Does a Private Property Owner Have the Right to Shoot Down Your Drone?

Shooting at a Drone is Illegal

Shooting at a Drone is Illegal

Shooting down an aerial drone is a federal crime and could result in criminal liability. Regardless of how a property owner feels about a drone’s (perceived) invasion of privacy over their private property, there are more civil solutions available.

State Privacy Laws Favor Property Owners

We established in our May 2017 blog that case law has favored property owners for altitudes up to 500 feet above their property. So, the wise drone pilot will ensure that they’re flying in accordance with FAA regulations and avoiding any appearance of: (1) the drone is causing a nuisance: (2) being flown recklessly; or (3) violating your state’s privacy laws.

Federal Aviation Laws Favor Drone Pilots

For obvious safety reasons, a drone hit by gunfire could crash, causing injury to persons or damage to property on the ground, or it could collide with other objects in the air. So, shooting at an unmanned aircraft could result in criminal or civil liability, just as firing at a manned airplane. The FAA has cited federal law in their declaration that shooting a drone constitutes a federal crime and could result in criminal liability. Where does it say that?

Federal Law states it in U.S. Code Title 18, Section 32 “Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States . . . shall be fined under this title or imprisoned not more than twenty years or both.” Under subsection (c), threatening a drone or a drone operator would also be a federal crime subject to five years in prison.

What if My Drone is Shot Down?

Aerial drone pilots who have an FAA registration number affixed to their aircraft, are Part 107 certified, and flying in accordance with FAA rules will probably have a good case for filing a criminal complaint . . . As long as they’re respecting the rights of property owners! However, case law can go against the drone pilot if it can be shown that they were depriving the property owner of their rights, particularly invasion of privacy.

Summary

Drone pilots must be careful about flying over other people’s property, especially at low altitude. State laws control property rights and in some cases have favored owners for shooting down drones that have been allegedly used for spying. In light of Amazon’s recent approval to deliver small packages by drones, the gray areas between federal and state rights certainly need to be resolved.

Drone pilots should know their rights but also avoid situations that may place their drone in jeopardy. Getting entangled in the legal system is expensive and should be avoided if at all possible.

Don’t miss our next blog on your right to retrieve a drone that lands/crashes onto private property.

Does an Aerial Drone Pilot have the Right to Fly Over Private Property?

Does This Sign Apply to Aerial Drones?

Does This Sign Apply to Aerial Drones?

There’s an altitude limit at which property owners own their airspace. Above that altitude, it’s owned by the federal government. But regardless of altitude, airborne aircraft are always operating under the jurisdiction of the Federal Aviation Administration.

Federal case law first established property owner’s airspace in 1946 as a minimum altitude of 83 feet in a foundational ruling by the U.S. Supreme Court “United States v. Causby, 328 US 266 (1946).” A navigable airspace boundary was later established by Congress as the minimum altitude for aircraft flights – stated as 500 feet above ground level in the “Congress” hotlink. Property rights laws generally accept altitudes below the minimum navigable airspace as the airspace owned by private property owners.

To be clear, the FAA has jurisdiction over all airspace above the ground where aircraft can operate. However, the FAA does not own the airspace below those altitudes defined as navigable airspace.

What Do I Need to Know as a Drone Pilot?

One lengthy legal analysis suggests drone pilots have the right to fly their drones at 400 feet above private property. As you know, 400 feet is also the maximum altitude that drones may operate (with certain exceptions). Note: I couldn’t verify their 400-feet altitude spec, but offer this resource since it cites some good historical information. Whether you’re using 400 feet or 500 feet, current case law favors the property owner if a claim of trespass is made against the pilot.

Does this mean that if you’re doing commercial photography you’re at risk if your drone flies over an adjacent property? Maybe. However, proving loss of the owner’s “full enjoyment of their land” would be difficult if there’s no evidence of: (1) the drone is causing a nuisance: (2) being flown recklessly; or (3) violating your state’s privacy law. In our experience when flying our drone on commercial jobs, it’s very difficult to avoid flying over a neighbor’s private property. So when we’re on a job, we always have a copy of the owner’s (or agent’s) tasking and fly safe.

