can regulate the airspace. Local governments can only regulate where you can land and take off. That's the complicated part.
very informative!! Thanks for always keeping us informed.
That was a good informative video. Thanks !
Clear and precise. Excellent video
Why don’t people go after google for the satellite view?🤔
This will become the go-to video on this thorny topic. Well done, Russ!
I am most interested in reading viewers' comments on whether airspace usage regs/laws should ultimately be decided at the state or federal level. There are reasonable arguments for both.
Despite being a big fan of federalism and 10A/states' rights, count me among the viewers who believe this falls among the few issues which over which the federal government should have the final say.
I'm always game for civil discourse on topics like this and will be following this discussion closely.
Thanks again, Russ, for a great video!
Agreed
I whole heartedly agree. Excellent video. As a sUAS Instructor I have had this conversation more times than I can count. Russ eloquently when though the issue and explained the nuances associated with this highly debated subject. Well done!
Since the FAA completely regulates ALL registered aircraft in the U.S., there would be no safe way that multiple agencies to control the national airspace safely.
Imagine the nightmare of having to read through the rules and regulations concerning legal drone flying for every municipality within 50 miles. And then keeping up to date on those.
@Strange Daze hovering over someones land does not mean they are surveilling you or your property. Just because I stop to do a horizontal 360 video of the general area does not mean I am doing anything with your privacy. The other question is, how low is this drone? If it is high enough where I can not easily determine if the person is male or female, or for that matter see you at all, I would think makes a big difference. There is very little land in the USA that is not owned by someone, so with that said drones would not be able to fly anywhere if that was the case.
Great video as always! Thanks for the information.
Good video discussion! Thanks
I'm in UK. I always doing my best to follow the rules. Never even point the camera at people. I also keep my flight records in case someone want to challenge me.
Thanks for sharing.
Great job on this tricky topic! I'm keeping this video bookmarked. As a 107 certified commercial drone operator, this is something I have to explain on a regular basis. Just to expand on local laws, drone operators do need to understand just because they are legally allowed to fly over private property, they are not able to commit a crime or violate local ordinances by doing so. This means they can still be charged not only with voyeurism and spying but harassment, damage to property, public endangerment, and more. Also, many local governments (mine included) have illegal, federally pre-empted drone laws on the books, and LE can still enforce these laws, leaving it up to the pilot to take the case to court. I spent several months trying to have such laws reversed and was finally told that these laws will stand until they are tested in court. Finally, it's usually better to avoid conflict in the first place, and deescalate by moving to another location or taking the time to explain what you are doing and why. I know a lot of operators who just quote the laws without actually addressing someone's concerns. Thanks again!
@@FlyingBuzzard That's right, which is why the handouts I carry have a whole section for law enforcement explaining their jurisdiction. However, the problem is they often don't know or don't care.
City, county , states rights vs feds, local laws are legal, and local LE know thier own jurisdictions law. DC idiots don’t. Majority of law is at local level. Look at sanctuary cities, weed cities, legal,in town, still Fed violation or the opposite, Feds allow, locals don’t. FAA can only regulate what’s in its agencies authority to do so. They have hands full with CA/GA manned aircraft, unless you interfere with manned flight they don’t have bench or bandwidth to cover tens of Millions of drones. Look at ATF,3000 agents for 331,000,000 people and 425,000,000 guns.Even common core math tells you not doable. Most issues will be handled locally, and FAA will probably only focus on UAV/Manned flight incidents or restricted space incursion or single unique one off incidents. Most property owner probably care less about one off fly bys, but if you’re repeatedly harassed, then they get mad. And if you are doing something questionable as operator, the last thing you want is LE involvement, so you won’t complain if you get shot down, otherwise LE wil see all,your photos and videos etc and you might end up,with dozens of charges if they find out you been photographing multiple persons etc. especially minors. Bad people never will call,police, they be thankful they didn’t get caught and move on.
Drone operators need to monitor and discipline their own. You need a regulatory system to deal with drone operators that harass domestic abuse victims, hover in their windows day and night, drop trash on lawns, fireworks on rooftops and dye packets into private swimming pools. These are the operators that are going to be the reason for regulation, laws, fines and jail time. It is just a matter of time.
Promote drone search apps for the General Public to catch these drone Kevin's or be regulated further.
Very interesting and informative, thank you
Great job, Russ. Concise and accurate information. Everyone, even Clyde, needs to watch this video.
Great video! I was just having this conversation with my son-in-law as he does home inspections and uses his drone to inspect roofs. Sure is a lot safer than climbing on steeply pitched roofs. I also checked into drone laws in New Zealand as I have a daughter that lives there. According to what I read you need permission to fly over someone’s house unlike the USA.
