New City Wide Drone Ban Law

[42FrankZ]

I read it as a bit more encouraging than that. I seems like a not too subtle hint to local governments that it they exceed their authority it is unlikely to stand up to a legal challenge.

Except they just said "here's the rules" without saying "we plan on enforcing them". To get enforcement it will take someone with a law suit forcing their hand. Until then they will continue to say "here's the rules".

Yes - but remember the subtlety of this situation. The FAA has been quite clever here; if you breach the hobby "guidelines", then you cease to be covered by Part 101 and immediately fall back under Part 107, at which point you are breaching at least the 400 ft Part 107 requirement. And, if you are not Part 107 certified, you are also flying illegally.

So for hobby flight it is only a recommendation, but if you don't follow it you are not, in the eyes of the FAA, a hobby flier.

Except the subtleties only really matter once there is case law to support it. Right now there are a bunch of people hanging on a forum trying to be smarter than each other quoting rules. I am not a lawyer and I will take the "regulations" as I can do things unless they explicitly say I can't. So, I am not part 107 and I can fly over 400 feet AGL.

 

[sar104]

Except they just said "here's the rules" without saying "we plan on enforcing them". To get enforcement it will take someone with a law suit forcing their hand. Until then they will continue to say "here's the rules".



Except the subtleties only really matter once there is case law to support it. Right now there are a bunch of people hanging on a forum trying to be smarter than each other quoting rules. I am not a lawyer and I will take the "regulations" as I can do things unless they explicitly say I can't. So, I am not part 107 and I can fly over 400 feet AGL.

You are certainly free to do that, but the FAA position on this is quite clear, and it doesn't require any prior case law to interpret it. It's unfortunate that you think that discussion is a matter of trying to be smarter than everyone else. I think that you may be projecting.

 

[42FrankZ]

You are certainly free to do that, but the FAA position on this is quite clear, and it doesn't require any prior case law to interpret it. It's unfortunate that you think that discussion is a matter of trying to be smarter than everyone else. I think that you may be projecting.

I am not the one being the armchair lawyer.

 

[sar104]

I am not the one being the armchair lawyer.

No - you are the one who apparently thinks that discussing a subject on a forum amounts to trying to be smarter than everyone else.

 

[macoman]

Only in NJ... at least here in Pennsylvania, we still have some freedom left to enjoy the bird.

 

[42FrankZ]

No - you are the one who apparently thinks that discussing a subject on a forum amounts to trying to be smarter than everyone else.

I am not the one needing to explain to people...

I am done with you.

 

[sar104]

I am not the one needing to explain to people...

I am done with you.

That's good, because you clearly have absolutely nothing constructive to add to the discussion. And if you are just here to make snarky comments about anyone with the temerity to exercise basic reading and comprehension skills then you probably avoid this kind of forum.

 

[Up Sonder]

As far as I'm aware this law hasn't passed yet. I heard they are taking the lead from other cities in New Jersey. The city of Allendale, NJ has a similar ordinance as well as Beachwood, NJ.

Is anyone from those places? Have you had a any issues flying?

 

[Richard R]

Didn't AMA just release something saying that flying above 400' is approved in their guidelines under certain circumstances? FAA accepts their guidelines

AMA safety code is to not fly higher than 400ft agl with 3 miles of an airport unless they are notified.

 

[42FrankZ]

That's good, because you clearly have absolutely nothing constructive to add to the discussion. And if you are just here to make snarky comments about anyone with the temerity to exercise basic reading and comprehension skills then you probably avoid this kind of forum.

I know you are fully convinced of your own self importance but seriously, you don't have the answers and you are not the smartest person on the Internet. You read something one way, someone else reads it another. Until a court decides it really doesn't mean much.

Do you think you could give up trying to be smarter than me, or are you going to work to be king of the Internet?

I already know the answer.

 

[BigAl07]

Come on now... let's get back on task here and quit bickering. Neither is going to convince the other to change their stance so we should just go fly SAFELY and have a great time doing it.

Besides it's obvious, I'm the smartest guy on the internet LOL.

 

[NJ_DroneGuy]

As far as I'm aware this law hasn't passed yet. I heard they are taking the lead from other cities in New Jersey. The city of Allendale, NJ has a similar ordinance as well as Beachwood, NJ.