I’ve been approached by curious neighbors asking what I’m doing with my drone and have found that by explaining the tasking and showing them the drone’s video display it creates a lot of good will. First, they can see that the drone’s wide-angle camera makes it a poor platform for spying. Second, they think it’s very cool to learn about this kind of technology.

This is also a good time to hand out a business card. Sometimes curious neighbors may have a good question down the road, such as “Can I hire you to photograph my property?”

What About Public Lands, Such as the National Parks?

We covered this question in our blog posted on December 7, 2017 “Everything You Never Wanted To Know About Flying Your Drone in the National Parks.” The NPS Director’s Policy Memo 14-05 stated that aerial drones may not be operated from park property, but may be flown over park property (within the FAA’s Part 107 rules). Apparently, federally-owned land managers defer matters of airspace to the FAA.

Summary

Private property owners are within their rights to demand that drone pilots keep their drones away from their property lines. This is a request that responsible drone pilots should respect. Unless a lawful objection has been raised, whenever flying over private property always fly in a safe and professional manner. This will minimize your risk of an unpleasant confrontation and possible legal action.

This Crosswind is Driving My Drone Crazy

Heading Offset Due To Crosswind

Heading Offset Due To Crosswind

As mentioned in my previous blog, “Flying in High Winds – What Could Possibly Go Wrong?,” wind can affect your drone’s flight control system. In severe situations, its effects are immediately apparent on your screen, such as an image that bounces around. However, there’s another more subtle effect that can impact your videography, which you should know about.

Review of Your Drone’s Flight Control System

First, let’s review what keeps your drone stable while in flight. Today’s sophisticated drones use a magnetic compass and the global positioning system (GPS) to determine the drone’s heading and position. The drone’s inertial navigation system is always comparing its solution with that of GPS to hold the drone in position and to keep the camera steady. So, even if the wind is buffeting your drone, its control system is doing a pretty good job of holding the camera steady.

However, if the wind is high enough and the gusts strong enough, the drone’s flight control system can be driven into its non-linear region. This appears as bouncing around in the video feed to your screen and recorded images if you’re shooting video. Your only solution is to wait until the wind settles down and try again.

Wind Can Affect Your Videography in Other Ways

While flying your drone manually, you’ll probably never notice the effect of a crosswind. However, in programmed flights, such as DJI’s waypoint mode, you may notice a yawing (heading) effect while the drone is flying from point A to point B. This effect is known as “crabbing.”

Crabbing is where the yaw axis of the camera offsets from the drone’s direction of travel. Stated another way, while your drone’s course toward Point B may be on a direct heading, it offsets in yaw to another angle, typically turning into the wind.

In light winds, the crabbing effect is minor, but as the crosswind speed picks up it becomes more pronounced. Its effect on your video? You’ll notice your drone’s video image offset a few degrees from the straight-ahead direction.

What Causes Crabbing?

Your drone does a pretty good job of maintaining its heading and position along the desired track over ground. However, it still has to adjust heading to compensate for wind and stay on the objective track. When your drone adjusts the heading, its camera crabs over to an offset angle. This is simply vector math and is commonly encountered in aviation scenarios (as well as for boats in crosscurrents, etc.). Think of an airplane landing in a crosswind – notice how its angle relative to the runway is offset? That’s crabbing.

What Can I Do With This Information?

With awareness of crabbing, you can look for its effect on your videography. If it becomes objectionable then you can increase your drone’s speed (again, vector math), wait for a calmer day, or crop out some of the offset in postprocessing.

Zoom-in With a Fixed Lens Camera

Zooming In With Your Drone's Fixed Camera Lens

Zoom-in With Your Drone’s Fixed Camera Lens

At one time or another, everyone has had situations where zooming in on a video clip adds that finishing touch. Whether it’s for effect or for greater stand-off distance, the convenience of camera zoom takes your photography to the professional level.