He has his 107?
Umm There is a difference between flying slowly 2 meters next to your house and inspecting and flying over your yard 10 meters above the ground and generally doing transit flight. I think it all relates to how invasive is the flight to the owner. But I doubt you need to have a permission to fly above someone's property, coz that way all the planes, rescue helicopters, private ultralight planes would need to have permissions too.
@@misiakufal
Aircraft and helicopters don't LINGER over Private property. They are doing an OVER FLIGHT. I live near a National Guard Base and helicopters and fixed wing Aircraft are constantly flying over my property. But they don't LINGER over my property. I have wind turbines and I had to put lights on the turbines as per the FAA. I had my property before the National Guard Base was constructed. But I still had to install lights on my turbines. Can you imagine a C-130 or a C-17 just missing your wind turbines by inches? Now I have red strobe lights on my turbines and my roof.
Excellent video. Great description of the rules.
Great video. Thanks
Yea, Arkansas limits filming a bunch of infrastructure (including police stations and court houses) as opposed to flying in the airspace. I use the top of the trees/roofs as a minimum altitude, but I like getting permission too! Great vid.
Um. Yeah. They can’t do that. 🤷♂️
The rules are simple: As a drone pilot, behave just like you would expect others to behave.
My play set:
- Respect private properties and think about noise abatement.
-If you are on a job and you need to fly over or around a private property for a longer period of time, maybe consider informing the owners beforehand and kindly inform them about what you are doing and the legal situation. Involve them, do not fight them.
- Try to understand how uninformed individuals feel about drone operations, especially over private grounds or crowded spaces. There is a huge difference between a drone flying over a property briefly or a drone hovering low level for 15 minutes at or over your premises.
- Do not operate close to people and if so, behave like a pro. Doing crazy FPV practice in crowded parks is a no-go and an annoyance to others. If you want to practice, go somewhere less populated and avoid confrontations.
- Inform people about drones, safety and rules,, do not fight them
- Do not film individual people, assets or properties without permission
-Act like an adult and always be friendly and professional. Do not act like a Drone-Caren...
Aviation in general is and should be a thing for humble, professional and honest people, not a place for harzadeurs and reckless personalities. Do it professionally and resonsively. Tell others to act accordingly.
Well stated.
@@51Drones Just my thoughts, keep up your great work for the community!
Thanks for the info, very useful.
Thank you for this :)
The thing with Easments on private property is they are intendted for transit, not for extended loitering. So yes you can fly over or 'through' 'private' airspace but it is gerneally a good idea not to loiter for too long above that private property just ot be safe as a pilot. < just a good rule of thumb
@@edwill62 This is so confusing, what part is he wrong about?
@@edwill62 Thanks for your help. I guess I'll get to googling. So nice talking to you, Sir.
@@edwill62 It actually enforces and provides evidence that you can use to prove your actions with a drone. I think you are the confused one here.
@@edwill62 Precisely why UAS aircraft are not flown or given the same justification by definition needed as would a standard aircraft even as a small as Cessna. The determination, at this point, of being fined or criminally charged locally is up to the actions of the operator, their intent, and whether the investigating authority can determine any malicious intent.
For now, as it stands, flying a drone over someone else's property is not illegal by federal code including the FAA but I'm sure that will change into a lengthy and descriptive statute. Whether it be over private or public property, harassment is subjective to the victim and/or criminal code of the local authority.
Without any clear definitive code on the topic, flying a drone over private property in itself isn't criminal nor enforceable unless restricted by FAA rules or sanctions such as a TFR. If the operator is flying in a manner disruptive or intrusive to the property owner, they would have to articulate such intrusion as the airspace above property is generally vetted as public domain unless otherwise explicitly expressed.
For example, a pilot flying low over private property is not immediately considered harassing to the pilot just because the owner of the property deems it as such. The owner would need to articulate explicitly how such actions are intrusive. Most criminal code considers crime against persons or property written with intent as a necessary element of the crime.
On the other hand, it's usually just common courtesy just to ask the property owner for permission to fly over their property if it may be thought that your actions could disturb the owner.
Air rights extend to the airspace above the surface that could reasonably be used in connection with the land. If you're flying over someone's house but not at eye level in their backyard, for example, it's presumed that the airspace is public and no longer under the immediate control of the land owner.
@@edwill62 May I also note that until the FAA makes determination on the airspace below 400 feet in uncontrolled airspace, the limitations of UAS flight over private property is up to the local authorities to regulate. There is no federal law prohibiting drone flight over private property but local laws may have further regulation on the matter, as given to them by the authority of the 10th Amendment.
