Had my first hostile encounter with guy threatening to shoot my drone and call the cops

[RickMC]

I was doing a photo and video shoot for a real estate agent and he wanted a 360 point of interest shot. I was 250 feet up in the air and as my drone was doing the circle it went over the next door neighbors property. Next thing I know this neighbor comes running out of house screaming and hollering at me and the agent saying what what I’m doing is illegal and that he’ll shoot my drone down if I don’t stop flying it near his property. I told him I wasn’t breaking any laws but he threatened to call the cops and I didn’t want any trouble and didn’t feel like arguing with him. The real estate agent calmed him down a bit and I quickly finished the shoot and landed the drone.

This is the first time something like this ever happened to me so I was a bit taken aback. I’m also pretty sure I wasn’t breaking any laws, correct? The agent asked me afterward if it technically was illegal to fly over his property and I honestly didn’t know the actual law on that but I said with the altitude I was at it wasn’t against the law. I don’t remember any Part 107 info mentioning flying over other peoples property, so when is it illegal to fly over someone’s property?

Also, I have no problem with people approaching me in a polite way if they are concerned or suspicious when they see a drone but to come out immediately angry and threatening just isn’t cool. I was a bit discouraged after this situation.

 

[Weaponized]

This is a good read. As you'll see that question has not been completely settled but one thing that has been is that you can't just open fire on someone's car just because they parked on your drive way. Bullets have to land somewhere.

So Your Neighbor Got a Drone for Christmas

 

[Dave Pitman]

I don’t remember any Part 107 info mentioning flying over other peoples property, so when is it illegal to fly over someone’s property?

Hi Rick,

Firstly, my comment is from the perspective of being on your side, so please take it as such from someone that's been doing this awhile now.

Federally, If you were not in controlled airspace, or launching from locations where it is prohibited, like National Parks, then you were operating within the rules.

As far as state or local, I don't know where you were so I can't advise. But I can say that you should have researched this and know definitively yourself before the operation. In no case would it be okay or legal for the neighbor to take matters into their own hands either way.

You, or your realtor did the correct thing by remaining polite and everything ended well. But had you known definitively that your operation was not in violation of any local law or ordnance, you could have been equally as polite and agree with his idea of contacting LLE. That, in and of itself, may have caused the neighbor to stop and think that maybe they aren't so sure of themselves and are more inclined to listen and maybe start a little research of their own !

 

[RickMC]

Hi Rick,

Firstly, my comment is from the perspective of being on your side, so please take it as such from someone that's been doing this awhile now.

Federally, If you were not in controlled airspace, or launching from locations where it is prohibited, like National Parks, then you were operating within the rules.

As far as state or local, I don't know where you were so I can't advise. But I can say that you should have researched this and know definitively yourself before the operation. In no case would it be okay or legal for the neighbor to take matters into their own hands either way.

You, or your realtor did the correct thing by remaining polite and everything ended well. But had you known definitively that your operation was not in violation of any local law or ordnance, you could have been equally as polite and agree with his idea of contacting LLE. That, in and of itself, may have caused the neighbor to stop and think that maybe they aren't so sure of themselves and are more inclined to listen and maybe start a little research of their own !

Thanks for your response. I was in the state of Maryland and I did actually research the laws on the internet but I couldn’t find anything that mentioned flying over private property. If someone could point me in the right direction I’d appreciate it. Thanks!

 

[Weaponized]

State Drone Law

 

[Pauxier]

Makes you wonder what the guy would have said if you had knocked on his door prior to take off and explained your intentions. Kinda angers some people when you just walk through their yard, but if you ask they're like, sure no problem. Then some people are just--------well you know

 

[Dave Pitman]

Thanks for your response. I was in the state of Maryland and I did actually research the laws on the internet but I couldn’t find anything that mentioned flying over private property. If someone could point me in the right direction I’d appreciate it. Thanks!

You're welcome.

Technology is great. I would use the internet to research if Maryland has any suas legislation in place. It should be fairly simple to locate your state laws online and I bet they are keyword searchable.

For local, I would call city hall or county or whatever and locate the person that would know their regs, usually legal, and ask them directly.

This has been my general approach and it has worked very well so far.

 

[Dave Pitman]

Makes you wonder what the guy would have said if you had knocked on his door prior to take off and explained your intentions. Kinda angers some people when you just walk through their yard, but if you ask they're like, sure no problem. Then some people are just--------well you know

I missed that part? Did he say he was trespassing? I though he said that he was flying over the neighbor's property at greater than 200'.

I think it's a great idea to inform the neighbors when practical.