In this blog, I’ll show you how to get Full High Definition (1080p) results at a zoom factor of 1.4x using a fixed-lens camera. This is good information for venues like sporting events and weddings, which can be recorded from the air but at a great enough distance so the drone’s presence has minimal notice. For more information on camera resolution please read my blog Setting Up Your Aerial Drone Camera.

Do I Need an Expensive High-End Drone and Camera?

Although that would be one way to get zoom capability, it can be a very expensive investment. But, let’s look at just one of many high-end drone/camera solutions:

For a modest investment of $5,000 you can purchase a DJI Inspire 2 drone, Zenmuse X5S camera, and Lumix 14-42mm zoom lens and the results will be quite professional. The Lumix lens gives you the standard camera focal length equivalent of 28-84mm. So, with 50mm as the standard for zero magnification, this camera has a zoom range of 0.6x wide angle to 1.7x telephoto. Remember these numbers.

Is There a Less Expensive Alternative?

There’s another solution that is far less expensive and provides excellent results. Many drones on the market can record Cinema 4K video, which has a resolution of 4096×2160 pixels. However, most users are satisfied with a Full HD resolution of 1920×1080 pixels.

What these numbers mean is that to get a digital zoom capability, you can record video in Cinema 4K mode, which leaves plenty of resolution to render any portion of the frame in Full HD. Rendering the video is done in post-processing, where video clips are transformed into the finished video.

For example, we can use our drone to record the desired scene in C4K mode. We start with the equivalent wide angle focal length of the camera’s lens, which is 35mm (0.7x). Using post-processing software, as much or as little of the C4K image can be cropped for the desired magnification. So, when your video is captured in C4K, you can select a crop “window” of up to 50% and render your new “zoomed-in” video in beautiful FHD. In other words, you get a full-definition 1920×1080 pixels! For this level of cropping, you achieve a zoom factor of 1.4x, equivalent to a 70mm telephoto lens.

Compared with the $5,000 solution, which zooms 0.6x to 1.7x, this digital zoom technique gets you 0.7x to 1.4x.

Any More Slick Ideas?

Two for sure . . .

  1. If you want even more zoom, just crop to get the desired magnification. There’s no limit to how much you can crop, though you will start to see the results of lower resolution. For example, you can crop at 25%, which gives you a zoom factor of 2.8x (140mm telephoto) but the resulting FHD video will display a lower resolution of 1024×540 pixels.
  2. Any method of zoom will increase the image’s sensitivity to camera movement. So a small and acceptable level of vibration at 0.7x may be objectionable at 1.4x. Unwanted vibration can be minimized in post-processing using image stabilization. For more information please read my blog Video Production and Post-Processing.

At FAD-Photo, we use the DJI Phantom 4 Professional V2, which provides a highly stable platform capable of stunning high definition photographs and videos. We have mastered the art of taking C4K videos and using our post-processing software to minimize vibration and render FHD videos.

We deliver the results you would expect from a professional aerial drone photography service! For more information, please refer to our Aerial Drone Photography and Video Services page.

Flying in High Winds – What Could Possibly Go Wrong?

Propeller Spin-off

Wind Gusts Caused This Problem

In this blog, we explain why we limit our flights to wind speeds of 10 mph or less. Seem drastic? Please read on; this is good information.

Drone electronics are quite sophisticated, as they use inertial navigation to stabilize the drone’s camera so it’s almost free from the effects of wind patterns. However, there’s a design limit at which the stabilization reaches the “stops” and no longer holds the camera level.

When the drone is buffeted by gusty winds, the magnitude and direction of the wind can shift quite suddenly. This gives the drone’s stabilization system a workout and sometimes the requirements go beyond the linear operating range. The result is a momentary tilting of the image sent to your remote control. Even with non-gusty winds, the drone’s camera may yaw left or right as the drone’s control system compensates for the wind.

