Why was this drone operator arrested and fined?

I'm sure the balloons or rather the people in charge of the balloons got permits to be in the parade so that would eliminate them from enforcement of that code. Thats the funny thing about public events; if you get permission its ok but if you don't you can get in trouble. The argument of the mere act of flying over someone is an act of reckless endangerment is interesting. If that were the case why does the FAA guideline say not to fly over "non-participating" people and not just not to fly over people? In this particular case if he was flying over just the people in the parade, i.e. the people participating in the parade not the spectators, would he still be flying reckless? Im not advocating endangering people, just playing devils advocate on the topic.
Maybe you should get every ones signature in the parade stating that they don't mind being hit in the head with a drone.
 
I think another interesting point would be the legal limitations that states and cites have on topic. From what I have read states and cities can't regulate airspace, only the FAA can. If thats true then some of these "you can't fly over" laws are invalid. Until someone who has the money to fight a ticket though they will get enforced. The states and cities can enforce the land though, like laws that would regulate where you can take off from.. I still think drones are a new technology, people are freaked out demanding that their local government take action and the local government are making knee jerk laws regardless of their effectiveness or legality.
 
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Maybe you should get every ones signature in the parade stating that they don't mind being hit in the head with a drone.
Maybe it would be part of the waiver to participate in the parade?

edit: why make the assumption that they "will" get hit in the head?
 
Drone Is Spotted Over Parade, Operator Issued Summons: Sources

I don't see any laws banning the use of drones in NY and he was not operating the drone in a no-fly zone.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Direct from knowbeforeyou fly.org

Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property.
PLUS.....
That area is in the LGA class B airspace, Surface to 7000'.
It's an obvious no can do.
WLR
 
This thread is the reason we're gonna have drone registration. Unreal how many peeps believes what he did was ok. Cmon man.
No one said that what he did was OK - it was not violating any FAA regulation and any attempt to regulate flight by the city is preempted by federal law.

What bothers me is those who want to "throw the book" at the operator for violating their level of safety bordering on paranoia using rules or laws that don't exist. This is fear mongering and as a group we should know better. All it does is add fuel to the perception that these things are flying death that even the operators fear.
 
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Maybe it would be part of the waiver to participate in the parade?

edit: why make the assumption that they "will" get hit in the head?
That would be the only reason one would have them sign a waiver right? Is to assume they could be injured and thus to avoid litigation if they are injured. So why even assume they will be injured and have people sign any waivers for any thing they participate in?
Because it is our nature to try and mitigate and manage damage and injury? And because we don't want to be sued.

You mentioned fly only over participants - that doesn't mean those participating in the event you are filming - it means only fly over people who are knowing participants in your film (i.e. they are aware a drone is flying over them).
 
Has there ever been an incident where some guy was flying like a 10 y.o., as in flying over a parade, flying at Disneyworld over crowds of people, flying anywhere near people, (over people, that's the common thread I think) and the drone malfunctioned and either fell to the ground and hurt someone or flew into someone due to pilot error?
Drone Hits And Knocks Out Woman During Seattle Pride Parade
(that pilot eventually came forward and has been charged with reckless endangerment and is facing up to $5K in fines)

Drone Crashes, Hits 2 People During Marblehead Parade

Drone hits person at Albuquerque festival

And of course the horrible accident mentioned earlier in this thread:
Toddler's eyeball sliced in half by drone propeller - BBC News
 
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Until someone who has the money to fight a ticket though they will get enforced.
Exactly. When a local politician (amateurs) create a local law even in the face of foreknowledge that their new law is likely to be preempted by federal law, they appear to be doing something. And this helps them along their political career. By the time someone with the means to challenge the law, the politician has moved on to another jurisdiction and is immune to whatever happens to their pet law that did something.

As one politician whom I greatly respect once told me, no one on the dais cares about legal - make it easy for them to vote your way. This is how we beat Zoe Lofgren when as a city councilwoman in the 90's was leading a crusade to close a very popular general aviation airport.
 
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No I think the point of a waiver is to avoid liability if there is an injury, not making the assumption that there will be injury. Maybe we are saying the same thing in different ways though. Our society is horribly litigious for sure. The threat of lawsuits governs policy making on many levels. Heck in my area a city banned sledding in city parks. Instead of people taking personal responsibility for what they do they sue. I would hate to see this hobby get regulated to the point that its no longer desirable to participate in.
 
