Was just browsing B4UF app and under topic that reads where to fly, it states that FAA controls all airspace from ground up. Funny no one seen this before!
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- Thread starter ROD PAINTER
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We've all seen it and it's been chewed over many times here. It's not that we don't know this, the problem is that all of these communities, HMOs, local government offices ignore it when they start trying to regulate where sUAS pilots can fly. There is a least 1 federal lawsuit using this very fact as a basis to challenge such action.
I think you mean HOAs 
Anyway, you're right. It's going to take some time but eventually there will be a court case and the result will be a clear message that the FAA has sole jurisdiction and control over the National Airspace System. It happened with the FRA and railroads many years ago. It will happen here, too. It's just not going to happen overnight, however.
Anyway, you're right. It's going to take some time but eventually there will be a court case and the result will be a clear message that the FAA has sole jurisdiction and control over the National Airspace System. It happened with the FRA and railroads many years ago. It will happen here, too. It's just not going to happen overnight, however.I'm new to this hobby & board, so I'm definitely in information collection mode. So I have a question about comments like "FAA has sole jurisdiction and control over the National Airspace System"
I was just reading AC 107-2 and it seems to indicate that other authorities may enact laws that are in addition to FAA regulations:
1.1.3 Privacy-Related Laws. Part 107 operators should be aware that state and local authorities may enact privacy-related laws specific to Unmanned Aircraft System (UAS) operations. The FAA encourages sUAS operators to review those laws prior to operating their UAS.
I definitely believe there needs to be clear guidance!
I was just reading AC 107-2 and it seems to indicate that other authorities may enact laws that are in addition to FAA regulations:
1.1.3 Privacy-Related Laws. Part 107 operators should be aware that state and local authorities may enact privacy-related laws specific to Unmanned Aircraft System (UAS) operations. The FAA encourages sUAS operators to review those laws prior to operating their UAS.
I definitely believe there needs to be clear guidance!
I'm new here myself, jellofan, but having beaten you by a week I'll say "welcome". There does need to be clear guidance, we can only hope it happens soon. I also read that part of AC 107-2 and the only thing I'll say about it is that the FAA wants people to be aware of whatever state and local authorities have enacted privacy-wise. They don't say they're all valid and enforceable.
Here in Florida, we have to deal with this state statute, the Freedom from Unwarranted Surveillance Act. Under Exemptions, there's one for "aerial mapping", which I plan to be doing. The (d) exemption is rather draconian. If you're not operating as part of a business that requires a state license you have to really watch what you're doing to avoid runing afoul of the statute.
Whether that statute is ultimately overturned by the courts or not is something that will take several years to sort out.
Here in Florida, we have to deal with this state statute, the Freedom from Unwarranted Surveillance Act. Under Exemptions, there's one for "aerial mapping", which I plan to be doing. The (d) exemption is rather draconian. If you're not operating as part of a business that requires a state license you have to really watch what you're doing to avoid runing afoul of the statute.
Whether that statute is ultimately overturned by the courts or not is something that will take several years to sort out.
This is true, the FAA recommends to follow local guidelines. The problem is these state or local guidelines are not being approved by the FAA. The FAA must approve the guideline before that state or city can enforce.
Not really, if a city says that you can not take off or land on their property such as a park, the FAA has nothing to say about that. It's when they say that you can not fly in the airspace above their park that they start butting heads with the FAA.
FS 934.50(4)(g) covers your "Aerial Mapping" business nicely.
FS 934.50(4)(i) covers regular, daily use under the "safe navigation" statement.
Right now I wouldn't worry too much about that statute, especially for normal Part 101 flying.
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