Where to Fly in regards to Private property

Joined
Feb 25, 2017
Messages
5
Reaction score
0
Age
49
I see a lot of posts from people trying to figure out where to fly. More specifically local parks, metro parks, state parks, and generally any private property. (Note : there is a misconception that parks are public property. I believe this is not true, they are owned and operated by a town, city, organization, or state, or federal govt.)

There is a section in the FAA rules for hobby/recreational flying. I'm referring to Part 2(see below)

My understanding is that Part 2 refers to community laws. And Private property restrictions. For instance a metro park set of guidelines.

In regards to the nationwide community based organization, I believe this refers to the AMA guidelines for model aircraft which states they cannot be flown where prohibited.(not prohibited just by FAA guidelines but also by community laws and Private property restrictions) http://www.modelaircraft.org/files/105.pdf

I wonder if anyone cares to clarify and confirm my understanding that basically you are not just restricted by FAA guidelines of the airspace but also by community and private property guidelines. In otherworldly, for instance, if a local metro park has rules for no model aircraft flying. You are NOT allowed to fly their and cannot state that the FAA isn't restricting you.....

Furthermore.....however, could you fly over his airspace (the metro park) if you're not flying FROM their property?? I would assume......you could..??

Thanks for any clarification.

From (https://www.faa.gov/uas/media/Sec_331_336_UAS.pdf)
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—(1) the aircraft is flown strictly for hobby or recreational use;(2) the aircraft is operated in accordance with a community- based set of safety guidelines and within the programming of a nationwide community-based organization;(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program adminis- tered by a community-based organization;(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at theairport)).
 
In regards to the nationwide community based organization, I believe this refers to the AMA guidelines for model aircraft which states they cannot be flown where prohibited.(not prohibited just by FAA guidelines but also by community laws and Private property restrictions)
It does not refer specifically to the AMA, but it's okay to follow their community based safety guidelines.

I wonder if anyone cares to clarify and confirm my understanding that basically you are not just restricted by FAA guidelines of the airspace but also by community and private property guidelines. In otherworldly, for instance, if a local metro park has rules for no model aircraft flying. You are NOT allowed to fly their and cannot state that the FAA isn't restricting you.....
Private communities and/or property owners do not own the air space above their property. They can prevent you from taking off and/or flying from their properly though -- since they control the land. However, if you know they don't want you flying over their property, it's probably in your best interest not to do it. You will most likely win a battle in court, but the time and money you waste proving your point will most likely not be that valuable at the end of that long process.
 
Private communities and/or property owners do not own the air space above their property. They can prevent you from taking off and/or flying from their properly though -- since they control the land. However, if you know they don't want you flying over their property, it's probably in your best interest not to do it. You will most likely win a battle in court, but the time and money you waste proving your point will most likely not be that valuable at the end of that long process.

Absolutely correct. My addition is not to loiter above any private property. Fly over enroute to your destination or goal of your mission and press on.
 

Recent Posts

Members online

Forum statistics

Threads
143,086
Messages
1,467,530
Members
104,966
Latest member
adrie