#760581 - 02/19/12 11:03 AM
Re: Do you own the air space above your property?
[Re: barryd]
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Member
Registered: 11/19/02
Posts: 447
Loc: NM USA
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OTH, there are laws about taking potshots at aircraft too. And you really can't legally shoot somebody just standing on your property, either. And don't shine a laser light in a pilot's eyes, either.
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Kent Christensen
Albuquerque
'12 R1200RT, '02 R1100S, '84 R80G/S
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#760608 - 02/19/12 02:58 PM
Re: Do you own the air space above your property?
[Re: barryd]
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Member
Registered: 11/10/02
Posts: 5687
Loc: Antioch, Ca
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This is interesting, yet another case where technology has overtaken law and social norms.
I've heard many anecdotal stories of pilots getting in trouble for spending too much time overflying sun bathing women and such, or flying too low to get a better look.
I don't know what the rules say, but if there are such restrictions it would seem to apply to these remotely piloted aircraft too.
There are certainly minimum altitude requirements for aircraft, but if these things are considered models, for example, then altitude restrictions probably don't apply.
OTH, there are laws about taking potshots at aircraft too.
Interesting can of worms.
You are correct, the FAA, NTSB and the Department of Transportation do not regulate RC aircraft equipped with video. At most it's a violation of privacy..handled in civil courts.
_________________________
Bob
Antioch, Ca
1998 RT-P (retirement bike)
2001 HD FLHPi (former work bike)
2009 HD FLHPi 103" (current work bike)
1972 Honda CT-90 garage queen
Logical politics is the Holy Grail of oxymorons.
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#760622 - 02/19/12 04:23 PM
Re: Do you own the air space above your property?
[Re: upflying]
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Member
Registered: 10/21/08
Posts: 994
Loc: Haliburton ON
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It might not be just your neighbours RC that you shoot down.
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"...And the littlest birds sing the prettiest songs" - The Be Good Tanyas
00 R1100RT; 09 KLX 250S
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#760625 - 02/19/12 04:50 PM
Re: Do you own the air space above your property?
[Re: Rocer]
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Member
Registered: 03/05/07
Posts: 1115
Loc: Bellaire Texas
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Can't speak to RC. Don't think a drone would be considered an RC. Per the FAR's you can see the regulations below. Basically over a house need to be a minimum of 1000ft. If the drone can't safely land with engine failure, needs to be higher than that.
If you think the FAA can't get their nickers in a wad over RC, go fly your RC near an airport... I don't know the rules for that even though I have veen an RC guy for 20 years
§ 91.119 Minimum safe altitudes: General.
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Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
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David
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#760631 - 02/19/12 05:20 PM
Re: Do you own the air space above your property?
[Re: pbharvey]
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Eebie
Member
Registered: 03/19/01
Posts: 6118
Loc: Chicago, IL USA
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The Constitution doesn't say anything about air rights.
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David E.B. Smith * Chicago IL * Chi-Town Crew 01, 03  05  Iron Butt Rally 1997 R11RT Sine(us) Blue * 1999 F650 www.davidebsmith.org
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#760637 - 02/19/12 06:33 PM
Re: Do you own the air space above your property?
[Re: DavidEBSmith]
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Member
Registered: 03/26/03
Posts: 880
Loc: BH
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The Supreme Court says it does. U.S. v. Causby
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Marlowe: You know what he'll do when he comes back? Beat my teeth out, then kick me in the stomach for mumbling.
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#760648 - 02/19/12 07:38 PM
Re: Do you own the air space above your property?
[Re: pbharvey]
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Member
Registered: 10/02/10
Posts: 166
Loc: Southern Maryland
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This is a scenario where laws are certainly not able to keep up with technology. The technology available to the general public that could be carried on an RC helicopter is one thing (although that is advancing faster and further by the day). A real UAV is something totally different, and should not be taken lightly.
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aterry1067
2000 R1100RT
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#760715 - 02/20/12 09:42 AM
Re: Do you own the air space above your property?
[Re: Skywagon]
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Member
Registered: 10/24/07
Posts: 1897
Loc: Northern California
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Can't speak to RC. Don't think a drone would be considered an RC. Per the FAR's you can see the regulations below. Basically over a house need to be a minimum of 1000ft. If the drone can't safely land with engine failure, needs to be higher than that.
If you think the FAA can't get their nickers in a wad over RC, go fly your RC near an airport... I don't know the rules for that even though I have veen an RC guy for 20 years
§ 91.119 Minimum safe altitudes: General.
top
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
With respect to airspace "ownership", one can argue that ATC (FAA/U.S. Government) "owns" all airspace to the surface except for class G airspace, of which there is not a whole lot in the continental U.S. This http://www.flytandem.com/airspace.htm provides a simplified breakdown for those unfamiliar.
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#760811 - 02/20/12 03:43 PM
Re: Do you own the air space above your property?
[Re: Joe Frickin' Friday]
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Member
Registered: 04/08/03
Posts: 4138
Loc: Sonoma, CA
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interesting typically 500 to 1,000 feet above the ground. you've got air rights only insofar as they're essential to the use and enjoyment of your land. So basically, a drone which when used for it's intended purpose of spying on the uses of said private land strays over the property at an altitude of less than 500 feet, it is indeed violating the air space of the property owner. Now the question begs, would you rather defend yourself from a lawsuit after shooting down the aircraft, or sue the offenders for invasion of privacy?
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#760814 - 02/20/12 03:57 PM
Re: Do you own the air space above your property?
[Re: b o n e y]
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Member
Registered: 08/16/08
Posts: 1814
Loc: El Dorado Hills, CA
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Now the question begs, would you rather defend yourself from a lawsuit after shooting down the aircraft, or sue the offenders for invasion of privacy?
Thanks for the idea Boney! Sir, my autonomouse aircraft was enjoying my airspace over my property when it accidentally ran into, and destroyed, the ROV that was intruding on my airspace. Must have been one of those hardened steel blades that it hit. Since it landed on my property, it's mine now....or was until it fell into the outdoor fireplace. Sometimes, things happen.
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Peter
God bless America!
Rule of rocketry #1: Pointy end up...stupid.
Danny, be the ball.
'12 R1200RT Midnight Blue.
99 R1100RT sold
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