Is anyone from those places? Have you had a any issues flying?

I am from one of those towns and have not had any issues flying. I have flown in the parks, over wooded areas, over the local beaches, and actually directly from the municipal parking lot after hours to fly over the woods nearby(without issue), and above my house below 400' without issue. I've actually had a cop stop and watch me once and ask about the quality of the photos I was getting. Showed him my FAA registration and we talked about the functionality of the drone - he was very friendly and probably totally unaware of this ordinance as was I. It's a very small town and unfortunately they were able to sneak this in without me being aware or I would have made my voice heard about their ridiculous regulations. Now they are being copied by other towns nearby. The FAA really needs to get control over the airspace laws.

 

[sar104]

I know you are fully convinced of your own self importance but seriously, you don't have the answers and you are not the smartest person on the Internet. You read something one way, someone else reads it another. Until a court decides it really doesn't mean much.

Do you think you could give up trying to be smarter than me, or are you going to work to be king of the Internet?

I already know the answer.

I really don't understand your attitude here. We were having a perfectly reasonable and civilized discussion of the laws and regulations until you came along throwing ad hominem attacks. If you disagree with the arguments being made, why not explain why you disagree and put up some counter-arguments.

 

[dirkclod]

Come on now... let's get back on task here and quit bickering. Neither is going to convince the other to change their stance so we should just go fly SAFELY and have a great time doing it.

Besides it's obvious, I'm the smartest guy on the internet LOL.

I beleave your post needs repeating BA.
And guys do..

 

[Sith77]

I live in NJ and fly around monmouth and middlesex counties. Pardon my ignorance maybe BUT let's say someone goes to Best Buy and buys there brandy new phantom. NO part 107 studying at all just goes and buys for a hobby . How are they to know one of these towns has a no fly ordinance ?? I can understand they want to try and curb the creepy nature of people flying over and in the personal space of properties. If someone has their Part 107 an FAA registered they should be exempt from these township revenue drivers. If someone is part 107 certified they know the correct rules regulations and how to go about practicing a business . Is it just NJ that seems to be going ordinance crazy with this ??

 

[macoman]

I live in NJ and fly around monmouth and middle sexy counties. Pardon my ignorance maybe BUT let's say someone goes to Best Buy and buys there brandy new phantom. NO part 107 studying at all just goes and buys for a hobby . How are they to know one of these towns has a no fly ordinance ?? I can understand they want to try and curb the creepy nature of people flying over and in the personal space of properties. If someone has their Part 107 an FAA registered they should be exempt from these township revenue drivers. If someone is part 107 certified they know the correct rules regulations and how to go about practicing a business . Is it just NJ that seems to be going ordinance crazy with this ??

That's north jersey, I flight in Woodbury and I can do it here and they allow in any public Park, river or lake. I love south Jersey.

 

[Sith77]

That's awesome , I haven't gotten met with any issues yet from anyone. I try and stay as respectful as possible to everything around me.

Also now that I think of it, how are companies like Amazon and UPS who are starting to pilot Drone delivery to residential houses gonna operate if townships are banning ?

 

[macoman]

That's awesome , I haven't gotten met with any issues yet from anyone. I try and stay as respectful as possible to everything around me.

Also now that I think of it, how are companies like Amazon and UPS who are starting to pilot Drone delivery to residential houses gonna operate if townships are banning ?

I don't think that they are banning public parks or are they? I never flight in the neighborhood, crows of people or moving cars. I stay away as possible from civilization.

 

[Sith77]

A lot of the township ordinances are banning 100% under 400' which would include public parks , beaches , etc....

Agree with you though stay away from people less chance of issue

 

[Up Sonder]

That's awesome , I haven't gotten met with any issues yet from anyone. I try and stay as respectful as possible to everything around me.

Also now that I think of it, how are companies like Amazon and UPS who are starting to pilot Drone delivery to residential houses gonna operate if townships are banning ?

@Sith77 That is a good point...I wonder if this will cause issues and if the FAA will have to step in. As far as I'm aware local towns can control takeoff points...like a park, but the airspace is really in the authority of the FAA. Someone is going to have to make his more clear!