This video was very helpful. I have my Part 107 license but this topic has always been the one that I struggle with because people tend to assume the worst when it comes to drones. This gave me a better understanding. Thanks!
Dont be fooled a lot of city agencies, private organizations, etc. Know about the FAA rules and assume that YOU dont! Knowledge is power my friend. Also as a part 107 pilot, flying for work allows you to keep up the FAA and educate others as well.
Thank you for your information
Great video and as an owner of a couple of Ecoflow River Pro's they are brilliant.
Hey Russ, very informative video! I'm a Part 107 card carrier and I've found when I'm at a job site to shoot (poor wood choice) aerial photography, I wear an orange and black highly reflective jacket that states I'm a Certified FAA UAS pilot. This jacket has saved me from many conflicts and actually has enticed the curious to ask me questions and create many great conversations. Just my two cents. Thanks for your diligent research.
I do the same if it's an area with a lot of people around. I also have a choice of vehicles to take, and if I think that the location has a high probability of getting hassled, I take my nice car. Otherwise I take my "beater!"
Is this a homemade jacket? I'd like to see it. I don't suppose you have any photos?
I wear a bright green one that says - FAA Certified Drone Pilot in large letters on the reverse. Makes me look official.
@@shawnmulligan4564 Thanks for the suggestion. I was pleasantly surprised at how easy it should be to have a custom vest made.
Yes; there certainly is a difference when I wear a safety vest and not. Just a stupid safety vest, with a badge holder, somehow makes you "official" and people don't question your presence.
A while back my next door neighbor's dogs, which were tethered together, we're stolen. Without the behest of my neighbor I got up at 5:00 in the morning to fly my drone with this thought in mind. I fed my dogs early and then they went out to do their business. With this thought in mind I flew over the backyards at a high altitude with the gimbal straight down and on the second day I found the dogs. As I thought they weren't too far away and this person that took the dogs thought that they were being mistreated by being tethered together. So I flew over many properties at a pretty good altitude at Dawns light.
I replayed the video clip for my neighbor and he got the dogs back. Lucky for me nobody filed a lawsuit or anything like that. Flyboy K85
This is a justification for flying over peoples homes. Doing it casually…like a peeking Tom is not acceptable behavior. Glad you found the dogs.
Your motivation was heroism. Too many others is way less noble.
I ENJOYED this video so much that I just SUBSCRIBED to your channel. I especially liked the part about the air space above property. I leaned quite a few things today. See U on your next Educational video. Cheers !! 😎😎😎
This is a great video/explanation. Bookmark it!
One of my favorite photos is one of a bald eagle taking out a drone.
and the drone chopping it's feet with props.
Clyde: “I thought it was a hawk after my chickens!”
Thanks for the information
Very informative.
Great job explaining the rules! I’m sure if I decide to take off and land in my neighbors property that could be considered trespassing. I know I’ve been careful to take off and land in a public area. I’ve had a few run ins with people asking me if I’m allowed to fly…which I am. Also I’ve noticed the more I look official (safety vest, clipboard, etc) the less likely I’ll be stopped. 😊
thanks for making a nuisance of yourself
Very well explained!!
I had a debate with someone about this. I ended it with “have you ever heard about owning beachfront property, and how people are allowed to walk along the beach ‘on your property’?”.
He agreed, adding that it was considered a public easement.
I said ya, thats why you cant prevent aircrafts from flying in ‘your airspace’, because its a public easement for aircrafts…
He promised me I was wrong 🤣
Washington State grants public easement at beaches only below mean tide line. In other words, at low tide near the water you can presumably walk along the beach but higher is not part of the easement. Hawaii, on the other hand, the State owns all beaches.
@@thomasmaughan4798 what about on a river or lake? Not all beaches have tides.
@@halkael2317 "what about on a river or lake?"
I have not studied that aspect. I suspect given the jealous guarding of waterfront property that lakes and rivers are privately owned right down to the water edge.
@@halkael2317legally surface water is in the Public Trust. So no one can technically own the water but can own the property around it and under it and in some states the land owner can sell the water. US laws are such a complete mess.
Wow! This is only the second video I’ve seen of yours, and so far The Best Yet for information about flying rules, and info! I just started back flying after a long time away, and of course tech improvements into satellite equipped! Awesome! Appreciate the new info, as because before I got back into them, I had initial offense feelings when a drone flew over me! Go figure! Now I know more about the rules! Thank you! Great job!🇺🇸
awesome video. Well Done.
Very informative video, funny just the other day my wife and I discussed the issue of privacy. My wife was a magistrate in the state court system and had heard of cases/complaints about drones. She said it was a gray area, neither judges, lawyers or litigants were never quite clear on the state/federal laws. Your video should be required viewing for law students.
