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Received letter from "United States Department of the Interior" for drone flight. (letter inside).

Discussion in 'Rules and Regulations' started by Ashmai, Jun 13, 2016.

  1. Ashmai

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    (the letter here)

    I created this video;



    And posted it to a few drone sub-reddits, shared with friends family on FaceBook, etc.

    It must have trickled down to someone who crafted up this letter and sent it to me.

    I took some time to research the actual laws the best I could (it is very sketchy / grey area) and from what I have read, it looks like if I take the drone off and land the drone on public property or outside the "Lake Roosevelt National Recreation Area", I'm not breaking any law.

    Taken from here;

    What about state and local laws and regulations?
    We’re coming close to winding down here, but I’d be remiss not to mention that many states and cities have passed their own laws and regulations to ban or restrict drones. To be clear, state and local governments have no authority over the airspace. Remember this? The federal government “has exclusive sovereignty of airspace of the United States.” All navigable airspace is overseen by the FAA and no other entity.

    Even in the letter, they don't specify flying over their boundaries, and are very specific to saying, "Launching, landing, or operating from or on lands or waters administered by the NPS within the boundaries of LRNRA is prohibited except as approved in writing by the superintendent."

    I'm actually working on my pilots license. I think I'll have it in about 20 more hours (almost have student pilot license) so am very safe when flying and understand and follow all the FAA's official rules (below 400, not over people, in line of sight) all of which I did in that video.

    Just looking for thoughts, or if I have over looked a law that warranted the letter I got.
     
  2. snerd

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    Yes, there are no drone flights allowed over/in National Parks.
     
  3. Ashmai

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    I see. So that's US wide, FAA rule?
     
  4. Meta4

    Meta4 Moderator
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    National Parks Service make their own rules for land they control.
    It has nothing to do with the FAA.
     
  5. NotARubicon

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    It is my understanding (correct me if i am wrong) and it is stated in the letter, you cannot operate, take off or land in a National Park.. They do not control the airspace above. So you could stand on the other side of the gate, take off, fly over, and come back and land outside the park.
     
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  6. Rypper1

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    Yes, the National Parks make the rules for the land they control. But I'm with the OP here. From what the FAA has stated many times, the FAA controls all airspace and no one else. If he wasn't physically standing on National Park land, I don't think he broke any laws. I'd put a call in to the FAA and the National Parks and see what exactly each had to say on this matter.
     
  7. BigAl07

    BigAl07 Moderator
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    There are existing rules/regs for airspace over national parks etc. Min altitudes for certain areas etc.
     
  8. Hickeroar

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    AFAIK, the controller of the land controls the airspace up to 100 feet, so you'd have to stay at at least 100 feet or higher.
     
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  9. AJAX-14

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    Reference please?
     
  10. NotARubicon

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    Wait.. How did they track down your address?
     
  11. Meta4

    Meta4 Moderator
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    I have never seen anything about such a 100 ft rule before. Can you find a reference?
     
  12. BigAl07

    BigAl07 Moderator
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    Incorrect. There was a case "Causby vs US" where the land owner won for "Damages caused by aircraft". In that it was determined (keep in mind this was 1946) that the land owner owned the amount of airspace he could potentially "use". This means that you own what you use and nothing more. It's key to point out that the offending planes were flying as low as 83' AGL so this states that even below 100' you still don't "Own/Control" the airspace.

    Your safe assumption is Airspace is controlled by the FAA and ONLY the FAA. As soon as the aircraft (aka drone) leaves the ground, your hand, launch platform etc it is in airspace. But keep in mind that safety, nuisance, and harassment issues can be a lot more strict than airspace regulations and can get you into hot water much easier.
     
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  13. Hickeroar

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    Thanks for the clarification. :)
     
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  14. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
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    I do not believe this information to be correct. I understand you can not take off, land or operate from the parks boundaries. Can you show me where overflights are prohibited over national parks?
     
  15. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
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    This comes from the out dated belief that you own from the core of the earth to the heavens above. All that changed with the advent of air travel. Like others mentioned, it is the space you can reasonable use. So if you had a 60' silo you control up to that height, if your house is 1 story, you control up to that height... the useable air space being used. See, clear as mud right :D
     
  16. Hickeroar

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    Yeah, someone corrected me earlier. :) Corrected I stand!
     
  17. snerd

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    No place like the actual Park Service to go look for info.

    Small Unmanned Aircraft Systems and the National Park Service
    Current Status

    On June 19, 2014, National Park Service Director Jonathon B. Jarvis signed Policy Memorandum 14–05, Unmanned Aircraft – Interim Policy. Its purpose was “to ensure that the use of unmanned aircraft is addressed in a consistent manner by the NPS before a significant level of such use occurs within the National Park System.” Each superintendent was directed “to use the authority under 36 CFR 1.5 to close units of the National Park System to launching, landing, or operating unmanned aircraft…” This policy is still in place and the public may not use unmanned aircraft in the national parks.

    Policy link........... Read Policy Memorandum 14–05 – Unmanned Aircraft – Interim Policy

    Now that being posted, don't shoot the messenger. You all can try to skirt around the rules in any manner you like. It's a very long document, and ripe for every scholar here to interpret in his/her own way. Just don't get caught and lose your bird!

    ETA: I think the "Operating" word is what is construed as when flying "over" their land.

    PSS: I hate it as much as anybody! There is one near here that I'm drooling to video, but I can't They have already taken one guys drone.
     
  18. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
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    I have read that in the past. I see the word 'operating' as standing on their land operating/flying the drone. They cannot control overflights to my knowledge.

    For the record, I am not trying to "skirt any rules" so please don't falsely accuse me of doing so. I am only trying to understand correctly the current rules in place.
     
  19. snerd

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    I'll leave that up to you to prove it is okay to do so! :D
     
  20. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
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    Clear as a bell now. Like you said, go right to the horses mouth. It is just as I had suspected...

    The NPS has the authority to regulate or prohibit the use of unmanned aircraft from or on lands and waters administered by the NPS. As a result, the compendium closures required by the Policy Memorandum only apply to launching, landing, or operating unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of the park. The closures do not apply to launching, landing, or operating unmanned aircraft from or on non-federally (e.g., private or state) owned lands located within the exterior boundaries of the park. The closures do not apply to the flight of unmanned aircraft in the airspace above a park if the device is launched, landed, and operated from or on lands and waters that are not administered by the NPS.