The NAS; The FAA makes a stand.

[matt1141]

Of course. Trespass always applies on the ground. But you can fly over private property.

True, the FAA controls the use of the national airspace. But states are free to make laws the serve a legitimate public safety interest, such as prohibiting use of a drone over an oil refinery or prison.

In Texas where I live we also have very restrictive privacy laws that prohibit the use of drone video to 'conduct surveillance' on someone. This is very vague. So if you fly down your street and happen to film your neighbor washing his car in his driveway you could be arrested for 'unlawful use of a drone' in Texas. It even makes it illegal for anyone to even possess a copy of such a video taken from a drone of anyone on private property.

The law also lists a bunch of places where drone flights are illegal like prisons, commercial animal farms, dams, etc...and puts the penalty as a class B misdemeanor which carries a minimum of 5 days in jail and up to 180 days in jail.

Texas Penal Code Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.

(b) An offense under this section is a Class C misdemeanor.

(c) It is a defense to prosecution under this section that the person destroyed the image:

(1) as soon as the person had knowledge that the image was captured in violation of this section; and

(2) without disclosing, displaying, or distributing the image to a third party.

(d) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.


423.003; and

(2) possesses, discloses, displays, distributes, or otherwise uses that image.

(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.

(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.


1643), Sec. 1




(1) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel;

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(xiii) a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or

(B) if enclosed by a fence or other physical barrier obviously designed to exclude intruders:

(i) any portion of an aboveground oil, gas, or chemical pipeline;

(ii) an oil or gas drilling site;

(iii) a group of tanks used to store crude oil, such as a tank battery;

(iv) an oil, gas, or chemical production facility;

(v) an oil or gas wellhead; or

(vi) any oil and gas facility that has an active flare.



Text of subdivision as amended by Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 2




(1) "Correctional facility" means:

(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;

(B) a municipal or county jail;

(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or

(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.

(1-a) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel; or

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(B) any portion of an aboveground oil, gas, or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders.

(2) "Dam" means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.

(3) "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.

(b) A person commits an offense if the person intentionally or knowingly:

(1) operates an unmanned aircraft over a correctional facility, detention facility, or critical infrastructure facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2) allows an unmanned aircraft to make contact with a correctional facility, detention facility, or critical infrastructure facility, including any person or object on the premises of or within the facility; or

(3) allows an unmanned aircraft to come within a distance of a correctional facility, detention facility, or critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

 

[N017RW]

It seems unless you had ‘intent’ to conduct surveillance then casual, ad hoc images are not illegal.

The neither qualify as intentional or surveillance.

 

[Nightwolf]

A person washing their car in their driveway has no expectation of privacy. Video of said person could be captured with a doorbell camera

 

[tcope]

True, the FAA controls the use of the national airspace. But states are free to make laws the serve a legitimate public safety interest, such as prohibiting use of a drone over an oil refinery or prison.

That is certainly open for debate. Placing any constraints on the NAS is in violation of US Code. Pretty much anyone is allowed to make a law... but it may not be legally enforceable. That happens all of the time.

In the case of the TX law, someone cannot operate a drone above a jail/prison... unless the drone is 400' or higher. The 400' statement is the key to what they are _trying_ to do. They _think_ the FAA only controls airspace above 400' so TX is allowed to make laws under that altitude. What they fail to realize is that US Code only allows the FAA to control _all_ NAS and NAS starts right where the ground ends.

I suspect that there are already existing laws against someone dropping anything into a jail. So laws really already exist against this type of action. What TX is attempting to do is stop anyone from flying over a jail, period. Oddly enough... you are free to fly over a jail at 401' or higher.

 

[doktorinjh]

In the case of the TX law, someone cannot operate a drone above a jail/prison... unless the drone is 400' or higher.

Criminal 1: Ok Bill, the plan is to fly the meth into the jail with the drone, drop it in the yard, and get out.
Criminal 2: Whoa, whoa, whoa... here in Texas we can't fly our drone over a prison.
Criminal 1: There's a loophole, though, we can fly over a prison at 401'!
Criminal 2: But then we're breaking the FAA rules...
Criminal 1: Well dang, there's goes that plan.

 

[tcope]

Criminal 1: Ok Bill, the plan is to fly the meth into the jail with the drone, drop it in the yard, and get out.
Criminal 2: Whoa, whoa, whoa... here in Texas we can't fly our drone over a prison.
Criminal 1: There's a loophole, though, we can fly over a prison at 401'!
Criminal 2: But then we're breaking the FAA rules...
Criminal 1: Well dang, there's goes that plan.