 

[RickMC]

Federal law overrules any state laws.

I missed that part? Did he say he was trespassing? I though he said that he was flying over the neighbor's property at greater than 200'.

I think it's a great idea to inform the neighbors when practical.

Nope, didn’t go near his property. My drone did but it was very high in the air. Sorry, but people don’t own the air above them. If I was like at 50 feet and purposely spying on him then I get it but I wasn’t.

 

[RickMC]

Seriously, you don’t own the air above your house. If you think you do please show me the law that says that. Is it illegal for a commecial aircraft to fly over someones home thousands of feet in the air? No it isn’t. Sorry, I just think it’s ridiculous that this guy flipped out over a drone.

 

[TreeLineView]

Rick I feel your pain. I had a similiar issue a couple of weeks ago on Cape Cod in a little cottage waterfront community. Guy came out screaming and yelling at me. I landed the craft and let him blow off steam for about 15 minutes while I waited for the home owner to show up. Once he tired himself out I offered to give him some free complimently aerial photos for him Granting me the right to complete the mission . His attitude took a 180 like I was his long lost buddy. Finished the mission safely and got paid.
When meeting with the home owner later that day I found out that a renter from out of state had been in the neighborhood the week before flying over everyone's outdoor showers videoing people. Surprised only one person actually confronted me after learning that

 

[Pauxier]

I missed that part? Did he say he was trespassing? I though he said that he was flying over the neighbor's property at greater than 200'.

I think it's a great idea to inform the neighbors when practical.

Did I say he was trespassing? That was an example of how people can be.

 

[Grumpy]

Makes you wonder what the guy would have said if you had knocked on his door prior to take off and explained your intentions. Kinda angers some people when you just walk through their yard, but if you ask they're like, sure no problem. Then some people are just--------well you know

When I did real estate shoots I would ask the realtor to print up some flyers to hand out to the neighbors with the date and time the aircraft would be in the air. Always had two or three neighbors show up just to watch the aircraft fly around the house I was shooting. Never had a bad experience doing it that way.

 

[Dave Pitman]

Did I say he was trespassing? That was an example of how people can be.

Got it. You were speaking hypothetically. I was commenting based upon his actual encounter.

 

[Mike Nevins]

Rick, I think we can all realate to your story. I had one simualar a few weeks ago. Lady came out and told me it was legal in Colorado to shoot down drones. Of course I told her she was wrong. Anyway, you probably handeled it in the right way, but I think I would have offered to call the police for him. I did this once with another real-estate flight, and the lady left. I had also checked with both my local police and sheriff (County) to see if they had any drone ordinances, they did not. I also had FAA airspace approval, so I already knew in advance that what I was doing was perfectly legal. People need to be educated, but it should not fall on our shoulders to teach them in the field.

Remember, as far as the FAA is concerned, if your a 107 UAS pilot, then you have certain rights and the UAS is an "Aircraft", and as such it is a federal crime to interfere with either the pilot or the aircraft. We need to stand our ground, but humbly.

 

[MapMaker53]

The FAA should establish a law that makes it illegal to interfere with or create a situation that distracts a PIC while the UAV is in the air. It is certainly a safety issue. Might help it happen if we Part 107 operators request that from the FAA.

 

[Dave Pitman]

It is already a felony to interfere with a flight crew. But just like it is already illegal to intentionally damage an aircraft, the law must be enforced.

 

[Yykg0b]

The FAA White Paper on airspace is pretty straight forward, The Fed is in control of ALL airspace. Locals have no control over the air, however, they do have control over the land and can pass limitations on where you can land and take off. You did the right thing.
Be courteous and if the opportunity arises, educate the property owner on what you are doing. 5 minutes taken turning a possible conflict into a knowledgeable and winning situation for all parties is the best option.

 

[NMcDonald]

Thanks for your response. I was in the state of Maryland and I did actually research the laws on the internet but I couldn’t find anything that mentioned flying over private property. If someone could point me in the right direction I’d appreciate it. Thanks!

I live in Anne Arundel County Maryland (Annapolis). I've done extensive research on the Maryland state website laws section, and there isn't anything on the books -yet - but I understand some state legislator created and introduced a bill in committee limiting drones flying over people's houses, but it didn't get out of committee. This was in 2017. I have yet to read or hear about anything for 2018. From your account of the incident, you acquitted yourself well.

 

[R Martin]

It is already a felony to interfere with a flight crew. But just like it is already illegal to intentionally damage an aircraft, the law must be enforced.

I don't disagree with you but being face to face with an idiot threatening you is not the best time to argue the finer points of the law and regulations. Walk away and live to fly another day.