OK, Crooked Photos And Videos; Is That It?

Not really – something much worse can happen when the drone is buffeted by strong gusts: Such as the sudden loss of your drone! The drone’s stabilization system works very hard to keep the camera steady, but when the wind vector tries to tilt the drone, the motors will adjust speed AND DIRECTION, as necessary, to maintain level. If the wind vector is strong enough, one or more motors can momentarily be driven in reverse.

If your propellers screw on, such as the Phantom 3 series, they rotate in a direction that is usually self-tightening. However, if the motor momentarily reverses in a gusty situation then the propeller can actually unscrew and spin-off. The best way to safeguard against a spin-off is to screw the propellers on very tightly. If you’re flying a DJI drone, this means using the supplied wrench.

If your drone uses the new quick release propellers, they can still spin-off, but you’re at a lower risk. Take the Phantom 4, Inspire 2, and Mavic series for example. Their propellers mount with a push and 1/8 of a turn. You (we all) feel safe because there’s a relatively strong spring to hold the propeller in place. However, these drones’ control systems can still drive the motors in reverse. When thrust is reversed and the propeller pushes hard enough against the spring then it will fly-off.

Having some speed on the drone reduces the forces that can drive the motors in reverse. But the pilot should be very careful about low speeds and hovering because these are the conditions that make it more likely that a gust will try to pitch the drone over.

Of course, the best way to safeguard against a spin-off is to avoid flying in high winds. The graphic above was taken from telemetry received from an actual spin-off event.

Why Can’t The Drone Fly With One Propeller Missing?

If a propeller spins off your aerial drone this is what you can expect:

A drone with six or more propellers can survive a one-propeller spin-off. But drones with four propellers are doomed. These drones have two props that rotate clockwise and two that rotate counterclockwise. They were designed this way to cancel the drone’s tendency to rotate. But if you remove one propeller, the drone will go into a spin.

Without a propeller there’s no lift so that corner drops down. So in addition to spin, the drone goes into an uncontrolled roll/pitch. The drone is hopelessly out of control and falls to the earth.

Recommendations

Inspect the propellers before every flight. If you must fly in winds greater than 10 mph, understand that gusts can easily double the wind speed. Take precautions that the propellers are screwed on tightly with a wrench. If you see the image tilting on your remote control, land your drone immediately. Better to fly another day than to take chances on a windy day.

Flying Aerial Drones At Night Is NOT Permitted By The FAA

Flying Your Aerial Drone At Night Is Not Permitted (Without Waiver) By The FAA

Flying Your Aerial Drone At Night Is Not Permitted (Without Waiver) By The FAA

Your drone lights up like a Christmas tree at night, but does that mean you can legally fly your aerial drone at night? Some drone pilots think yes, but I haven’t found justification for night flying in the USA without an FAA waiver.

This is another of my blogs where the FAA’s rules are straightforward. You can avoid a lot of boring reading if you will just take my word to fly your aerial drone in daylight conditions unless you receive a waiver from the FAA.

Let’s find out what the FAA has to say about night flying:

The Federal Aviation Administration (FAA) rules are found in the Code of Federal Regulations (CFR) which are federal laws. Those that apply to this topic include:

Title 14 CFR 107.29  Small UAS Daylight Operation.

(a) No person may operate a small unmanned aircraft system during night.

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles . . .

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise.

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset.

Reading this excerpt from the rules, the FAA is clear that Aerial Drones shall not be flown at night. However, flying during periods of civil twilight is permitted as long as collision-avoidance lighting requirements are met. Of note, the LED lights on your DJI drone are nowhere near the intensity to qualify for twilight flying; see line (b) above.

The FAA may issue a WAIVER for night flying

Pilots who wish to fly at night may request a certificate of waiver from the FAA’s Administrator. The waiver request must contain a complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of a certificate of waiver.

