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in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.
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What a crock of shit from guess who? the US Congress and parroted by the FAA.
These drones are self piloted skeet targets.
Regardless of what you may think, this is heading to the courts. Overflight may not be a tort but a drone with a camera is no different than a peeping tom trespasser. Last time I checked that was criminal trespass of privacy and that is a high level misdemeanor crime in every state.
This Lawyer seems to agree with my citation ...
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Reader Comments - Drone Wars: Airspace and Legal Rights in the Age of Drones
Gary Wickert says:
It is well-settled that agencies do not possess inherent powers, but instead derive authority only as delegated by Congress. See Louisiana Pub. Serv. Comm n v. FCC, 476 U.S. 355, 374 (1986). It is therefore a fallacy to suggest that the FAA controls what people are permitted to do in every cubic inch of airspace above American soil simply by virtue of being the nation’s federal “aviation” agency. The fundamental airspace distinction identified in Causby continues to be reflected in the language of the current Federal Aviation Act. In the Federal Aviation Act, the section relating to Safety Considerations in Public Interest indicates that the FAA is authorized to “control[] the use of the navigable airspace and regulat[e] civil and military operations in that airspace in the interest of the safety and efficiency of
both of those operations.” 49 U.S.C. § 40101(d)(4) (emphasis added). The statute also provides that with respect to “Use of Airspace[,] The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace.” 49 U.S.C. § 40103(b)(1). (emphasis added). As the administrator acknowledged in the full briefing on this issue before Judge Geraghty, navigable airspace generally begins 500 feet above ground level, as defined in 49 U.S.C. 40102(32) and prescribed in 14 C.F.R. § 91.119. Thus, even if Congress could authorize FAA regulation of activity in airspace below 500 feet without violating the principles in Causby, it has not done so. Rather, the FAA’s organic statue empowers the agency to regulate only the activity in “navigable airspace.” A broader grant of statutory authority to the FAA would require the nation to revisit the property rights demarcation addressed in the 1926 Air Commerce Act and Causby. You have admitted in your comment that state and local governments can regulate airspace lower than 500 feet, but merely suggest that this right is limited. We are in agreement there. They may regulate their own agencies’ drone flight operations; and; They may regulate the locations from which drones may be launched or landed. I sit on the board of a local municipality situated less than 400 yards from an airport. We have ultralight, drone, and small aircraft issues and proposed legislation/ordinances before us on a regular basis.
If there is an urban myth here, it is that the FAA doesn’t control airspace below 400 feet. Regulation 14 C.F.R. § 91.119 [citation added] requires that aircraft used in commerce stay at 500 or more feet in altitude above rural areas and 1,000 feet above urban areas. The FAA takes the position that “there are no shades of gray in FAA regulations,” and, thus, anyone who wants to fly, manned or unmanned in the United States airspace needs some level of FAA approval.” Time will tell.
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He's just a licensed attorney so he's probably full of shit, he didn't go to to continuing ed courses ... The fact is: I find that same 1942 SCOTUS ruling repeatedly cited in connection with drone and airspace regulations. So, everybody is full of shit I guess.
Well, what the FAA has done is said UAS that are operated as 'private hobbyist model aircraft' can be exempted from safety regulation. Really, the FAA is washing their hands (or trying to) of regulating private hobbyist model aircraft, then differing the commercial UAS regulatory schema to a case by case basis limiting the regulation to the FAA's aircraft safety mandate.
So, stay lower than 400 feet and out of the way of the private and commercial licensed aircraft that the FAA regulates. The FAA doesn't want to have jack-shit to do with private hobbyist model aircraft -- keep the fuck out of our airspace is what the FAA is saying here.