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Drone Overflights Could Be Labeled 'Aerial Trespass'

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Regular drone flights could be defined as “aerial trespass” under a proposal discussed by the Uniform Law Commission (ULC) in July, warns one aviation lawyer. The ULC provides draft legislation for independent adoption by state lawmakers and floated the idea last month at its annual meeting in Louisville, Kentucky, said Mark Dombroff, co-leader of the aviation practice of national law firm LeClairRyan. (www.ainonline.com) さらに...

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FrankHarvey
It seems to me that common sense (not necessarily legal sense) should permit a landowner to restrict access to a certain height (agl) above their property and have that enforced locally. If this is not the case then someone standing on a public road just outside my land could theoretically, legally, operate a camera carrying flying craft a foot above ground all over my land, subject to controlled airspace, TFRs, absence of humans or livestock, occupied structure restrictions etc.

If someone is walking or driving on my property I call the local police but if only FAA regulations can legally restrict flying craft operations who would I call to report aerial transgressions and how long would they take to arrive ?

I realize this situation existed previously with radio-controlled model aircraft but it is only since cheap "toy" drones became commonplace that it has become a matter of concern. Theoretically a gasoline powered drone or one crashing with a compromised or defective battery could initiate a serious fire incident.
SoNic67
SoNic67 1
The ownership of the air space above the propriety is long overdue, with land ownership legislated from a time when flying was only for birds.

As I understand it, today we own just the land, nothing above it. Theoretically if someone wants to run a cable suspended at 10 foot above ground, without touching the ground with supports, that's not "trespassing".
serdyfsx12
Business opportunities: Stealth Drones . . . Improved RC camera capabilities (gyro stabilized) . . . Waterproof Drones . . . Drone Police (Dial 911; Ooops, that's taken, just call Drone Busters)
RRKen
Refresh my memory, but doesn't FAA regulations preempt local and state laws? And wouldn't such legislation suppose that anyone can regulate airspace?
SoNic67
SoNic67 -1
Some localities and even states decided that they don't need to "enforce" federal law, so... who knows?
Sure, that didn't worked well for the Confederate States of America, but humans don't learn from history.
RRKen
Imagine for a moment, the nightmare of a patchwork of local, County and State regulations and rules. The enforcement would be almost impossible. This is why the principle of preemption came about. It is well established in the courts for the reason of uniform definition and regulation on a single level.

The subject matter should be left up to the FAA, and not State and local bodies. I agree that some measure of privacy should be afforded. Thus, there needs to be uniform definition of what air space is, and at what level private ceases, and the public use takes over. We already have that governing the area around airports and helipads, it needs to be expanded for the use of drones.
richardorgill
Actually, I'm not so sure that R/C Aircraft was a problem around private property. Most could not "hoover" or take photo's and in many, many cases they were regulated to certain areas. I know in Fort Worth they are regulated to a certain area near our lakes. However, I have seen several drones around my neighborhood lately.

One of my neighbors took a water hose and shot it down when he caught a young man hovering over the pool taking photos of his two daughters swimming in their pool. Law Enforcement was called but they took no action.

I noticed last week that the man who owned the drone has his house up for sale.

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