14 CFR 107.200  Waiver Policy and Requirements:

(a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in §107.205 if the Administrator finds that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver.

Of note 14 CFR 107.205 specifically includes flying at night. Your waiver application is submitted to the office of the FAA’s Administrator in Washington, DC.

Can I Fly at Night Under the Model Aircraft Rules of Part 101?

There are some remote pilots that have stated the requirements for 14 CFR 101.41 will allow them to operate at night. In my view, this is a stretch of interpretation for most pilots.

The chapter that covers UAS’s, Part 107, specifically excludes aircraft that are qualified to fly under Part 101. In other words, you can’t use Part 101 rules to justify flying Part 107 aircraft.

Why? Part 101 addresses Moored Balloons, Kites, Amateur Rockets, Unmanned Free Balloons, and Certain Model Aircraft (emphasis mine).  Subparagraph 101.41 addresses the Special Rule for Model Aircraft, which some pilots have stated online justify flying their aerial drones at night.

First, there are several requirements that must be met if your aerial drone is to be considered a model aircraft:

  • You may fly for hobby or recreation ONLY
  • You must register your model aircraft
  • You must fly within visual line-of-sight
  • You must follow community-based safety guidelines and fly within the programming of a nationwide community-based organization

That’s it. Night flying is not explicitly permitted in the subpart for “Certain Model Aircraft”.

Remote Pilots that are flying commercial off-the-shelf aerial drones, such as those manufactured by DJI, will have a hard time convincing the FAA that you qualify under Part 101 rules.  Even if your drone was to qualify under Part 101, the relevant subparts that allow night flying don’t apply to model aircraft. They apply to other aircraft categories, for example:

14 CFR 101.17

No person may operate a moored balloon or kite, between sunset and sunrise unless the balloon or kite, and its mooring lines, are lighted so as to give a visual warning equal to that required for obstructions to air navigation in the FAA publication “Obstruction Marking and Lighting”.

14 CFR 101.25

When operating Class 2-High Power Rockets or Class 3-Advanced High Power Rockets, you must comply with the General Operating Limitations of §101.23. In addition, you must not operate Class 2-High Power Rockets or Class 3-Advanced High Power Rockets . . .

(d) Between sunset and sunrise without prior authorization from the FAA . . .

14 CFR 101.35

No person may operate an unmanned free balloon unless . . .

(b) No person may operate an unmanned free balloon below 60,000 feet standard pressure altitude between sunset and sunrise . . .

None of these sections (17, 25, and 35) should be used to justify flying aerial drones at night.

Conclusion

The FAA is very clear in Part 107 that flying aerial drones at night is not permitted unless the pilot has received a waiver. Using Part 101 is not a good interpretation of the meaning and intent of the FAA’s rules. However, there are those venues where flying at night is permitted and waiverable. Some that come to mind include certain sporting events, law enforcement, and fire and rescue.

Another resource that I’ve cited before is Drone Law Attorney “Rupprecht Law.”

Please read their legal opinion on How to Fly Your Drone at Night.

Setting Up Your Aerial Drone Camera

Aerial Drone Camera Options

Aerial Drone Camera Options

Video Formats

When you set up your aerial drone camera to take videos, the first thing you’ll want to do is to select the American standard of NTSC (National Television System Committee).  Your other option is PAL (Phase Alternation by Line), which is more common in Europe, Asia, and Africa. A third standard known as SECAM is also common in Asia and Africa, and your drone may offer it as well. When in the USA, select NTSC. The main difference is frame rate where the American standard is based on 60 Hz and the European standard is based on 50 Hz.

Among your camera’s setting options, you’ll find video size, which allows you to select format and framerate. You can select from 4k for the UHD or Ultimate High Definition (think of Sony’s 4k digital cinema in your movie theater), 2.7k and 1080p (also known as FHD or Full High Definition), and 720p (also known as HD or High Definition).