@@FlyingBuzzard "regulators" do you mean the lawyers, and/or law makers?
regulation is not law. Actually Common law and property rights should prevail. Some Government agency cannot just decide to take private property. Reasonable people would probably agree at 400 foot or so for Private light weight UAV is OK but Commercial No Way. Next big thing will be Jammers..Also. Property ID broadcast and flight blockers. Pilots will agree if reasonable. The FAA isn't GOD and a rule is not a law unless I agree to be brought under it. PROPERTY RIGHTS ARE WORTH FIGHTING FOR UNLESS YOUR A FROG. THE NOTION THAT FEDERAL LAW TRUMPS EVERYTHING IS WRONG. Read the people that wrote it. IF YOU WANNA ALLOW PEOPLE ON OR IN YOUR PROPERTY GO AHEAD BUT MOST PEOPLE WILL FIGHT YOU OVER THIS.
there are enough slip n fall lawyers as is.
@@TelecasterRon Should be at least 500 feet
As screwed up as it would be (and is) I think we are far better off with Federal regulations than a new set of rules whenever we enter a new town or cross state line, that would just be chaos.
Well said, and highly informative.
Thank You! Well done.
It's not 83' ... it's 500'. 😂😂😂
Very informative. We need videos like this to remind ourselves, Part 107 or otherwise, what the rules are.
I fly several times a day 6 days a week, and I can count on one hand how many times I had some local person give me a problem. If I see neighbors or concerned citizens I inform them of the operation. I have had many occasions where the neighboring home owner pops out to ask why that drone was over their property. I tell them, offer to show them images captured, and that generally stops any further issues. In fact, many of them are just taken by the imagery I have on the monitors.
More issues can possibly develop during missions where the drone is repetitively flying the same routes. Again I think those having the proper professional looking vests, communication with residents are a remedy for any action or concerns of private citizens. On the other hand I have seen many in plain clothes uAS operators get the attention and a more heated concern or confrontation from residents.
I too have on rare occasion had a homeowner warn me about shooting down our drones, but I quickly remind them of the FAA laws prohibiting them to do so. They usually walk away afterward.
Your images response is very weak, if you told me that I would say, how do I know your not using your drone for surveillance to find out who owns what in there yards
worth stealing ? who is growing a garden or has a greenhouse worth breaking into ,(food inflation has caused massive garden theft in the past 2 years)
@@flolou8496 - And your concern is "VERY WEAK" as well. Assuming everyone around you is a thief, Jeez!
Great job bud!
Good job Cool video!
Bravo! Thank you.
You can actually sell the airspace above your property just like mineral rights - this goes on the deed/title of the land. I sold the airspace above my house to the FAA because I’m in the approach way of an airport, so I couldn’t actually use it anyway and the FAA provided soundproofing for my home as consideration for the deed modification.
Hope they paid you at least seven figures to give up your property like that. I wouldn't.
@@tcapone1734 seeing as how the FAA already owns/controls the airspace near an airport, I wasn’t really selling off anything I hadn’t already lost…. And it was big 5 figures, near 6 for all the windows, insulation, and soundproofing.
Would you do it again?
@@MarkBerenger and yet the windows and other soundproofing in my hose today along with the contract I signed that explicitly calls out the FAA seems to indicate they will pay me for the airspace above my house. Your general idea isn’t that far off however. I don’t think they were required to pay me, but they did so I couldn’t sue them or the airport - it was way cheaper to just “buy the airspace” than to fight a lawsuit I suspect.
Yeah; more taxpayer money handed out, so we ALL get fleeced, as usual, to give $$$$ to someone else, by FORCE.@@tcapone1734
Great information as always! I really appreciate this. My story: I was flying my drone at my house neighborhood like I always do.( my drones are registered with FAA, I'm trust certified, I follow all the rules) one of my neighbors, came out the other day, and he told me do not fly your drone over my house. I said, " no problem " because I didn't want to start something with my neighbor, but clearly he hates drones, do not know the law, or its hiding something. Lol
@@FlyingBuzzard Umm...did you not just watch this video? Or do facts and the law just not matter to you?
@@FlyingBuzzard no you haven’t. Do you even fly a drone?
@@FlyingBuzzard you’re making it an absolute issue, which it isn’t and no one claimed it to be. It is clear that only the FAA makes the rules for airspace to avoid a “patch work of laws” that would make the skies unnavigable. Denying that is either ignorance or intellectual dishonesty. Now if some one is flying outside your window 20 feet above the ground “looking” in, than that is obviously a different issue. But if someone flies through the air over your property at 100 feet, then there are no laws violated. There is no trespassing above ground.
