Flying over houses and other buildings as rec pilot...

[autelBill]

Is this legal or not? Or does it depend on the "Community Based Organization" guidelines one chooses?

 

[kenautelevo2pro]

I don't see anything in the rules that say it is illegal. where I live, it's practically impossible not to fly over a residential area or a building. we have small airplanes and helicopters flying over the neighborhood several dozen times daily all hours of the night annoying everyone, what's the problem with a drone?

also is the cbo deal in effect?

 

[Eagle928]

I don't see anything in the rules that say it is illegal. where I live, it's practically impossible not to fly over a residential area or a building. we have small airplanes and helicopters flying over the neighborhood several dozen times daily all hours of the night annoying everyone, what's the problem with a drone?

also is the cbo deal in effect?

Moving cars and other vehicles, people, airports, and critical infrastructure are the main no fly places as far as I know.

Having said that; there are some really crazy people out there so using some common sense and showing some respect can go a long way to prevent altercations.

Some people view drones as a spy device rather than a recreational aircraft with a camera to get cool footage and pics. They are right when used wrongly. I like to fly at a height of at least 100' to prevent the idea I'm spying on anyone and I don't hover over someone's property.

 

[Andrew01]

FAA Law - Navigable Airspace — Heron Aerial Photography

www.heronaerialphotography.com

Here's a good starting point, provided by the FAA to a prominent community member. Always check Aloft/B4UFLY etc for TFRs, restricted airspace, or other limitations. But in general,

- private property owners own the ground, not the air. The FAA 'owns' the air. Private property owners can stop you from taking off on their property, but cannot stop overflight. It's an aircraft and is treated as such in the rules. Similarly, someone can't stop Delta or United from flying over their house, only the FAA can control airspace in that way.

- but be polite and respectful. Don't buzz people's houses really low, draw suspicion to yourself about being a creep, don't invade privacy deliberately, etc. Local cops don't always know the rules, or care, and often overstep authority (especially in Louisiana for some reason...). If someone asks you not to do it over their yard, just respect them and be a good neighbor. Fly around theirs.

 

[kenautelevo2pro]

I try really hard not to fly over people, moving cars, and hover over backyards, etc. when I create a mission, I draw the lines that don't fly over the green on the golf course or down the fairway but instead over the tree line (which you need to do anyway if you want to get the shot, unless it's straight down). no flying over soccer fields when teams are playing and no flying over the tennis court but fly around them, easy enough.

anytime you change direction during a mission, the drone hovers. and when it hovers, I'm in a neighborhood or over a house or a backyard and sometimes that worries me because it hovers for quite a while and I'm at the limit for my zone, 200 feet so it's not very high. I've later seen people look up and within a few seconds, the drone speeds off....this is not me but they don't know that. at this point, no one can confront me, I'm usually too far away in a location unknown. so far, so good with police. they have seen me a dozen times or more but only twice have they stopped.

 

[MayorG]

I don't see anything in the rules that say it is illegal. where I live, it's practically impossible not to fly over a residential area or a building. we have small airplanes and helicopters flying over the neighborhood several dozen times daily all hours of the night annoying everyone, what's the problem with a drone?

also is the cbo deal in effect?

FAA owns the airspace not the homeowner

 

[Marcle]

Is this legal or not? Or does it depend on the "Community Based Organization" guidelines one chooses?

As long as you don't exceed 400ft AGL as a rec pilot you can. Any building that is over 400ft tall, you would have to go around unless you are Part 107.

 

[autelBill]

As long as you don't exceed 400ft AGL as a rec pilot you can. Any building that is over 400ft tall, you would have to go around unless you are Part 107.

I suppose I did not make myself clear. I too am unaware of FAA UAV rules prohibiting flight over occupied structures, and I agree that it would be severely limiting and onerous. As a Part 61 pilot I'm well aware that other aircraft fly over houses - although that should be obvious to anyone. Helicopters, particularly, are more likely to do so.

