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Conn. photographer files lawsuit to continue UAV use

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Should a photojournalist be able to take photos in public with a drone? Why is this platform for photography any different than a tripod or ladder? (www.dronejournalism.org) 更多...

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Bernie20910
Bernie20910 2
I still say, fly one over my property under a couple hundred feet and I'm considering it a complimentary skeet target.
PhotoFinish
PhotoFinish 1
I think most people would agree in regards to any such trespass on their property. There was even that town that was considering a law to create a hunting permits for (federal?) drones in their town.

No low-level drone flights should ever be permitted over private land without the landowner's express permission, even after FAA issues drone rules.

Except law enforcement. But even then such flights should only be permitted with a court order. There should be no difference at all in law, between low-level overflight and tresspass on the ground.

Owners or their agents and employees should be able to use drones over their own land for any purpose whatsoever.

I would even grant a liberal use of drone technology in public spaces, especially by journalists. But only by permit, and subject to reasonable restrictions as necessary for public safety.

Initial basic rules could be implemented quickly to allow experimentation which would inform more permanent future rules.

But this recent power grab by the FAA interferes with all uses of all remotely controlled aircraft for everything but the simplest recreation use (with has decades of history). Combined with its' bureaucratic and inertial snails' pace speed of drone rule implementation creates an undue impediment to both liberty and business.
joelwiley
joel wiley 1
"But only by permit, and subject to reasonable restrictions as necessary for public safety."
There is the rub.
Who issues the permit, establishes which restrictions are necessary and defines the scope of 'public safety'?
PhotoFinish
PhotoFinish 1
Permits available from and rules promulgated by local authorities as necessary.

Instead of banning all uses, the FAA could issue 2-3 pages sample rules that could be customized to the locality (urban vs suburban vs rural) issues.

It would just be an experimentation which could be adjusted or even cancelled outright based on progress.

Cars and other land vehicles are allowed to exist even though a plane load of people are killed on the roads EVERY DAY. That's a narrowbody of car passengers killed every day. Imagine a JetBlue A320 plane with close to 100 people falling out of the skies every day. Worldwide it would be a dozen widebodies. Imagine 12 Emirates 777s with nearly 300 passengers each falling out of the sky every day.

We still allow cars, trucks, and buses to ply our roads. That's because they have utility, and provide society lots of benefit.

Remote controlled aerial vehicles would also be quite useful. It's certainly worth the risk of experimentation, sooner rather than later, even if there us sone risk to property or safety of people on the ground.

Not that I expect many injuries or deaths, and even property damage should not be astronomical.

So there really is no reason to get give it a try with dome experimentation that would inform our future regulations.
joelwiley
joel wiley 1
Agree, keep it local. Fed finger sticking into that pie ostensibly is Interstate Commerce. (Not 'because we can and are too big to stop').
PhotoFinish
PhotoFinish 1
* so there really is no reason to NOT give it a try with some experimentation that would inform our future regulations.
awhull
Alistair Hull 1
So a creative gentleman decided that if it were "tethered" - i.e. attached to a line fastened to the ground, that it would now fall under a different umbrella, and according to the "letter of compliance" he attached - a letter to him from the FAA, he would be allowed to operate his quad in this manner....see www . faacompliant . com
joelwiley
joel wiley 1
For the moment, the tether is unnecessary. NTSB judge ruled against the FAA. This was posted on a different, related squawk:
The ALJ said nothing about flight safety. His point was that, at most, the FAA had a voluntary regulation recommendation on UAS activity and that this was not sufficient to establish a regulatory framework that supported fines.
See the judges order here:
http://www.kramerlevin.com/files/upload/PirkerDecision.pdf

Interesting to say the least.
joel
joelwiley
joel wiley 1
Is this story about a) journalism, b) First and Fourth Amendment rights, c) Drone use, D) Publicity for the Professional Society of Drone Journalists, or E) some of the above.
The complaint is that the police interfered with his rights as a journalist, illegally detained him and leaned on his boss to suspend him absent any unlawful action. The PSDJ boasts a membership of 120 on all continents save Antarctica.

I think there are multiple agendas here.
AIRCAPITALJETSALES
Let's say I swat one of these propelled science projects out of the blue sky and then it crashes into an abyss of mall shoppers! REALLY! Is this what the national airway system in the USA is confronting tomorrow? TWITTER your done now we have airmail! If we can fly anything everywhere how about an old Quest Model Rocket? Maybe I have been to courteous and responsible enough not to ever light that fire! I may need it, in the near time, to protect myself from an errand out of control UAV.
blucenturion
blucenturion 2
You shoul really learn spelling.
joelwiley
joel wiley 1
and maybe proofing before hitting send. Maybe the spelling was as intended. One wonders about the out of control UAV's errand. ;-)
btweston
btweston 1
How is it any different from a tripod or ladder? Seriously? Well... It's flying, for one. That's pretty different. I don't know of many tripods that can fall out of the sky.
jimquinndallas
Jim Quinn 1
Satellite and local-area trucks, etc. used for ENG (Electronic News Gathering) regularly have cameras mounted on the retractable mast along with the small microwave dishes. These pan/tilt/zoom cameras often times are used to get a higher perspective shot. I don't see why someone with a small RC aircraft can't get the same sort of shot. Having said that now, I also would be most concerned that operators/photographers who can't even be trusted to drive responsibly to the scene could also be a danger to the public, flying one of those things around a news event. Yep--I'd be the first to be worried about getting hit in the face with one of those things flown by someone trying to get a closer shot. All the RC model flyers I've ever met have seemed to be quite responsible folks, but if these aerial camera units get as thick as flies, caution, along with common courtesy, will go out the window.
grinch59
Gene Nowak 0
"Why is this platform for photography any different than a tripod or ladder?" Very simple! A ladder or tripod does not reach 100+ feet in the air, come crashing through some pilot’s windshield that is landing at a nearby airport, an evacuation helicopter coming to a crime/accident scene to pick up that survivor, which kills the pilot whose plane then nosedives into a preschool and kills several children. Who is then responsible for this accident? The untrained photographer flying a drone into controlled airspace? The licensed pilot who got killed by a small object flying into his flight path? I'm sure that photographer won't be carrying $1,000,000 or more liability insurance.