You may not like it, but that doesn’t mean YOU get to ignore the law.
@@BigAlMerrill Different reality, different facts.
You can fly "over" his house all day long. The issue only comes if you are accused of surveillance. But if you want to do laps around your neighborhood which includes flying over his house, you aren't breaking the law.
This was very helpful, I hope more people Learn the rules.
Great video and very timely as during the summer there are so many drones in the air. Questions continually come up about flying OVER someones house. Thanks for the clear information, much of which was already known but also presenting a lot that was not.
It depends upon what the drone is doing. For instance a Peeping Tom was using a drone to peek into a young girls bedroom. It was only about 5-6' off the ground and was below the top of the picket fence. The father used a fishing net to bring it down. The local police were not able to positively identify the owner/operator. When contacted the FAA was totally uninterested. The FAA said call them back when the owner/operator was arrested.
Can you provide any proof of this? I'm genuinely curious.
@@fetherolf13 It happened to my across the street neighbor. As posted there was nothing the police could do and the FAA was not interested. With the current situation with Remote ID it may have helped if that functionality is installed by the factory and made non-removable. Strangely enough the family became interested in drones and now participate in a drone racing league.
Here's an idea. Close the curtains. Problem solved.
@@ifly-fsx Here is a better idea do not be a Peeping Tom!
@@NighthawkCarbine Here's an idea. You can't control other people. But you can control what you do in your own house.
Notably absent on drones are restrictions over private property hovering intruding on one’s private property. Also a malfunction over private property may harm someone or damage private property.
Same with every aircraft in the sky. Someone had a piece of an airliner engine land in their front yards. Planes crash into houses.
There are rules regulating unsafe operation of a UAS.
Great topic. I was wondering about that.
That was super informative Russ, thank you. I just got my part 107 and starting to get into drone work here in CA. I'm 100% positive I will encounter this situation in the near future and it's nice to already have a head start when explaining drone laws regarding private property and air space. Thanks.
Had someone fly a drone really low in my backyard, right outside my back porch door.
The drone was literally watching me, I saw it, stepped out the door and the drone flew away.
It was at night and there was no way for me to know who it belonged to.
I don't think they should be legally allowed to fly beneath your roof or privacy fence.
That's 100% an invasion of privacy and should not be okay.
I am sure that this does not make you feel any better now, but odds are, the person that was filming into your home was breaking the law, both local and FAA law. Odds are if the person was low enough in your yard that he could film inside your back door, there is no way he still had Visual Line of Sight of his drone. The drone would most likely be below a fence line, bushes or trees and could no longer be seen by the pilot. That is against FAA regulations. Let alone breaking "peeping tom" laws.
People just need to chill. If a drone is able to peer into your windows, odds are, they are breaking the law. I am a Part 107 Pilot and if someone is hoovering right outside my window with its camera pointed at me, let's just say I would take my chances in court and introduce a baseball bat to that drone. That being said, 99.99% of the time that somebody is in their backyard nude sunbathing, nobody wants to see pictures or videos of it. Breath, and remember, just about every person around you is carrying a near movie quality camera in their pockets. Unless you want to ban cellphones too, be careful what you hope for.
That's not legal. I can fly over your property but I can't be looking in your windows. Now I can take pictures from the street. If I can see inside your house from the street I can take pictures of it from the street. I can't fly a drone up to your back door for multiple reasons. Drone out of line of sight. Unsafe operation of the drone. Then any local or state peeping Tom laws. Plus after September most drones will be RID compliant. All the new dji drones have it so you can see where the operator is.
@@scottrhodes3701lol calm down drone boy
If you can physically hit the drone over your property with an object you're perfectly legal to do so as long as you don't use a lethal weapon.
@@jamesm568what’s the difference? The bat can be lethal to a human, but drones are machines.
Certainly a touchy subject. Drones transitioning through a navigable airspace is one thing…like a commercial airliner flying overhead. I’m sure what most folks get hostile about is the possibility of drone-based voyeurism occurring while you and your family are out in the backyard at the pool or wherever…the paparazzi-effect.
Would it be different if the aircraft were manned? It seems as if people care more when it is unmanned.
@@realitywave What they care about is the high definition, recording cameras that people fly on these drones. In that respect there is always a person-in-the-loop.
@@yellowboxster06 right. Agreed. So how is it different when there is a person in the aircraft? They have the same recording abilities. So why is unmanned a larger concern then manned?
@@realitywave the Sneak factor goes way up. It is filthy behavior to spy and payback is a bitch.