I recommend setting your video to 1080p, which has a frame resolution of 1920×1080 pixels, and is standard among televisions and computers. Unless you have a requirement to use higher resolution, then 1080p is the standard for you. Higher resolutions, such as 2702×1520 and 4096×2160 are gorgeous if you have the hardware to play them. Their downside is the increased amount of time required to render in video editing software. Another downside is stutter when playing them on less than state-of-the-art hardware.

Recently I compared several of the UHD and FHD video formats and found that my computer monitor displayed all of them, but stuttered when the source was 2.7k or higher. I couldn’t tell any difference in their resolution when compared with standard 1080p, but that would be expected with a 1080p monitor. There was also some stutter when I played a 1080p video at 60 frames per second.

For most videography applications, I recommend using 1080p at 30 frames per second. Eventually the market will move to 2.7k and 4k resolutions, so you should be ready to switch when that time comes.

Photo Formats

Common formats for aerial drone cameras include 12MP (4000×3000 pixels) and 20MP (5280×3956 pixels), which are sufficient resolution for super fine-grain pictures. I have found that the resolution of the sensor is typically greater than the limitation placed on it by the camera’s optics.

Check it out for yourself by blowing up an image in your favorite photo viewing software. You’ll see the image is blurred from pixel to pixel, which was caused by the optics, not the sensor. This is why you want the most direct path for light to enter the image sensor. Due to their small size, these cameras (and their filters) pick up finger prints and smudges that will reduce the resolution of your camera. Inexpensive filters are another contributor to lower resolution.

Three-byte color granularity is known as 24-bit color because there are 8 bits per primary color.  It’s also known as “True Color” or “16.8 million colors” since 2 raised to the 24th power is 16.8 million.  Using our drone’s 12MP image as an example, the resulting image file is 36 million bytes (or 34MB).  Fortunately, cameras compress the images and reduce their file size to perhaps a tenth of their original size. You’re probably already familiar with the common file compression standard created by the Joint Photographic Experts Group and known as JPG.

A drawback of the JPG compression standard is that certain pixels are selectively thrown out. The loss in fidelity is usually negligible. However, the compression process is not reversible so some image quality is permanently lost.

For optimum results, professionals use the camera’s raw mode, which compresses image files without throwing out any pixels. The resulting file sizes are 2-3 times the size of a JPG file, but there’s no sacrifice in image quality. DJI’s aerial drone camera options list RAW, but download in Adobe’s Digital Negative (DNG) format.

For most photography applications, I recommend using the JPG format due to its high popularity. For those special shots (or client requirements) then select raw mode.

Other Aerial Drone Camera Settings

Settings for exposure value, contrast, saturation, color filter, etc. are also available for the experienced photographer. Default values will usually suffice for the casual photographer, but when you’re looking for more control you’ll find it under these settings.

Fly Safe!

No Fly Zones – Flying Your Drone in Restricted Airspace, Part 2

DJI's Fly Safe GEO Zones

DJI’s Fly Safe GEO Zones

Is my flight location in a restricted airspace zone?

No matter what make and model drone you’re flying, you can find out if you’re in or near restricted airspace on the DJI Fly Safe GEO Zone Map (GEO – Geospatial Environment Online). Of note, the DJI GEO-Map is much more comprehensive than the FAA’s online map, from Part 1.

DJI’s GEO-Map System delineates where it’s safe to fly, where your flight may raise concerns, and where flights are restricted. Restricted airspace zones that prohibit flights are implemented around locations such as airports, power plants, and prisons. They’re also implemented temporarily around major stadium events, forest fires, or other emergency situations. Certain restricted airspace zones don’t prohibit flight, but do trigger warnings that inform users of potential risks.

The procedures below are specific to the DJI brand of aerial drones. Other drone manufacturers may have their own procedures.

DJI’s Restricted Airspace Boundary Color Codes

Green– warning zone, such as the outer zones of restricted flight areas.

