Hey guys, do you know about towns with drone laws that might actually be illegal? I’ve heard some places ban drones and fine people, but I thought towns can’t control airspace that’s the FAA’s job, right? Like, you can take off from your own property and fly over areas with bans. Am I wrong?
Here are a couple of laws in my town that seem questionable:
You need written permission from the Town Manager to fly a drone over any town property, like streets, parks, and parking lots.
You can’t fly a drone over someone else’s private property without their permission, which they say is trespassing.
Get in touch with a local aviation lawyer to review the laws and provide their legal assessment and a cost estimate for taking action. Next, assess if there’s enough support from drone pilots in the area to gather funds to challenge these laws.
Alternatively, you could fly despite the laws and then gather your own funds to become a test case and challenge the laws through the courts independently.
Speak with a nearby aviation lawyer to analyze the legislation, get his legal advice, and receive an estimate for taking appropriate action. Next, determine whether there are enough local drone operators and advocates to generate sufficient funds to fight the legislation.
If not, you have the option to fly in contravention of those regulations, gather enough money on your own to qualify as a test case, and handle the legal proceedings independently.
The Federal Aviation Administration (FAA) holds authority over airspace regulation in the US, which includes governing drone usage.
Local municipalities cannot enact laws that directly conflict with FAA regulations.
FAA Regulations:
The FAA establishes guidelines for drone operations across the US, covering aspects such as registration, altitude restrictions, and restricted airspace zones.
Local Ordinances:
Towns and cities have the authority to create ordinances regarding drone usage within their jurisdictions.
However, these ordinances must align with, or can be more stringent than, FAA regulations but cannot relax them.
Examples:
Permission for Town Property: While municipalities cannot completely ban drone usage over public property, they can mandate permissions for specific reasons like event safety or protecting sensitive areas.
Private Property: Laws prohibiting drones from trespassing over private property without consent are valid as they reinforce property rights without contradicting FAA rules.
In essence, you are correct. Individuals may launch drones from their own property and fly them over areas where local regulations restrict usage, provided they comply with FAA guidelines concerning altitude, proximity to airports, and designated no-fly zones.
