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Jan 12, 2020, 08:06 AM
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I have a Good id to legally fight Remote ID


Folks,

How about this: It is clear to anyone, from historical evidence and technical knowledge, that flying full scale aircraft below 200 feet altitude (or name your altitude if you want...80ft for trees) is highly unsafe because of terrain and bird activity. Therefore, FAA, at the FEDERAL level, DOES NOT HAVE THE JURISDICTION to restrict use of UAS below 200ft (or whatever number you want to argue where the national air space begins). Below this value, the STATES have authority to create local laws restricting UAS activity for purposes of protecting public safety.

Thoughts??? There was a lawyer that originally overturned the registration requirement. I'd love to know their thoughts on this. Obviously the goverment would fight hard in court but I am pretty confident that I am correct. FAA's authority stems from full scale aviation; the definition of the altitude at which that ends has only been liberally defined by FAA as 0 ft everywhere over the Continental US and beyond. Why should FAA govern activity by a what is legally permissible by a Land Owner 10 inches over HIS private Land?? Doesn't that sort of scream Unconstitutional??

I also think there is a strong case to be made that Remote ID should not be needed for Line of Sight UAS and certainly Fixed Wing Line of Sight UAS. Reasoning: the demonstrable threat to public safety from Line of Sight UAS is essentially zero, and the infringement on personal Liberty/Freedom therefore outweighs any benefit to public safety from restriction of Line of Sight UAS.

Thoughts??

Andrew
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Jan 13, 2020, 10:45 AM
Multirotors are models too!
Commercial drones will most definitely be flying below 400' and likely below 200' as well. THAT is the issue. Commercial delivery drone companies want that space CLEAR of recreational users, or have those users ID so they know where to avoid.....
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Jan 13, 2020, 02:11 PM
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I've mentioned this before but it seems relevant; Look into the United States VS Causby. The Court established in that case that the Federal government does not possess or control the airspace all the way to ground level on private property. Therefore as I see it the FAA is infringing on property rights by asserting authority over what we fly below 365' over our privately owned land. I may be mistaken but to date I've seen nothing from the FAA regarding the precedent set by this case and as such I think it presents an opportunity to score a small victory against the impending draconian requirements they seek to impose on us.
Jan 13, 2020, 04:26 PM
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Quote:
Originally Posted by Rusty105
Commercial drones will most definitely be flying below 400' and likely below 200' as well. THAT is the issue. Commercial delivery drone companies want that space CLEAR of recreational users, or have those users ID so they know where to avoid.....
And they better stay clear of my recreational flying...

Lets force the commercial delivery drone guys and their moronic fast food packages where they belong, the roads...
Jan 14, 2020, 08:18 AM
Multirotors are models too!
Quote:
Originally Posted by Thermal Hobby
And they better stay clear of my recreational flying...

Lets force the commercial delivery drone guys and their moronic fast food packages where they belong, the roads...
In an all out slug fest in court, you will have long run out of money before it even becomes a mention in their budget
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Jan 14, 2020, 08:26 AM
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Quote:
Originally Posted by Rusty105
In an all out slug fest in court, you will have long run out of money before it even becomes a mention in their budget
When the general public understands what's going on, they will raise enough ruckus to create problems. If they are very concerned about the Colorado thing, despite no evidence, just wait for the great commercial drone invasion and their "Humanitarian Benefits" ...what a load of PR Bunk.,
Jan 14, 2020, 08:35 AM
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Besides, with all the provisions in the nprm, I expect there to be lots of law suits in the works from many different organizations.
Jan 14, 2020, 06:04 PM
Genius man
denis747's Avatar
I hope commercial drone delivery fails.
Jan 15, 2020, 08:44 AM
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As much as I'm not a fan of them where is the ACLU ????? What are free flight modelers going to have to do??? what about model rocketry?????
Jan 15, 2020, 10:39 AM
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What about the simple fact that government surveillance without consent is against federal law
Jan 15, 2020, 12:42 PM
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Nergall's Avatar
If the FAA had unhindered authority down to ground level, they could start regulating how high I grow a tree.

However, I suspect if you are flying anywhere near a tree, on private property and below the height of that tree, then I don't see how the FAA would have any ability at all to enforce this? That is so clearly not the general air space.
Jan 15, 2020, 01:24 PM
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Quote:
Originally Posted by Nergall
If the FAA had unhindered authority down to ground level, they could start regulating how high I grow a tree.

However, I suspect if you are flying anywhere near a tree, on private property and below the height of that tree, then I don't see how the FAA would have any ability at all to enforce this? That is so clearly not the general air space.
This is exactly what I keep thinking about. Not only has legal precedent already been established that the feds do not "possess" airspace to ground level on private property... but also if the FAA truly claims to have authority to ground level then it means every hurled stone and falling leaf falls within their purview. And what of every tree and flagpole and rooftop?

My expectations are low but in my comments to both the FAA and my representative I intend to highlight this point. I would like to see the FAA forced to recognize the existing legal precedent (however they choose to interpret or misinterpret it...) and either double down on their absurd claim to *all* airspace, or to acknowledge that there are limits to their authority.

Ultimately though I do believe those of us lucky enough to have private land to fly over can feel fairly comfortable flying without rID and even registration...because frankly can you imagine how the FAA would look prosecuting say, an unregistered slow stick pilot flying circles in his backyard? It would be an embarrassment...and an opportunity for the public to see the heavy-handed infringement on our property rights.
Jan 15, 2020, 01:41 PM
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GSXR1000's Avatar
Quote:
Originally Posted by denis747
I hope commercial drone delivery fails.
I think fully autonomous urban drone delivery will fail. There are to many environmental factors , that are beyond their control, I see power line collisions and collisions with other structures as the main issue.

But rural delivery from a central location may succeed slightly, like Alaska.
Jan 15, 2020, 06:31 PM
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Nietzsche's Avatar
Yeah prohibition of model flight over my property, is really getting caught in my throat. However, another concern is the reasoning behind it all. If the FAA wants the airspace clear for the commercial industry, does this mean we're going to be listening to angry bees day after day? That would prevent people from enjoying peace & quiet inside & outside of their house. If you bought property in the country having UAS flying over head everyday would be annoying. I know aircraft fly over head but they're at altitude by the time they reach country side & from the anticipation of the UAS industry in the next 5 years, the numbers of UAS in use would mean about 10 times the amount of UAS flying overhead versus aircraft.

what about the birds, their populations, birds or prey, is there anything on the effects UAS on such a scale might have on nature?
Jan 15, 2020, 07:28 PM
Registered User
Now what about a delivery drone loosing a prop and crashing on you, they can't exactly coast un powered down like a glider.

Right on top of your head or pet or kids head it will go.


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