You don't need Federal regulations to guide common sense. Keep drones out of the hands of unskilled users who don't know or care what is operating in their vicinity as long as they can "get that picture".

Then again you have all the celebrities flying into airports in private jets. Are they going to get any privacy departing their aircraft or will drones be flying overhead to "get that picture"? The same holds true for their private homes, as well as ours. What drone activity finally constitutes invasion of privacy?

Forget the people shining lasers into the eyes of landing pilots and endangering their lives. Approve drones and you open up the entire airspace to a multitude of new type UFO's, being flown by anyone who can afford one, into controlled airspace which provides an additional traffic hazard beyond the birds, lasers and other planes.

Then of course, if drones are legalized, you now open up controlled airspace for use by the cartels to fly in illegal drugs under radar. The Congress better provide the Border Patrol with new weapons to shoot down drones at night. They are already flying it in via ultra lights.
preacher1
preacher1 4
You say "You don't need Federal regulations to guide common sense". Well, unfortunately, I have to disagree with you my friend. Common Sense died and was buried several years ago, at least for our younger generation and they are looking for the government to protect us from everything.
grinch59
Gene Nowak 2
Preacher1 - Point well taken! However, you and I agree on the main point. Keep them out of the air and out of the hands of incompetent people, especially those who recklessly must "get that picture", which is the basis of the lawsuit.
linbb
linbb 1
These are far from toys I fly RC aircraft and also have a quad copter as they are know to the hobby world. We used to fly at a field that was somewhat controlled by those who flew there. These are not, we had crashes into cars and once in a while an object other than a car but no injury's to the public. What you have now is something entirely different that can kill someone as the size of them can be quite large even the small ones can harm people. Those flying them have no idea along with some of those commenting about the use of them how much damage they can do in a crowded public area. Preacher1 knows the risks with flying and they carry over to these whatever you choose to call them.
PhotoFinish
PhotoFinish 1
The area a plane is 100 ft or less on approach to a runway is very limited. You're talking mostly on airport property which is already controlled airspace.

Most of this country doesn't have planes on approach at 100 ft or less. Restricting small drones everywhere based on planes landing at airports makes as much sense as not allowing people to open their mouths in public because a professional dentist might accidentally drill your teeth. Most people don't carry $1million walking around with mouth open insurance. This is a danger to all dentists. Please get alarmed now.!!

/end sarcasm/
preacher1
preacher1 2
Well, who's to say the altitude is limited and whether it is or not, somebody will get hit with a case of stupids someday and wander in to where they don't need to go. Keep them out of the air.
grinch59
Gene Nowak 1
I agree with preacher1. I did not limit the altitude to 100 feet, but said 100 PLUS. First of all they shouldn't be anywhere near an airport, but given that guy with the "case of the stupids" who wants to play with the big boys, he has an on-board camera to see what it really looks like landing on the actual runway.

In fact last night there was a program about a developing hotel/residential condo skyscraper overlooking Central Park in NYC. One of their sales promotion gimicks, done over one year ago, was flying a drone helicopter at the 41st floor level to show the prospective buyer the view. There was no mention of any clearances, just fly it and hope a passing helicopter on a sight seeing trip doesn't crash into it.
PhotoFinish
PhotoFinish 1
Manhattan airspace is heavily restricted. Helicopters were outright banned at one point. There are limited helicopter operations over Manhattan. Sightseeing helicopters are not allowed. They must remain over the rivers.

But no helicopter should be passing close enough to any building, including this residential tower to be in position to crash into a drone showing the view from the balcony.

Get those helicopter rotors that close to people's homes, and drones won't be the issue. Those wealthy enough to afford a luxurious penthouse view of Central Park will have an issue with that helicopter being close enough to the building to crash into their home, and creating unnecessary environmental noise.

Plus why would any helicopter be flying between buildings. That concept is much more dangerous than a drone could ever be.

The example is ridiculous.

Keep the bigger iron at altitude. Let the drone fly down low except near airports. No conflict.
Pileits
Pileits -1
This will be interesting no matter what the legal final out come is.

Personally I side with the right to fly these things where ever you want, but I will say on the negative side I wouldn't be to happy finding one hovering outside my bedroom window. Standby for MORE.
linbb
linbb 1
You would not be happy if one caused injury or death to a loved one just out for a walk or if it caused a traffic accident hitting a car. These things are not toys like you seem to think they are. Some weigh several pounds or more and the loss of radio signal to them will cause loss of control depending on how they are equipped they do different things when this happens. Some return to where they took off others simply start doing there own thing with the result unknown.
preacher1
preacher1 1
Not a drone but I lost battery power on a DCC control unit on my model railroad the other nite. It continued last known command until unit was reactivated. Point is, no warning given. It could just stop and fall out of the sky.

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