Don't forget that the FAA registration is going to stop people from illegal flights as well. Yeah.

 

[daveisim]

Criminal 1: There's a loophole, though, we can fly over a prison at 401'!
Criminal 2: But then we're breaking the FAA rules...

Ahhh, since there are structures there, you can go +400 higher than them when within 400ft lateral. Of course, for Hobby, no altitude limit per se.

But dang it. DJI firmware will prevent you from flying directly over many of the places. Like they are the only drone makers ....

 

[maxheadspace]

True, the FAA controls the use of the national airspace. But states are free to make laws the serve a legitimate public safety interest, such as prohibiting use of a drone over an oil refinery or prison.

In Texas where I live we also have very restrictive privacy laws that prohibit the use of drone video to 'conduct surveillance' on someone. This is very vague. So if you fly down your street and happen to film your neighbor washing his car in his driveway you could be arrested for 'unlawful use of a drone' in Texas. It even makes it illegal for anyone to even possess a copy of such a video taken from a drone of anyone on private property.

The law also lists a bunch of places where drone flights are illegal like prisons, commercial animal farms, dams, etc...and puts the penalty as a class B misdemeanor which carries a minimum of 5 days in jail and up to 180 days in jail.

Texas Penal Code Sec. 423.003. OFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.

(b) An offense under this section is a Class C misdemeanor.

(c) It is a defense to prosecution under this section that the person destroyed the image:

(1) as soon as the person had knowledge that the image was captured in violation of this section; and

(2) without disclosing, displaying, or distributing the image to a third party.

(d) In this section, "intent" has the meaning assigned by Section 6.03, Penal Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.


423.003; and

(2) possesses, discloses, displays, distributes, or otherwise uses that image.

(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.

(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.


1643), Sec. 1




(1) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office or any structure used as part of a system to provide wired or wireless telecommunications services;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel;

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(xiii) a concentrated animal feeding operation, as defined by Section 26.048, Water Code; or

(B) if enclosed by a fence or other physical barrier obviously designed to exclude intruders:

(i) any portion of an aboveground oil, gas, or chemical pipeline;

(ii) an oil or gas drilling site;

(iii) a group of tanks used to store crude oil, such as a tank battery;

(iv) an oil, gas, or chemical production facility;

(v) an oil or gas wellhead; or

(vi) any oil and gas facility that has an active flare.



Text of subdivision as amended by Acts 2017, 85th Leg., R.S., Ch. 1010 (H.B. 1424), Sec. 2




(1) "Correctional facility" means:

(A) a confinement facility operated by or under contract with any division of the Texas Department of Criminal Justice;

(B) a municipal or county jail;

(C) a confinement facility operated by or under contract with the Federal Bureau of Prisons; or

(D) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.

(1-a) "Critical infrastructure facility" means:

(A) one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders, and indicate that entry is forbidden:

(i) a petroleum or alumina refinery;

(ii) an electrical power generating facility, substation, switching station, or electrical control center;

(iii) a chemical, polymer, or rubber manufacturing facility;

(iv) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(v) a natural gas compressor station;

(vi) a liquid natural gas terminal or storage facility;

(vii) a telecommunications central switching office;

(viii) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(ix) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas;

(x) a transmission facility used by a federally licensed radio or television station;

(xi) a steelmaking facility that uses an electric arc furnace to make steel; or

(xii) a dam that is classified as a high hazard by the Texas Commission on Environmental Quality; or

(B) any portion of an aboveground oil, gas, or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders.

(2) "Dam" means any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.

(3) "Detention facility" means a facility operated by or under contract with United States Immigration and Customs Enforcement for the purpose of detaining aliens and placing them in removal proceedings.

(b) A person commits an offense if the person intentionally or knowingly:

(1) operates an unmanned aircraft over a correctional facility, detention facility, or critical infrastructure facility and the unmanned aircraft is not higher than 400 feet above ground level;

(2) allows an unmanned aircraft to make contact with a correctional facility, detention facility, or critical infrastructure facility, including any person or object on the premises of or within the facility; or

(3) allows an unmanned aircraft to come within a distance of a correctional facility, detention facility, or critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

Yeah, I’ve read the Texas statutes very closely and to me they seem riddled with conflicts that I highly doubt would withstand a legal challenge. Almost to the point where I wonder if they were actually written by lawyers. The problem is, someone would have to actually challenge them in court to see them overturned. Until then, the laws stand and have a chilling effect on drone flying.