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Why was this drone operator arrested and fined?

Discussion in 'General Discussion' started by md18, Nov 26, 2015.

  1. md18

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  2. WetDog

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    Drone over public spaces with lots of public below them = stupid.

    The Macy's Day Parade wasn't listed in a NOTAM, but the NYPD has a 'get into jail free' card:

    Game of Drones
     
    md18 likes this.
  3. dirkclod

    dirkclod Moderator
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  4. amckim2084

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    I thought it was banned in all of Manhattan. I read the operator was near Central Park.
     
  5. snerd

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    The "Reckless" charge covers a lot of ground................... including flying over crowds. It's really hard to understand why our fellow-flyers cannot get that through their heads. They should fine him $1K and make sure it hits the papers and TV for a week. They'll soon start getting the message.
     
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  6. md18

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    Only parts of Manhattan close enough to LGA.
    Check the no fly map.
     
  7. dirkclod

    dirkclod Moderator
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    It don't matter about no map. You don't fly stupid .Like snerd said they ought to burn his ( I )
    Flying over people at the Macy's day parade...good god .
     
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  8. 480sparky

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    Arrests are part of the public record. If you truly want to know what the charges are, look it up.
     
  9. md18

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    The suspects names were not released, and I don't plan on going to a precinct to find that out. Thank you.
     
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  10. 480sparky

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    They may not have been released by the time the article was written. But the names should be part of the public record.

    And many records are available online. No need to go down to the cop shop.
     
  11. SteveMann

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    Snerd, and Dirkclod, we have laws for a reason. If you allow cities to be able to make up rules as they go, then eventually we will look like any other tin-pot third-world country.
    Flying over a crowd is not illegal, much to your frustration.
    Flying stupid is not against the law, though it would be in your world.
    But encouraging illegal arrests because it suits YOUR vision of what the law should be will do irreparable damage to the hobby in the long term.

    I am all for making people fly responsibly within the law. But it is reckless to encourage any city to make up the rules however they want. The city should follow the law as well.
     
  12. dirkclod

    dirkclod Moderator
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    Bla Bla Bla :rolleyes:
     
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  13. NEair

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    With out knowing the charge it's hard to say. He may have been "arrested" and released without any formal charges. It is an important distinction though between flying dumb and flying illegal. One of the problems with policing uavs is there isn't a lot of actual laws on the books, just recommendations or guidelines.
     
  14. NEair

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  15. NEair

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    Not sure why i bothered but I looked up ny admin code. The only thing I could find was this:
    York City Administrative Code