If flying a drone over people is 'reckless endangerment', then so is driving a car on a public road.

So everyone who is playing the reckless endangerment card needs to give up driving on public roads.
Dumb comparison. Drivers are tested, licensed and insured.
 
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No I think the point of a waiver is to avoid liability if there is an injury, not making the assumption that there will be injury. Maybe we are saying the same thing in different ways though. Our society is horribly litigious for sure. The threat of lawsuits governs policy making on many levels. Heck in my area a city banned sledding in city parks. Instead of people taking personal responsibility for what they do they sue. I would hate to see this hobby get regulated to the point that its no longer desirable to participate in.
If you didn't assume the possibility of an injury, there would be no need for the waiver. Of course you are assuming there could be an injury when you have people sign waivers! That is the very purpose of a waiver.
 
Drone Hits And Knocks Out Woman During Seattle Pride Parade
(that pilot eventually came forward and has been charged with reckless endangerment and is facing up to $5K in fines)

Drone Crashes, Hits 2 People During Marblehead Parade

Drone hits person at Albuquerque festival

And of course the horrible accident mentioned earlier in this thread:
Toddler's eyeball sliced in half by drone propeller - BBC News
I think in your example the proposed FAA drone registration would help. If someone's bird crashed and hurt someone they could be held finically responsible for it. They couldn't hide that their actions caused an injury. Of course there will always be people that will break the rules regardless of the risk, I would hope that the mass majority of us in the hobby won't have to suffer due to the actions of a few.
 
Drone Hits And Knocks Out Woman During Seattle Pride Parade
(that pilot eventually came forward and has been charged with reckless endangerment and is facing up to $5K in fines)

Drone Crashes, Hits 2 People During Marblehead Parade

Drone hits person at Albuquerque festival

And of course the horrible accident mentioned earlier in this thread:
Toddler's eyeball sliced in half by drone propeller - BBC News

Shall I post a half-dozen links to auto accidents, then demand people no longer drive their cars?
 
Dumb comparison. Drivers are tested, licensed and insured.

Yet, accidents happen. And there are still drivers who are NOT tested, licensed nor insured.

And I'll be willing to bet YOU break laws driving your car.

I know I do. Where I live, there's a law on the books that states every vehicle must be preceeded by a person on foot or on horseback waving a red flag. Also, if I come to an intersection at the same time as another vehicle, neither one of us can proceed until the other has.

Yes, those knee-jerk "cars are dangerous" laws that were passed over a century ago are still on the books.
 
Only parts of Manhattan close enough to LGA.
Check the no fly map.
The controlled airspace around Mahattan is all Class B Airspace. I don't know what map you looking at but no one can fly there without ATC and a Transponder. There are VFR corridors on both sides of Mahattan but not over it. Newark, LGA, and JFK airports Class B 30 mile radius overlaps practically the whole city. It can be down with ATC notification. For obvious reasons.
 
Yet, accidents happen. And there are still drivers who are NOT tested, licensed nor insured.

And I'll be willing to bet YOU break laws driving your car.

I know I do. Where I live, there's a law on the books that states every vehicle must be preceeded by a person on foot or on horseback waving a red flag. Also, if I come to an intersection at the same time as another vehicle, neither one of us can proceed until the other has.

Yes, those knee-jerk "cars are dangerous" laws that were passed over a century ago are still on the books.

I break laws on the daily when I drive my car. That is why I have a very expensive radar detector.
I haven't had a moving violation in over 25 years however! Why? Because I mitigate my risks (radar detector), I'm careful where and when I speed, and I don't speed and drive aggressively in heavy traffic. I sort of police myself while still breaking the law. Wouldn't it be nice if all drone operators took the same cautions I do when I break the law? ;)

SMH over your Blue Law analogy....
Can you tell me when the last prosecution of one of the Blue Laws took place?
 
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.
Obviously you know nothing of New York City, they make their own rules, laws, regulations up the you know what. They do what ever sounds politically correct and make it law. A very special kind of stupid. That said you are not supposed to fly near/ over anything within 500ft with their permission/involvement.
 

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