Quote:
Originally Posted by DrHitch
Hi all,
I reviewed an old thread (now closed) about flying drones in The Villages...ref: Drone use in and around The Villages [TV]
Questions:
I do know that Don Whaley is the guru for the drone club here in the villages and I have flown with them at the baseball fields.
I was told yesterday that there may be some updates to local policies specific to drones?
A LAANC approval does show us here as open airspace
So, non-commercial recreational flying is still legal?
Pls no snarky comments...just questioning from a FAA 107 licensed pilot... |
First off, my last name is spelled W i l e y.
Commercial and recreational flying is legal throughout The Villages and surrounding areas.
LAANC approval is required when flying in restricted airspace such as within 5 miles of an airport, Leesburg being the closest of these. There are 15 general aviation untowered airfields within 5 miles of the boundaries of The Villages. I've reached out to all of these over the years and only received a few responses, mainly - keep it under 400ft, don't bother us again, and a few other choice words we used in the engineer of a submarine when something broke.
Part 107 flight certificate (14CFR107) is required for commercial operations but not required for recreational. Recreational pilots must take the TRUST exam, just go to the faa.gov/uas website for a link to take the test, it's free and you can't fail.
Flying over private property is legal and does not require permission. The FAA owns the airspace not the property owner. (United States v. Causby (1946) – airspace ownership of a private individual “immediate reaches above the land”)
Neither the county, the city, nor The Villages can make any laws or regulations concerning use, operation, or any other restrictions specific to sUAS (drones), that power belongs to the state per FS330.41.
Lake county ordinance, is legal under 330.41 as it is not specific to drones.
Lake County FL Code of Ordinances Chapter 16 Parks and Recreation
Section 16-7 – Prohibited Activities
16-7(a)(9) Non-recreation areas. No person or persons shall engage in rough or potentially dangerous games or practice for same, such as football, baseball, softball, horseshoes, quoits, tennis volleyball, badminton or any other games, practice or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, Frisbees, model aircraft, roller skates or skateboards in those areas posted as nonrecreation
areas, or in those areas specifically restricted.
There is also the Florida Administrative code:
Florida Administrative Code 5I-4.003.(11) (Forestry – Vehicular, Animal and Pedestrian Control)
No person shall takeoff or land an aircraft on managed lands, except at a runway or a helispot and only with authorization from the Service, and such authorization shall be based upon a determination that the takeoff or landing will not endanger the health, safety or welfare of any person; potentially damage the forest resources; or interfere with management objectives of that forest as provided in that forest’s management plan. Authorization from the Service is not required in an emergency or for Service official business.)
There are two other Florid laws that apply 330.411 Prohibited possession or operation of unmanned aircraft.
and
Florida Statute 934.50 Searches and seizures using a drone. - this one covers the privacy issues related to drone operation.
14CFR89 – sUAS Remote Identification requirements - this is the latest changes to the law requiring Remote ID on all sUAS or their operation is restricted to an FAA Recognized Identification Area (FRIA). Most newer aircraft have RID built in, if not you can purchase a RID module and attach it to your aircraft (stupidly expensive right now), or you will be limited to a FRIA area.
You only need to get your Part 107 certificate if you work is monetized - basically any one or any entity received monetary or other compensation for your work. This include YouTube and Facebook postings; YT & FB are compensated for your work even if you are not, therefore it is commercial work and a Part 107 cert is required.
Getting you Part 107 cert is neither difficult nor expensive. The Drone Flyers Club offers to its members discounted study books and training every month on Part 107. Depending on your background and experience it will take you 6 to ??? to study for the test. The testing is done at the Leesburg airport and costs about $150. The DFC had 2 members get their 107 cert this week, and has a goal of 50% of the membership getting or having their 107 by the end of the year, we're at about 40% right now.
Hope that answers your questions. Send me a PM if you have more.