Dave Peterson Wrote:
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> Being a CFI, I can give you a little advice on
> drones: The FAA owns the airspace above private
> property and drones are allowed to fly up to 400
> feet AGL (above ground level) without a waiver
> from the FAA. New Mexico currently has no laws
> pertaining to drones and private property except
> you are not allowed to hunt game using a drone on
> private property.
> With that said, it would be prudent to check with
> the landowner before flying. Drone laws and
> regulations are in flux and by "trespassing" you
> would be giving ammunition to the voices who want
> to further restrict drone usage.
> I presume anyone who is flying the drone for
> commercial purposes has an FAA drone license. If
> you are flying for recreational purposes and it
> weighs less than 55 lb, you do not need a drone
> license but it should be registered with the FAA.
I think this is excellent advice. As a friend of mine used to say: "Just because you CAN, doesn't mean you SHOULD." Yes, the airspace above private property is theoretically free to all, but abuse of that freedom, particularly if you know (or suspect) that the landowner doesn't want you flying there will likely bring on more regulation at some point, if there are enough complaints from the public. Taken to the extreme, paparazzi photographers could theoretically crash celebrity weddings and other private events, claiming that the airspace is free. We all know that there are some photographers who will do anything to get the shot, including physically moving people out of their way. If folks make a habit of harassing or annoying people with remotely piloted aircraft, the rules will change.
One other observation that I have is that perhaps the most violated drone rule may be the line-of-sight requirement. On many occasions, I have been out photographing trains, and seen drones flying a very long distances from the control point, and it some cases, it was pretty obvious, because of the presence of trees, etc, that the pilot could not physically see the aircraft. If you consider the size of the current generation of drones (such as the DJI Mavics), it is difficult to believe that a pilot could shoot some of the locations that I have recently seen in photos from several railroads, and still clearly see their aircraft, as well as other aircraft that might be nearby. In addition, when I observe many drone pilots, they are not typically looking at their aircraft or scanning for conflicts. Rather, they are wearing some sort of goggles, or staring into a hood containing the viewfinder for the on-board camera. This is much akin to me wearing an instrument hood in my aircraft, when practicing instrument procedures, such as holding or approaches. The hood completely obscures my view outside the airplane, and forces me to fly off the instruments. In my case, when I don the instrument hood, I am legally required to have a qualified Safety Pilot on board the airplane, to look out for other traffic and be prepared to quickly take control of the airplane to resolve any conflict. A suggestion that I have for drone operators is that it would be prudent to take a buddy along with you.....and I know many of you do......to watch the aircraft and scan for conflicts, to ensure that the line-of-sight requirement is maintained, and that your aircraft does not pose a hazard to other aircraft, or persons/property on the ground, while you are engaged in photography.
/Kevin Madore