However, I've been led to believe that current regulation requires a UAV rec pilot to subscribe/adhere to the rules of (but not be a member of) a community based organization. Since there are hardly any such organizations at present, there are few choices here. One choice is the AMA, and their rules explicitly prohibit such flight.

Relatedly, I recently used an online service to obtain a TRUST certificate. I like to follow rules where I can and to be prepared to defend my actions.

So, still seeking clarity. Is there another organization that I can claim to use for guidelines that don't promulgate such a restriction?

 

[kenautelevo2pro]

I suppose I did not make myself clear. I too am unaware of FAA UAV rules prohibiting flight over occupied structures, and I agree that it would be severely limiting and onerous. As a Part 61 pilot I'm well aware that other aircraft fly over houses - although that should be obvious to anyone. Helicopters, particularly, are more likely to do so.

However, I've been led to believe that current regulation requires a UAV rec pilot to subscribe/adhere to the rules of (but not be a member of) a community based organization. Since there are hardly any such organizations at present, there are few choices here. One choice is the AMA, and their rules explicitly prohibit such flight.

Relatedly, I recently used an online service to obtain a TRUST certificate. I like to follow rules where I can and to be prepared to defend my actions.

So, still seeking clarity. Is there another organization that I can claim to use for guidelines that don't promulgate such a restriction?

understandable there is so much confusion; how can anyone be expected to rely on such a patchwork of changing rules and laws especially when it is enforced by non-fat entities. this video should help you sort it out:

and the advisory circular:

https://dot.alaska.gov/uas/documents/Advisory-Circular-AC-91-57B.pdf

 

[Eagle928]

As long as you don't exceed 400ft AGL as a rec pilot you can. Any building that is over 400ft tall, you would have to go around unless you are Part 107.

I think someone would risk losing signal if they went on the other side of a building or other structure. A better course of action would be to RTH then take off on the other side of the building keep line of sight of course. LOS is not always the easiest thing to do with these long range aircraft.

 

[rangerb3]

As a part 61 helicopter & fixed-wing pilot for many years, I frequently find myself evaluating my decisions specifically to protect “those” privileges. I’m certain that flying and operating my drone will be no different in that respect.

I recently filled out my IACRA Unmanned Aerial Pilot application so should be acquiring my 107 license soon and therefore be able to pursue commercial activities with my Evo II.

Personally, I don’t really think you can 100% avoid flying over occupied dwellings and I would think the FAA, with their sometimes and often, too-far reaching attitudes & rules would go as far as banning flights over occupied dwellings. They mainly want “us” to be safe, responsible UAV operators, and to take into account the kinds of damage our devices could have on the general public.

With that said….I was attending my local fireworks show during 4th of July and noticed a drone flying back and forth out over our local highway where there was bumper-2-bumper traffic and then over the populated beach areas. I immediately told my brother…look at how that drone is operating…, “that” was against the law! I could tell that that operator did not care to follow “any” rules set up for this type of operation. I wanted to go and confront them because this type of flying gives all of us a bad name and makes it harder to do the things we love to do but, with the way society is now, “Shoot” at the smallest of confrontations, I thought it best to just leave it alone and treat it as a learning experience!

 

[autelBill]

understandable there is so much confusion; how can anyone be expected to rely on such a patchwork of changing rules and laws especially when it is enforced by non-fat entities. this video should help you sort it out:

and the advisory circular:

https://dot.alaska.gov/uas/documents/Advisory-Circular-AC-91-57B.pdf

Indeed. That video is the one that provoked my question. Your message inspired me to watch it again, and upon more attentive viewing I found a set of guidelines that I can live with more happily...

Safety Guidelines - Flite Test Community Association

These guidelines provide FTCA members easy-to-follow rules ensuring safety is at the top priority while allowing individuals to enjoy the full recreational, educational, and scientific benefits of model aviation. SAFETY GUIDELINES All safety guidelines must be followed while participating or...

ftca.flitetest.com