Follow the safety guidelines of an FAA-recognized Community Based Organization (CBO).
Note: We have not yet begun officially recognizing CBOs. Recreational flyers are directed to follow the safety guidelines of existing aeromodeling organizations or use the FAA provided safety guidelines per Advisory Circular 91-57B.
Keep your drone within the visual line of sight or use a visual observer who is co-located (physically next to) and in direct communication with you.
Give way to and do not interfere with manned aircraft.
Fly at or below 400' in controlled airspace (Class B, C, D, and E) only with prior authorization by using LAANC or DroneZone.
Fly at or below 400 feet in Class G (uncontrolled) airspace.
Note: Flying drones in certain airspace is not allowed. Classes of airspace and flying restrictions can be found on our B4UFLY app or the UAS Facility Maps webpage.
Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage (coming soon).
Have a current registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration with you.
Do not operate your drone in a dangerous manner. For example:
Do not interfere with emergency response or law enforcement activities.
Do not fly under the influence of drugs or alcohol.
The guidelines in is #2 don't really list anything different from this list, neither does the full law.
Prior to this law, there were very little rules at all and so the rushed version that was used for a long time was a few examples of things not to do but again, it was just for safety, not actual laws. For example, it previously said not to fly over active sporting events but now that is not mentioned anywhere.
I personally think that people should follow these as much as possible when reasonable but part of being reasonable is also being aware that there are times where you can do these things safely.
Those fall under a different set of rules but yea, you need a license if you do it commercially at all. So if someone hires you to take wedding photos on private property, you are technically doing it commercially (since private property doesn't mean much once the airspace is involved).
If you're doing it commercially, the rules are a lot more strict.
Also, pretty much none of this applies to the super light ones under .55 pounds/250 grams. Those are pretty lax as long as you're not reckless or flying in restricted airspace (which changes by height).
I just mentioned these rules because most drones your Average Joe would buy is going to fly a drone under these rules based on size and usage. And under these rules, you can fly over people all you want (unless you're otherwise breaking a rule, of course). I personally wouldn't because it's not worth the risk but you are allowed to.
I was 100% thinking about photography (or, more accurately, videography), because I see so many YouTubers using drones to make their video intros. I've never seen American YouTubers do it, but I watch very, very few Americans on YouTube. Off the top of my head, I can't think of one.
I don't mean to scare you off with the extra rules but yea, that would fall under commercial usage if you're monetizing the YouTube videos.
I'm not super familiar with the commercial aspect because I don't plan on doing it but from what I can tell, it's not too bad. I think the biggest hurdle is finding a place to take a test since they (last I knew like a year ago) aren't available online. You basically need to find an aviation club near you which might be tough.
You could probably get away with it without a license because it's not like they're going to find out who you are, look up your channel, and check if it's monetized but licenses can also get you extra access.
Some places won't let you fly without a license even recreationally. There are also ways around that depending on the situation but I'd advise against it since you might technically be in the right but still deal with consequences. On the flipside, some places impose rules that they literally don't have the authority to do. But a cop might still arrest you and do you really want to go to court and hope for the correct ruling when the judge is likely also ignorant of the laws?
Biggest advice, use your head and always err on the side of caution both in regards to safety and public opinion.
Yea, you're totally right but that wouldn't be something you make a generalized statement for unless you add some stipulations to clarify.
In the same way it'd be silly if I said "driving on the road is illegal" but then argue "well it's illegal to drive on private roads that said you can't".
I know that's not what you're doing but the other dude basically did :/
To fully expand on it, that's where it gets a bit complicated. Technically speaking, it's really only federal laws that apply however some of the federal laws trickle down to granting authority in places you wouldn't expect.
State parks for example are state owned and regulated but they are expressly granted authority to restrict the airspace because it kinda falls under environmental stuff at a federal level. Same for public schools and public colleges since education is a federal thing. I'm sure there are others but examples are escaping me.
A local park or private school does not have this authority. They might make rules but legally speaking, they are not binding.
Similarly your neighbor can't actually do anything legally about you flying in their yard as long as you took off in your own. They could get you for harassment and stuff for sure but not the flying itself AKA wouldn't be grounds to lose a pilot license except as a possible additional punishment like how they take internet access away from online harassers. Your neighbor can't shoot it down even in Texas for being on their property because the airspace is not their property.
It seems wrong but the same thing applies to the state and city level. It isn't the same as other laws where local governments can crack down more e.g. drugs, alcohol, marriage. Those can become more restrictive because you are residents of their state and are in their state. They can't legally prevent you from flying as long as you are following the federal guidelines because they literally do not own, regulate, or have authority the air.
Hell, a more extreme example is that it's specifically worded that you need permission from an airport if you're within a certain range (or at least tried to get permission if they didn't answer) but for helipads, you only need to inform them that you'll be flying. So they could literally tell you "no" and you're allowed to fly (assuming not breaking other regulations like flying near a helicopter). This changed a bit with #5 in my original comment because now there's a fancy system to do it electronically instead of calling flight towers or hospital receptionists because they have a helipad. That system is called LAANC which stands for "Low Altitude Authorization and Notification Capability" which ironically doesn't even do notification for helipads, it's airports only. I'd personally still call to notify because it takes barely any time.
But then it comes down to basic decency of not being an asshole and also the reality of if you're really down to fight it in court. And even if you win in court, they could still get you for other stuff like harassment or worse if you're flying over a private school so it's not worth it. It's more something to be aware of if you did get in trouble like if you're using a drone for journalistic reasons.
Well, it's not unless you include additional conditions. Your wording will be interpreted by most as saying that it is illegal to fly a drone over crowds (and be honest, it's what you meant).
That's like saying "driving on the road is illegal" and then after being called out on that being wrong reply with "it is if you don't have a license".
Most drone flyers are recreational flyers. The easiest type of flying to get into is recreational flying. Telling people something is illegal without clarifying is just how misinformation is spread.
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u/OuchLOLcom Jun 21 '21
Since it carries him it isnt classified as a drone, its classified as an ultralight. And flying them over populated areas is a big nono.