Yellow– authorization zone, such as the inner zones of restricted flight areas – unlock is available online.

Red– restricted zone, unlock is available by providing evidence from an authorization authority to DJI.

FAA Part 107 requires the remote pilot to receive permission from the airport Fixed Base Operator prior to flying within 5 miles of the airport. If your drone is inside the “green zone”, that is it’s inside the 5-mile radius but outside the 1.5-mile radius, DJI assumes the pilot has this permission – your drone will fly; no further action needed. However, if you’re inside the 1.5-mile “yellow” radius, the drone’s firmware prevents the drone from starting and/or entering this airspace.

DJI provides an easy method to unlock your drone’s firmware so you can enter “yellow zone” restricted air space, such as around regional airports. DJI assumes the pilot has this permission and simply verifies your identity in their online process. Here’s how:

Unlocking a Yellow Zone Restricted Flight Area

Unlocking a yellow zone boundary, such as within 1.5 miles of an airport, requires permission via the DJI website, which verifies your identity and coordinates the “Unlock” with your DJI online account. A reminder that you should have a valid reason, such as a commercial photo shoot, prior to asking the airport’s Fixed Base Operator for permission.

Procedure

Open the DJI Fly Safe web page:  https://www.dji.com/flysafe

Click on the “UNLOCK A ZONE” tab and enter your DJI account information.

Enter your drone model, location, authorization date range, and controller serial number. Your remote controller serial number is not printed on the remote, but you can look it up in your DJI Go app. You can also look it up in a Litchi flight log under the column FlyControllerSerialNumber.

Choose to verify your identity by credit card or mobile phone (with text capability):

1. By phone, enter the number (no hyphens), press send and you will receive a text message. Enter the token.

2. By credit card, enter the number (no hyphens) and info.

If successful, you will get this notice: “This Authorization Zone has been unlocked. You can check your unlocking records in the DJI GO app.” Caveat: you may not see the “unlocking record” in your app but you will be prompted to fly safe before taking off. Also, this procedure only works for the DJI Go app; other after-market apps may not work.

Unlocking a Red Zone Restricted Flight Area

Permission to fly in a red zone is done via e-mail to flysafe@dji.com. You will need to provide evidence from an authorization authority. DJI will then process your request and, if approved, unlock your drone via your DJI online account.

Fly Safe!

No Fly Zones – Flying Your Drone in Restricted Airspace, Part 1

Aerial Drone Restricted Flight Zone Signs Coming Your Way Soon

Aerial Drone Restricted Flight Zone Signs Coming Your Way Soon

This blog outlines some of the latest No Fly Zones in the United States. These are places that the Federal Aviation Administration (FAA) states you cannot fly your aerial drone. This subject is dry and boring, so all you need to know is that you can’t fly your recreational drone near airports, military installations, major sporting events, and nuclear research labs.

Of note for our DJI drone pilots, DJI has software lock-outs to keep their drones out of restricted airspace. Part two of this series outlines the procedure for DJI drone pilots to unlock their drone’s restrictions, such as when they have permission to fly in restricted airspace.

National Security Sensitive Facilities/National Defense Airspace

FAA NOTAM FDC 7/7282 governs restricted air space. The restrictions extend from the ground up to 400 feet, apply to all types and purposes of Unmanned Aerial System (UAS) flight operations, and remain in effect 24 hours a day, 7 days a week.

This NOTAM identifies in an online map the FAA’s restricted UAS flight operations airspace: https://uas-faa.opendata.arcgis.com/

At this time, the restricted airspace is typically around military installations, large airports, and nuclear research labs. It seems reasonable to expect that power plants, prisons, and other critical infrastructure will be added to this online map.

This NOTAM also states the enforcement actions and penalties: $32,666 for a small business, $13,066 for an individual not acting as an airman, or $1,437 per violation for an individual acting as an airman; and revoking FAA certificates and authorizations to operate UAS’s under Title 49 U.S.C. Sections 44709 and 46301. I’ve also seen reports that military installations can shoot down unauthorized aerial drones.

