Here we go again-City Council approves restricting drone use

[LUIS MARTINEZ]

City Council approves restricting drone use

In a 5-2 vote tonight, the Fort Wayne City Council approved an ordinance that requires drone operators to notify the city police department of plans to fly in specific areas

www.journalgazette.net

"We don't approve or disapprove the flights there at all. We're requiring notification of those flights, Bowers said. The notification process is very minimal as far as time to fill out ... That bit of notification helps us coordinate what's going on in the area.
The ordinance does not restrict flights or require approval, Bowers said, and does not conflict with any Federal Aviation Administration regulations regarding drone flights.
There is also an enforcement mechanism that allows the police department to address unsafe flights, Bowers said. Drones could be impounded for a period of time and fines could be imposed. According to the ordinance, violations carry penalties of up to $500 and drones or control boxes could be impounded for up to three days. "

The ordinance does not mandate requesting approval but if you disobey we'll take your drone and fine you!

 

[ArrUnTuS]

Here this process is obligatory, not only to the city council, but also to the security forces

 

[Bob]

Lets all file a request to fly whether we do or not let's bombard them with requests and see how that works for them. Lol

 

[LUIS MARTINEZ]

Lets all file a request to fly whether we do or not let's bombard them with requests and see how that works for them. Lol

I am still amazed how many city attorneys (who's job is to advise the council on legal issues) are ignorant of the law. Guess I shouldn't be having worked for government agencies for 32 years. Not exactly Harvard scholars.
Hey barristers, Congress gave the FAA complete jurisdiction and control over the national airspace years ago. Can't permit "little FAAs" to sprout out of every hamlet, village, township, county or state. Unfortunately the feds are rather slow in asserting airspace rights when it happens, IMHO.

 

[ArrUnTuS]

I don't think that's the way it goes, Luis. If it's something like here, it's about controlling activities that can be dangerous or alter the functioning of towns, villages or cities. The air space is still controlled by the same, but the activities that are carried out from the ground, you as a pilot are on the ground, is controlled by the council. Now they will begin to force the perimeter of the flight zones, so that in case of accident, property or people, can not be damaged, and that is something of competence of the city council......... They're asking for more and more things.

Here you can have permission from AESA, you can have permission from the town hall, but if the police say NO, you can't do anything. It gets even more complicated when you consider that there are local and state police. Here we have serious limitations to fly in urban centers, there are already regulations for amateurs and professionals. That's why there is an obligation to ask for these permits. There is also a state campaign to inform all city councils and police forces.

Already commented more times, the regulations are copied from one country to another, in the end we will all be affixed to make a simple flight, here we are already ?

 

[LUIS MARTINEZ]

I don't think that's the way it goes, Luis. If it's something like here, it's about controlling activities that can be dangerous or alter the functioning of towns, villages or cities. The air space is still controlled by the same, but the activities that are carried out from the ground, you as a pilot are on the ground, is controlled by the council. Now they will begin to force the perimeter of the flight zones, so that in case of accident, property or people, can not be damaged, and that is something of competence of the city council......... They're asking for more and more things.

Here you can have permission from AESA, you can have permission from the town hall, but if the police say NO, you can't do anything. It gets even more complicated when you consider that there are local and state police. Here we have serious limitations to fly in urban centers, there are already regulations for amateurs and professionals. That's why there is an obligation to ask for these permits. There is also a state campaign to inform all city councils and police forces.

Already commented more times, the regulations are copied from one country to another, in the end we will all be affixed to make a simple flight, here we are already ?

You and I had this discussion before. The EU and the USA are very different sovereigns and function on very different principles. I can only address our system. The Federal Aviation Administration has sole control over the National Airspace, by federal law. No city, county or state can usurp the FAA's legal authority under our system of government. Ignorant city and town councils believe they can but the only aspect they have control over are launching sites, a city can legally prohibit a UAS operator to fly from city property but the sky above is beyond their control. In the US there is only one FAA.

Local and state police in the US do not have aviation regulatory authority. As stated before, their authority is limited to the ground, not the air. I was a cop for 32 years, am familiar with the laws and its limits. Were I ordered to cease a UAS flight by police today, I'd promptly do so, drive to the PD, file a complaint. And if not satisfied, I'd get an attorney to file a civil action, and also contact the FAA.

Since 2015, when my UAS business began, I have never been interfered with by police. They come by, ask a few questions and leave. They have real crime to deal with.

The EU may be different, I don't know...

 

[ArrUnTuS]

It is clear that English is not my language, but if you read well, at no time have I said the opposite to what you are telling me, but I have affirmed it and I have given you the example where the municipalities have control.

The city councils have power for what happens in their area, and I repeat, the tendency is, no matter how much the FFA gives you permission to fly, if the city council says no, you can not do it because necessarily, you, as a pilot, you have to do it from their area, from the ground, that is a double-edged sword.

I know perfectly well that in the US and in European countries it's different, but look what a coincidence, everything that is done on one side, with time is done on the other side, in both senses. This thread is an example of what I said some time ago, for now only a few town halls, how long will it take to become a federal norm? time to time.

The police don't have to tell you anything if what you do doesn't violate any regulations, if what I'm saying is that those regulations, whether you like it or not, are going to be implemented. A good policeman, knowledgeable about his job and the law, if there are no regulations, in principle does not have to be able to tell you anything. And I say in principle, because if he considers that you are endangering property or people, he has the power to do so, you know better than anyone else.

Regulatory measures are only in their infancy, and to make it clear, in Europe the regulations have been developed much more than in the United States, so the same or similar regulations will surely be applied there.

 

[LUIS MARTINEZ]

It is clear that English is not my language, but if you read well, at no time have I said the opposite to what you are telling me, but I have affirmed it and I have given you the example where the municipalities have control.

The city councils have power for what happens in their area, and I repeat, the tendency is, no matter how much the FFA gives you permission to fly, if the city council says no, you can not do it because necessarily, you, as a pilot, you have to do it from their area, from the ground, that is a double-edged sword.

I know perfectly well that in the US and in European countries it's different, but look what a coincidence, everything that is done on one side, with time is done on the other side, in both senses. This thread is an example of what I said some time ago, for now only a few town halls, how long will it take to become a federal norm? time to time.

The police don't have to tell you anything if what you do doesn't violate any regulations, if what I'm saying is that those regulations, whether you like it or not, are going to be implemented. A good policeman, knowledgeable about his job and the law, if there are no regulations, in principle does not have to be able to tell you anything. And I say in principle, because if he considers that you are endangering property or people, he has the power to do so, you know better than anyone else.

Regulatory measures are only in their infancy, and to make it clear, in Europe the regulations have been developed much more than in the United States, so the same or similar regulations will surely be applied there.

Two different sovereigns, my friend, two different sets of rules. We can agree on that, can we?
And the US will never adopt EU policies, for obvious reasons.

 

[ArrUnTuS]

Two different sovereigns, my friend, two different sets of rules. We can agree on that, can we?
And the US will never adopt EU policies, for obvious reasons.

I do not want or come here to talk about politics, only drones and their regulations. I don't know what reasons you have to say that the US is not going to adopt the regulations that are complied with in Europe. They will copy it or it will be similar and it will be US regulations, and that's it. An example is the news of this thread.

 

[LUIS MARTINEZ]

if u say so...