Legal Teeth

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Hi All ,

We love to fly our phantoms , but often times the cops/concerned third party might consider our activity illegal. This thread is for vital links we can use to make ourselves knowledgeable and have the legal teeth/precedent to show said party that there is either (i) No legal limitation to the hobby (ii) The parameters of flight are within accordance of any legal document.

This thread serves a prudential resource and doesn't encourage thoughts on moral barriers but solely those that are legally binding.

What you can post here?
- Any legal findings (links) where the FAA has lost/won
- Any statement from the FAA itself that allows us to fly
- Advisory circulars (I know they're not legally binding)
 
Since you brought this topic up I thought I would mention something that happened to me just a couple of days ago. Remember my Brandon Shores Power Plant video? I received an email from the Security Director at the plant inquiring about the video. The management was in quite a tizzy when then saw my video 5 weeks after the fact. Power plants are classified as "critical infrastructure" by Homeland Security, and the airspace above them is restricted for normal commercial & civilian aircraft.

The security guy was super cool, a former cop, worked in Afghanistan as a security contractor, and we chatted on the phone for more than an hour. I explained to him the tech behind our birds, and he is considering purchasing a couple as an addition to the plant's security. He had watched many of my videos and knew I was a hobbyist with no malicious intent. He had already checked into the law on this before our call, and acknowledged there were no regulations regarding personal, RC, UAVs flying over the plant. He was somewhat concerned about a potential terrorist using my video as reconnaissance. He said he had no legal basis to force me to take down the video, but asked if I would consider doing so because of the hi-rez imagery. He chuckled when I told him Google Maps & Streetview has already done all the terrorist legwork, but I did tell him I would make the video private. So if you wonder why the video is no longer showing up, it is still there, only privately.

[youtube]https://www.youtube.com/watch?v=2j5PuGz55Oo[/youtube]
 
Moved this to the correct area.
thumbs_up-1294.gif


Also, this link is a great resource -> http://dronelawjournal.com

@Dirty Bird - you can still see the video on YT.
 
Wow - can't believe you got away with that flight! Also you were very fond of that stack :)

Someone in the UK flew over a nuclear facility and got fined and prosecuted. Well, they also nearly flew in to a bridge and lost control (so they say) of their drone. There's a power station near me - I wouldn't dare attempt that :)

That looks like you shot that with a vision? The vision appears to have a rather abrupt stop to the gimbal tilt?
 
Judderman said:
Wow - can't believe you got away with that flight! Also you were very fond of that stack :)

Someone in the UK flew over a nuclear facility and got fined and prosecuted. Well, they also nearly flew in to a bridge and lost control (so they say) of their drone. There's a power station near me - I wouldn't dare attempt that :)

That looks like you shot that with a vision? The vision appears to have a rather abrupt stop to the gimbal tilt?

I believe that is a P2V+
 
andersonpaac said:
I keep printed copies of legal documents handy while flying!

I do the same thing. I have printed copies of relevant documentation that I carry under the lid foam in my carrying case.
 
LuvMyTJ said:
andersonpaac said:
I keep printed copies of legal documents handy while flying!

I do the same thing. I have printed copies of relevant documentation that I carry under the lid foam in my carrying case.

Would you like to share the links to the pdfs' pertaining to them?
 
andersonpaac said:
Would you like to share the links to the pdfs' pertaining to them?

I will see what I can do when I get home.
 
WOW! Nice video. I would never try something like that. With my luck, that would be the first time the quad would quit working and fall on some wires and blow up the plant. The judge would say, "20 to life!"
 
Dirty Bird said:
Since you brought this topic up I thought I would mention something that happened to me just a couple of days ago. Remember my Brandon Shores Power Plant video? I received an email from the Security Director at the plant inquiring about the video. The management was in quite a tizzy when then saw my video 5 weeks after the fact. Power plants are classified as "critical infrastructure" by Homeland Security, and the airspace above them is restricted for normal commercial & civilian aircraft.

The security guy was super cool, a former cop, worked in Afghanistan as a security contractor, and we chatted on the phone for more than an hour. I explained to him the tech behind our birds, and he is considering purchasing a couple as an addition to the plant's security. He had watched many of my videos and knew I was a hobbyist with no malicious intent. He had already checked into the law on this before our call, and acknowledged there were no regulations regarding personal, RC, UAVs flying over the plant. He was somewhat concerned about a potential terrorist using my video as reconnaissance. He said he had no legal basis to force me to take down the video, but asked if I would consider doing so because of the hi-rez imagery. He chuckled when I told him Google Maps & Streetview has already done all the terrorist legwork, but I did tell him I would make the video private. So if you wonder why the video is no longer showing up, it is still there, only privately.

[youtube]https://www.youtube.com/watch?v=2j5PuGz55Oo[/youtube]

Perhaps your video has some value to the power plant operators. Perhaps the Power Plant operators would pay for you to not display your video. Perhaps they can buy it from you and that way it is their's do as they please and thereby you have no further interest in the video. Just a thought since your freedom to publish is being questioned, let money work it our for ya.
 

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