@@bjm315lacy9 agreed. Still don't like a manned aircraft flying low and circling a residence either.
Great video
Excellent Topic! So very important to a lot of people. I have found that if you can talk to people about what you're doing it really helps. I live out in the country and when a neighbor who was a little agitated with me flying around while he was deer hunting found out I can locate a deer for him that he can't find and offered to do it for free he warmed up a bit. When I told him I can find and film poachers and trespassers, a true friendship was formed. Some people make everything all about themselves and their rights. Be a good ambassador to your community. Show people the good of what you're doing, offer to help try to find a lost pet. If you fly over someone's house, make sure you're wide open on the throttle, DO NOT HOVER OVER SOMEONES PERSONAL SPACE! Simply be a good person, there's a shortage of that in general.
Russ, I have to have one of those hoodies!!! I keep telling myself that lie way too often!!!
Poor deer... LOL
Slightly different, but relatable to your topic. Before drones, the rule for admissible photographic evidence (without a warrant) collected from manned aircraft used to be:
•500’ above the property
•Photograph/video not zoomed/enhanced
Source?
@@bobclark5197 I believe 500 feet is the limit to how low you can fly an airplane per the FAA
@@bobclark5197 § 91.119 Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface-
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-311, 75 FR 5223, Feb. 1, 2010]
This will be a good power station to charge my drones since it has 256Wh of capacity.
I plan to use this video as backup hopefully i never need to but thank you for making a concise confident video as such
Yes this Video should be great back up ,For what i don't know but go for it .
I'm about to buy my first drone and this is great info. Thanks
The video might have provided an expanded definition of Transit as you first said "aircraft is allowed to "transit" through the easement." When I hear the word transit, it does not seem to indicate hover or fly over to survey the details of a property, etc.
Think of "hovering" like stopping at a stoplight on a highway in a car, pulling over to the side of the road to answer a phone call from your wife or boss. There is nothing illegal about that provided you aren't interfering with traffic and you are obeying traffic laws, etc.
I have pondered this question since before I obtained my part 107 certification. The problem is that most people are applying a 2D answer to a 3D concept. Aircraft have been flying over personal property since aircraft were invented. Only since the advent of UAVs has this become an issue. While flying, I often wonder if someone is going to come and complain that I am spying on them. So far, it hasn’t happened but I am waiting for that eventuality. I try to stay current on actual law regarding UAV flight so that I can refer a complaintant to said law. This particular issue is a difficult one and I always fall back to “you own the ground, the FAA owns the air above it, else airliners could never fly anywhere” retort. While it is not entirely true, I feel like it will give pause to someone complaining about my flight. Easement of NAS is the better way to explain it. I’ll have to modify my argument for flight to include that. Thanks for the heads up. Translating actual law into language the ordinary person can understand is not easy and you have done exactly that!
@@FlyingBuzzard AS Russ said...don't just state your opinion. Please show the enforceable laws that backup your statements.
i really found this useful...
Good video.
Manned aircraft are required to stay 500 feet away from any person, vessel, vehicle or structure except for the purpose of take=off or landing IIRC. Does this not apply to drones?
It does NOT. I’m a licensed part 91 pilot and a part 107 Commercial drone pilot. The rules are very different. You can’t exceed 400 ft AGL (above ground level) with few exceptions with a drone but in a regular airplane you can’t get below 500 feet with a few exceptions (crop dusting comes to mind) and at least 1000 feet over a city and 2000 over a National park as I recall.
Anything that applies to manned aircraft should also apply to unmanned aircraft, it's only common sense.
@@pauldentler7127common sense is telling you to have safety equipment for pilots that aren't there?
@@HaHaThatIsFunny The safety is for those around the aircraft rather than those piloting it. So yes, it is common sense.
@@pauldentler7127 that would be so stupid
So it appears I own Polaris and the Andromeda Galaxy. Get off my galaxy!
The earth has moved. It's now mine. 😂
Good show! Could save some people some real problems!
24 years as a LEO. This guy is spot on. We cannot regulate airspace. Now... what we can do and have done is look to see if the activity being complained about violates one of the following laws: Harrassment, Stalking, or Peeping Tom statutes. These statutes cover most if not all of the complaints folks make on drones that actually have MERIT. A drone buzzing overhead at 40mph on its way somewhere isnt going to violate any of those laws. Constant hovering over certain areas like swimming pools or using it to look in windows, or hovering over people to harass them is already covered under these laws. The fact a drone is being used to violate the law is irrelevant as it doesnt matter HOW the law is being violated it only matters THAT it is being violated, and no additional laws on drone flying are needed in most communities and as most states already have these 3 laws on the books. Now we could also report illegal drone use to the FAA such as not using remote ID or other violations. Im a drone flier myself and keep up with the laws and I do my best to educate citizens who call in complaints without merit.
