Federal authorities from the National Park Service recently cited two individuals for operating a UAS near and around Alcatraz Island. On June 26th the UAS operators were working on a pictorial project involving images of Alcatraz. In doing so, they were taking aerial photographs of the historic location using an electric UAS rotorcraft from a boat offshore from the island.
As a result several citations were issued for violations involving creating a hazardous condition, operating within a prohibited area, operating an aircraft within 500’ of a boat dock, disturbing wildlife and filming without a permit. Interestingly enough, the only mention made of enforcement action relating to the unauthorized commercial operation of UAS was the issuance of a “cease-and-desist” letter.
FAA has contended the need and its intention to regulate ALL model aircraft in order to fulfill its responsibility to take enforcements action for acts that endanger the national airspace. We (AMA) contend that there are more than enough existing local, state and federal regulations on the books to penalize individuals for truly ‘unsafe’ acts and endangering persons or property.
Rich Hanson
AMA Government and Regulatory Affairs
Learn more about the San Francisco Bay UAS incident. Click the link below to read the article posted in MercuryNews.com…
Feds cite Marin County men over drone helicopter flight at Alcatraz
The Federal Aviation Act of 1958 provided statutory authority under power of the federal government which is derived from both the consent of the governed and the Constitution of the United States of America. The specific basis for this authority is the Interstate Commerce Clause of the US Constitution for this law. As the US Constitution delegates all other powers to the states not mentioned nor further expressed, it would seem then that the authority for model planes lies with the states as they stay within the borders of the states.
Prior to the expected market interest in video streams from aircraft, there was little or no regulation or interest in this activity. Only now, at the rise of a corporate dominated passage of law has this activity become a concern to the politics of restriction.
Point well taken here Gene. Wish there was a Commercial AMA to help us out as they are doing a great job, I think, with the modeling issue. Unfortunately I see reitgaulon curtailing once again a wonderful new commercial enterprise. So far it appears pilots licenses will be required etc. The sillyness of all this is what about using an MCQX quad copter with a little camera. Weighs what, 2 ounces, takes pretty good video, see my clubs web page, flying over a house if that comes under FAA reitgaulon this is all about curtailing business and all about money. I get safety issues but in this example there are none! If he gets paid 100 bucks to help out his buddy the real estate agent he is violating federal law and don’t tell me they won’t be looking at real estate video!michigansignalseekers.org for a cool video of our secretary flying around in Nankin Hobby in Farmington Michigan..