I'm on your side. I want to fly my drone everywhere. But I'm also a pilot and I understand the need for rules for all objects in the air.
I think the problem is that people flying drones aren't "aware" that real rules exist and the FAA does have authority to impose civil fines and seek other administrative relief through the court system.
The entire drone revolution is causing a lot of discussion and re-writing laws and it is an evolving process.
I did contact the FAA today. The representative I spoke with was surprisingly friendly towards drones and very helpful.
According to the FAA spokesperson.....generally, not quoting...
FAA control towers and most airports with control towers do legally have jurisdiction over the airspace within their designated and charted areas as depicted on aeronautical charts. From the ground to the designated altitude. Usually, at about 4 miles the floor may be lifted to 400 or 500 feet.
----------------------------
Reading up on FAA law and civil action. FAA actions are typically taken against FAA certified pilots and other licensed aviation support personnel. This surge in drone usage has cause a great deal of confusion and uncertainty, even at the FAA. However, the crux of the confusion is not whether or not the airspace is controlled by the FAA, but rather to what extent drones will be "allowed" to share that airspace.
There are a lot of rumors of what's legal and not and most drone pilots probably have no idea of the airspace rules in effect over US skies. But at this time, drones are considered model aircraft and thus fall under the jurisdiction of FAA regulation.
It is not elective whether to fly within their "controlled" airspace without some form of contact or communications. By law, if you fail to notify the control tower the punishments can range from fines to jail time. So it actually is permission. INSIDE CONTROLLED AIRSPACE. Which includes Class C and Class D airspace around most secondary airports with control towers.
I am mostly concerned with class D and class C airspace since most of south Florida is under these or class B airspace.
If everyone were allowed to decide their own rules of flight in controlled airspace it would be a disaster. I personally think airspace below 400 feet should be available to we drone flyers, except within about 2 miles of an airport. 5 miles is a bit much imo.
The CURRENT Statutes provide for enforcement.....Read Section 5 carefully and notice the requirement for mutual agreement...(not just notification) and the part in blue very carefully...the law is a beast.
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) IN GENERAL
.—Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into
Federal Aviation Administration plans and policies, including this
subtitle, the Administrator of the Federal Aviation Administration
may not promulgate any rule or regulation regarding a model
aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming
of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program adminis-
tered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator and the airport
air traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model aircraft
operators flying from a permanent location within 5 miles of
an airport should establish a mutually-agreed upon operating
procedure with the airport operator and the airport air traffic
control tower (when an air traffic facility is located at the
airport)).
(b) STATUTORY CONSTRUCTION
.—Nothing in this section shall
be construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who
endanger the safety of the national airspace system.
(c) MODEL AIRCRAFT DEFINED
.—In this section, the term ‘‘model
aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
H. R. 658—68
(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.