I agree with 100% of what you said in this video. Great information and hopefully the CZcams algorithms blast this to all the Karen’s of the world. I know The city of Niagara Falls as well as NY State has drone airspace restrictions in the area around the Falls and when I get a chance later today I’ll post or send a link. With that said, DJI Fly doesn’t enforce a NFZ there. When I fly near Niagara Falls my biggest concern is accidentally flying into Canadian airspace as well as possibly getting a flyaway due to DHS ground sensors but I’m not sure if that’s really possible or something I’ve dreamed up in my head lol. I’ve never flown the actual falls but I’ve been over the lower rapids in the gorge with a mini seas well as many many bandos in the area and had no issues taking off or flying due to nfzs. The Niagara Falls airbase is another story though. DJI does enforce that nfz, just not the ones over NY State Parks and the city ordinance in my experience. When I take off and land I make sure I’m not doing that in a prohibited area but honestly, the cops in Niagara Falls have way bigger fish to fry with all the drugs, gangs, robberies, murders, and suicides that happen there. Most people don’t know about that I guess because it’s kind of like in the movie Jaws; it’s really bad for tourism when you report one or two people a week taking the plunge out of desperation or getting raped or robbed near the casino…. 🤷♂️
Niagara Falls area has a heliport on the Canadian side and I am sure there is also one on the US side and that's probably the reason why there are restrictions. I mean in the summer Niagara Falls has thousands of tourists and is very busy with helicopter tours. So flying a drone would not be a good idea.
@@richieyyz I would disagree, 1 helipads don’t constitute no fly zones, and think about what you said there are a “thousands of” helicopter flights each summer. So I’d ask how it’s safe for there to be multiple larger aircraft like a helicopter but not a small aircraft like a drone? Based on the rules we already have you need to give right of way to other aircraft so that should already be covered. The thing most likely is, is it considered a national park? Since you can’t fly in those or around national monuments of which it could also be considered.
@@richieyyz those areas are nfz’d. But non navigable airspace is what I’m referring to. But even with that said; the pelicans, geese, and seagulls weigh far more than a sub 250 drone as well as outnumber them in that restricted airspace by 10,000 to one easily. The only viable reason for the ban is to generate revenue through waivers in order in order to take drone footage of the falls. Also, I see tourists from India flying their minis all over the place in Niagara Falls lol. The US heliport is on the north side of the rainbow bridge on top of the Red Roof Inn I think. Above 200’ AGL in the lower gorge and above 100’ AGL above it outside the nfz for the helipads is the actual FAA nfz that DJI tags I think. It doesn’t block you from launching at Devils Hole rapids. The wind currents are crazy there though and that’s what keeps me from flying it. Definitely don’t mess around over the water hahahaha
@@FlyingBuzzard that’s doesn’t sound like anything has changed. The FAA never would have handle peeping or trespassing laws. However a drone IS classified as an aircraft you follow airspace law. The thing about the police are they can always charge you with whatever they want. It would be settled in court. So no different than any other day.
@@FlyingBuzzard just based on some of the things you said you contradict yourself as well as say things that just don’t make sense. Like they classify drones as aircraft but then you say you can’t fly it over private property and that you own the air over your lawn. That’s not true. There is only one case of the FAA losing a case because airplanes were flying over the man’s chicken farm and was killing his chickens. But With that ruling never actually stated that a citizen owns the air. Also if the private property was a thing people could just shoot down any helicopter or plane they saw over their property. Which is a felony. The thing is you have rights too.
Great video. I always thought you didn’t own your airspace, and it was a MAJOR grey area. I also heard that the FAA was trying to create a rule that states you ONLY own your airspace 1” above your land, because of drone delivery and police operations. This would clearly define these boundaries.
I thought in the 60s that 500 ft was the limit. Above 500ft, the Supreme Court decided it was the lowest feet that an airplane fight at except coming landing or take off! That meant drones could not fly into private property because it could not exceed 400 ft!
Supreme Court can only determine is a law is lawful, so they probably didn’t. It’s a terrible grey area regarding who owns what in terms of airspace, like the video eludes to.
Property rights are legal rights and the FAA cannot just infringe those rights without compensation or due process.
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1" rule will never fly (pun intended)
Even if the airspace is not restricted by the FAA, use of air space in a way that substantially impairs the property rights of a private property owner, the property owner can file a civil lawsuit for compensation.
Also, if a flight puts someone in fear of harm then, under the fundamental right of self defense, they can use appropriate force to eliminate the threat.