    § 10-126 Avigation in and over the city. a. Definitions. When used in
    this section the following words or terms shall mean or include:
    1. "Aircraft." Any contrivance, now or hereafter invented for
    avigation or flight in the air, including a captive balloon, except a
    parachute or other contrivance designed for use, and carried primarily
    as safety equipment.
    2. "Place of landing." Any authorized airport, aircraft landing site,
    sky port or seaplane base in the port of New York or in the limits of
    the city.
    3. "Limits of the city." The water, waterways and land under the
    jurisdiction of the city and the air space above same.
    4. "Avigate." To pilot, steer, direct, fly or manage an aircraft in or
    through the air, whether controlled from the ground or otherwise.
    5. "Congested area." Any land terrain within the limits of the city.
    6. "Person." A natural person, co-partnership, firm, company,
    association, joint stock association, corporation or other like
    organization.
    b. Parachuting. It shall be unlawful for any person to jump or leap
    from an aircraft in a parachute or any other device within the limits of
    the city except in the event of imminent danger or while under official
    orders of any branch of the military service.
    c. Take offs and landings. It shall be unlawful for any person
    avigating an aircraft to take off or land, except in an emergency, at
    any place within the limits of the city other than places of landing
    designated by the department of transportation or the port of New York
    authority.
    d. Advertising. 1. It shall be unlawful for any person to use, suffer
    or permit to be used advertising in the form of towing banners from or
    upon an aircraft over the limits of the city, or to drop advertising
    matter in the form of pamphlets, circulars, or other objects from an
    aircraft over the limits of the city, or to use a loud speaker or other
    sound device for advertising from an aircraft over the limits of the
    city. Any person who employs another to avigate an aircraft for
    advertising in violation of this subdivision shall be guilty of a
    violation hereof.
    2. Any person who employs, procures or induces another to operate,
    avigate, lend, lease or donate any aircraft as defined in this section
    for the purpose of advertising in violation of this subdivision shall be
    guilty of a violation hereof.
    3. The use of the name of any person or of any proprietor, vendor or
    exhibitor in connection with such advertising shall be presumptive
    evidence that such advertising was conducted with his or her knowledge
    and consent.
    e. Dangerous or reckless operation or avigation. It shall be unlawful
    for any person to operate or avigate an aircraft either on the ground,
    on the water or in the air within the limits of the city while under the
    influence of intoxicating liquor, narcotics or other habit-forming
    drugs, or to operate or avigate an aircraft in a careless or reckless
    manner so as to endanger life or property of another. In any proceeding
    or action charging careless or reckless operation or avigation of
    aircraft in violation of this section, the court, in determining whether
    the operation or avigation was careless or reckless, shall consider the
    standards for safe operation or avigation of aircraft prescribed by
    federal statutes or regulations governing aeronautics.
    f. Air traffic rules. It shall be unlawful for any person to navigate
    an aircraft within the limits of the city in any manner prohibited by
    any provision of, or contrary to the rules and regulations of, the
    federal aviation administration.
    g. Reports. It shall be unlawful for the operator or owner of an
    aircraft to fail to report to the police department within ten hours a
    forced landing of aircraft within the limits of the city or an accident
    to an aircraft where personal injury, property damage or serious damage
    to the aircraft is involved.
    h. Rules and regulations. The police commissioner is authorized to
    make such rules and regulations as the commissioner may deem necessary
    to enforce the provisions of this section.
    i. Violations. Any person who violates any of the provisions of this
    section shall be guilty of a misdemeanor.

    Considering how vague they define aircraft I suppose it would fit. My guess is they used this as a generic charge because there isn't anything specific to drones.
     
  16. snerd

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    You said.......... "I am all for making people fly responsibly within the law."

    By all means.............. tell us your solution then. Set the hyperbole aside (tin-pot-third-world lol) and lay out your plan to stop people from flying over crowds. Yes, it "is" dangerous. Your FAA has said they have the right to prosecute for "reckless" flying of drones................. "Don't be careless or reckless with your unmanned aircraft – you could be fined for endangering people or other aircraft." source

    You seem to think it will just magically happen. I got news for you................ there has to be some kind of civil penalty to deter the behavior. That seems the most reasonable to me, like pointed out above, it's not a criminal charge, it's a civil charge. A misdemeanor.
     
  17. LuvMyTJ

    LuvMyTJ ADMINISTRATOR
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    [​IMG]

    It may be stupid to fly over people, but not necessarily against the law.​
     
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  18. dirkclod

    dirkclod Moderator
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    OK Steve . I see what you are saying to a point but this
    My world .What's my world ? We don't live in the same one or what ? Being stupid in mine not the same as your's ?
    Yes you are arrogant. And usually right but this time I'm sorry but stupid is stupid and this guy with all the troubles we have now anyway
    needs his ( I ) chapped !
    I'm not calling you on your knowledge of the laws just common sense .You don't fly over parades like that .
     
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  19. snerd

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    Yet.
     
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  20. SteveMann

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    If the FAA thinks the operator was flying careless and reckless, then the FAA can charge him with violating 91.13. That would be the appropriate enforcement. If the city doesn't like his flying then the FAA asks them to collect evidence and refer the issue to the FAA enforcement division. It is not up to the city to decide, you're stupid so we will arrest you.

    You DO NOT want thousands of towns and cities to have their own, often different rules regulating flight. If it's airborne, it's in the FAA's jurisdiction. No one else.