Sporting events

FAA NOTAM FDC 7/4319 restricts UAS operations around stadiums and motor speedways.

UAS’s are prohibited from flying at or below 3,000 feet within a 3 nautical mile radius of any stadium with a seating capacity of 30,000 or more people during a Major League Baseball, regular or post-season National Football League, NCAA Division I football game, or major motor speedway event. This temporary flight restriction applies to the entire U.S. domestic National Airspace System, and takes effect starting one hour before the scheduled event time until one hour after the event concludes.

The FAA’s Go-To Resource

B4UFLY is an easy-to-use smartphone app that helps unmanned aircraft operators determine whether there are any restrictions or requirements in effect at the location where you want to fly. B4UFLY pulls its information directly from publicly available FAA data sources and packages the information in a user-friendly and intuitive format. You can download B4UFLY from Google Play (Android) or Apple’s App Store (IOS).

More information is available online at:  https://www.faa.gov/uas/where_to_fly/b4ufly/

Future Developments – ID and Tracking Your UAS

ID and tracking technology is actively being considered as a requirement for UAS’s by the Aviation Rulemaking Committee. Yes – this is about adding transponders to future drones so big brother can identify your drone (and you), and possibly override your control.

Their most recent report is found here:  ARC Recommendations Final Report 9/30/2017

The FAA welcomes UAS questions at their e-mail:  uashelp@faa.gov

Fly Safe!

Everything You Never Wanted To Know About Flying Your Drone in the National Parks

USA National Park Service

National Park Service Policy On Aerial Drones

Flying aerial drones in the National Parks of the USA was outlawed in June 2014 by the Director of the National Park Service in his Policy Memorandum 14-05.

Several incidents led to this interim policy guidance, which supplements Title 36 Code of Federal Regulations (CFR).  For example, I read reports about amateur drones harassing wildlife, interfering with search and rescue efforts, interfering with fighting forest fires, and in one case a drone that crashed into the Grand Prismatic Spring in Yellowstone National Park.

What You as a Drone Pilot Need to Know

Let’s just get down to the important stuff – what can they do to you if you get caught? Park Rangers are permitted by law to make arrests for violations, and if convicted a drone pilot faces fines and jail time.

So, where does it say that?  Title 36 CFR Part 1.5 and the Policy Memo provide the authority, and 36 CFR Part 1.3 states the penalties, which read: “shall be punished by a fine as provided by law, or imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings.”  I’ve also heard of Park Rangers confiscating drones, but I haven’t seen a policy statement granting them that authority.

What parks are covered?  Title 36 covers all lands that fall under the jurisdiction of the National Park Service, including National Parks, National Military Parks, National Monuments, and Battlefield Sites.

Can I Fly Over Other Federal Lands?

Currently, my sources state that you can fly your drone over the National Forests and most lands administered by the Bureau of Land Management.  However, watch for changes in policy as lawmakers are crafting new rules regarding aerial drones.

Process for Permission

For most drone pilots, the bar is simply too high to get a waiver or what the National Park Service calls a Special Use Permit.  The NPS Policy Memorandum outlines the process in Exhibit B. Paraphrased, it states the Park’s Superintendent will receive a written request for proposed drone operations and endorse it up the chain of command to the Associate Director, Visitor and Resource Protection office in Washington, DC for approval.

Are There Any Workarounds?

Once your drone is airborne, your flight falls under FAA rules.  The NPS Policy Memo acknowledges this and states “Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the NPS is prohibited.”  However, under the FAQ section (no. 9), this prohibition is clarified with a very useful statement that aerial drone flights originating outside the park’s boundary ARE permitted to fly over national park lands (because they’re in the air space that falls under the jurisdiction of the FAA).  I will add that the wise drone pilot will fly strictly in accordance with the safety provisions of the FAA’s 14 CFR Part 107.

Fly Safe!