This can be a very "sticky wicket" partially due to our modern litigation based society. Is the FAA involved, yes very much so as this involves airspace. Do they need to create a law, not at all, technically if you ordered something you gave permission for it to be delivered, at least by inference. Many people today understand some of these nuances and carefully phrase their reservations to make it seem like it is applicable. The Law is created to regulate how we interact with our neighbors. Many states also have either "Standards" or "Guidance" these are a published list of best ideas. It is not likely that you can be ticketed or violated for not adhering to them but you can if someone can prove you were trying to do something that is not a good idea.
Life would be so much easier if people just played fair.
@@2Truth4Libertyyou should really look into federal and state law. all of this is incorrect. Several States have flee standards in the legal code saying if you use force of any kind to any threat that you can run from you have a responsibility to do so. You do not own your property by any legal definition, you are given permission to live on the land by the government.
Fantastic info. Love your research as well as your conscientious approach. Keep up the good work!
Thanks for going over the FAA ruling details.
Good video. I found in my experience that courtesy goes a long way when flying over private property. I keep a minimum altitude of about 150-200 ft and try to stay clear of people who may be in their yard or whatever. No one has shot me down yet.
That is respectful I have had them fly past my second story window I live 40 miles from town and on the center of 30 acres people want to get a look at my land they are not traveling as there are public roads around my land in all directions
Give it time!
@@ElizabethMBoyd that operator is an absolute clown. I wouldn't fault you for shooting it down in that circumstance.
@@garyjohnson8026 YUP, I'm wondering how long it's going to be , before average people can afford secret drones that have the ability to see through walls,
I'm sure the NSA and CIA have such devices already, and play dumb if ever asked on the subject,
Great video! As both a private pilot (single engine land) and a drone pilot I might add that I use a VFR sectional map and/or Foreflight as my absolute go to for where I can and can't fly both a passenger carrying airplane as well as my DJI drone. For a drone pilot, Class G is where I imagine 99.9999% of flying exists for drone ops, and that starts AT the surface. This is important because for the passenger carrying aircraft, this is "uncontrolled airspace". It is a clear line (altitude wise) that delineates where non-controlled GA based activities ends, and ATC controlled operations begins. Anything BUT the ground would cause complete and utter confusion in aviation, as would deferring to state and local authorities for their own determination. So while I would not encourage pushing this to the letter of the law simply because you can, a reasoned conversation often goes a long way toward education. For pilots of ALL types, know where you can and can't fly and why. All this said, rules changes seem to happen fast in the FAA arm of the drone world as more take to the sky, and with ADS-B etc. for drone locating is sure to draw an eye if too many people are abusing the rules. Also not to be lost in this conversation is the number of E-VTOL and air taxi operations comin on line. Occupying the space between UAVs/drones and airplanes....how will THAT change the landscape?
...oh, and I treat my own drone operations in much the same way I fly and airplane over wildlife refuge areas etc.......I give breathing space. You are supposed to fly no less than 1,000 feet over these areas so as to not disrupt the wildlife (and drone ops are NOT permitted at all). So I use the same sort of reasoning when flying my drone in what might be seen as a "touchy" area.
As you said initially... Until it interferes with the normal use and enjoyment of your property which is a totally different set of laws than the FAA.
Thanks for the info I have been thinking of getting a drone but wasn't sure about the air space part.i would think going straight up you could see alot
Great video and excellent information for a new drone pilot. I try and be respectful and follow the rules. I try not to do anything around anybody else’s property that I would not done around my property. That being said having worked for local government I think it would be difficult but prudent to have local rules on drone flight. Now I say that only because there are so many different types of property and circumstances in the United States. And I think that the federal government should maintain whatever is safe and appropriate from their perspective. Maybe it should just come down to does it become a nuisance when your neighbors kids each have a drone and they do nothing but fly it around by your head while you’re outside mowing the lawn. Creepy people looking in windows that should be an easy one.
No drone regardless of size should be classified as a toy if it can be and is flown outdoors.
I bought a drone a few months ago and every time that I fly it, I get those laser eys from all around. I flew it over the harbor to take some video of my boat after Hurricane Ian and was told that I had to land immediately, was called all kinds of names and was told I would hear from their lawyer. I did not hear from anyone, but this seems the general reaction I have had. People hate drones when it is not theirs.
This post gives me worry about becoming a drone pilot! If every other time you launch your drone your going to be interrogated by someone watching you, wth, who needs that grief?
I guess you have to go into the hinterlands where no one will see you?
Great and very informative. Very reasonable law as well. In Canada we probably have something similar.
I was gone skip the ad till you said don’t skip 😂