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Discussion in 'News' started by LUISMARTINEZ, Jul 7, 2015.
Good story. At least the comments so far are mostly intelligent. Not sure how the town will legally manage the FAA's airspace.
They can't. Just that simple. They can manage how "their" drowns operate, if they have or ever get any, and they can regulate locations on the "ground" from where drones can be launched, landed or operated. That's it. Period. Under current Federal laws.
Hopefully, common sense will win the day and they'll realize they already have laws on the books for what the pilot "allegedly" did.
State and local government drone law.
State and local governments have passed legislation that purports to regulate drone flight, but if challenged in court, any such laws would be considered preempted by the federal government's intent to "occupy the field," and therefore be invalid. By federal statute, "[t]he United States Government has exclusive sovereignty of airspace of the United States" (49 U.S. Code § 40103(a)(1)). The passage of the FMRA confirms the federal government's intent to continue to "occupy the field" of flight, thereby invalidating (through preemption) any state or local laws that purport to regulate it.
State and local governments may, however, regulate two things related to flight:
They may regulate their own agencies' drone flight operations; and
They may regulate the locations on the ground from which drones may be launched, landed or operated.
That's it. State and local governments cannot regulate drones in any other manner. They can of course use laws of general applicability (such as voyeurism, reckless endangerment, nuisance, etc.) to prohibit certain acts, which would apply to a drone pilot, if a drone happened to be the object used to perform the prohibited act. They could also pass unnecessary and duplicative criminal statutes specific to drones, but they'd be essentially meaningless since existing criminal statutes would already cover those crimes regardless of whether they were committed with a drone.
Quoted with permission........... http://dronelawjournal.com/
Wow this is close to home. PV is a super upscale town where all the atheltes and CEO's live. The residents pretty much own the Gov't from what I've seen. There is some beautiful places there too, but i'll know to steer clear