In the past few weeks, the Cape Charles Mirror has received these messages:
“What is with the drones at the beach…and I saw it around town? Is it videotaping?”
“I did not know what it was…my wife told me it was a drone…having to endure a boat plane on the beach, and now this…”
“This ordinance (a drone ordinance) is much-needed in Cape Charles. We were at the public beach on Sunday when a drone was hovering above videotaping sunbathers.”
With more and more drones being operated by private citizens, the question becomes, how intrusive are they, and is their presence a violation of privacy? Does Cape Charles need to take a closer look at drone operations not only at the beach, but also in and around town? The Town of Bethany Beach recently passed new ordinances as a way to enforce safer and less obtrusive usage of drones.
The FAA has passed new rules for drones, which could be used to craft a Town ordinance. The new rules include:
* They must weigh less than 55 pounds.
* The remote pilot must maintain a visual line of sight of the drone at all times.
* Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.
* Daylight only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
* Must yield right of way to other aircraft.
* May use visual observer, but not required.
* First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.
* Maximum groundspeed of 100 mph (87 knots).
* Maximum altitude of 400 feet above ground level or, if higher than 400 feet AGL, remain within 400 feet of a structure.
* Minimum weather visibility of 3 miles from control station.
* No operations from a moving aircraft.
* No operations from a moving vehicle unless the operation is over a sparsely populated area.
* No careless or reckless operations.
* No carriage of hazardous materials.
* A person operating a drone must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of a person who holds a remote pilot certificate (remote pilot in command).
What the new FAA guidelines do not address are privacy and information gathering. Non-commercial drone users might fly over the beach, your backyard or anywhere else they want to see.
With drones flying over the beach and around town, are they using apps that are tracking our every move, as well as collecting personal and sensitive data? There should be a reasonable expectation of privacy (the Town ordinance does cover that), so it shouldn’t matter how the privacy was violated, whether it is done physically, or remotely.
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Maybe Cape Charles could have drones operated by backyard chickens patrolling the beach in lieu of lifeguards.
Hopefully that would free up resources and manpower to install some basketball hoops.
Editor’s Note: 🙂
What Cape Charles really needs is a subway system to cut down on the golf cart congestion.
Editor’s Note: Dr. Giese, thank you for first true and accurate comment we have received in some time. And yes, we agree.
I have a my drone register with the FAA (which is the law now). Whomever was flying that drone should not have been. Not sure why the town would need a Drone Ordinance considering the federal laws… I would report the individual to the FAA (via email at UAShelp@faa.gov or call 844-FLY-MY-UAS)
• Unmanned aircraft must weigh less than 55 lbs. (25 kg).
• Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the small UAS. Alternatively, the unmanned aircraft must remain within VLOS of the visual observer.
• At all times the small unmanned aircraft must remain close enough to the remote pilot in command and the person manipulating the flight controls of the small UAS for those people to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.
(You left this one off)
• Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.
• Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
• Must yield right of way to other aircraft.
• May use visual observer (VO) but not required.
• First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways. • Maximum groundspeed of 100 mph (87 knots).
• Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure.
• Minimum weather visibility of 3 miles from control station.
• Operations in Class B, C, D and E airspace are allowed with the required ATC permission.
• Operations in Class G airspace are allowed without ATC permission.
• No person may act as a remote pilot in command or VO for more than one unmanned aircraft operation at one time.
• No operations from a moving aircraft.
• No operations from a moving vehicle unless the operation is over a sparsely populated area.
• No careless or reckless operations.
• No carriage of hazardous materials.
• Requires preflight inspection by the remote pilot in command.
• A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.
• Foreign-registered small unmanned aircraft are allowed to operate under part 107 if they satisfy the requirements of part 375.
• External load operations are allowed if the object being carried by the unmanned aircraft is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft.
• Transportation of property for compensation or hire allowed provided that-
o The aircraft, including its attached systems, payload and cargo weigh less than 55 pounds total;
o The flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and
o The flight occurs wholly within the bounds of a State and does not involve transport between (1) Hawaii and another place in Hawaii through airspace outside Hawaii; (2) the District of Columbia and another place in the District of Columbia; or (3) a territory or possession of the United States and another place in the same territory or possession.
• Most of the restrictions discussed above are waivable if the applicant demonstrates that his or her operation can safely be conducted under the terms of a certificate of waiver.
Andy, Part 107 that was just released only applies to commercial drone users, not hobbyists. The person, even though might have bad judgement, they weren’t breaking a law. This is a direct quote from the FAA fact sheet. “The new rules for non-hobbyist small unmanned aircraft (UAS) operations – Part 107 of the Federal Aviation Regulations (PDF) – cover a broad spectrum of commercial uses for drones weighing less than 55 pounds. Here are the highlights of the new rule.”
In some cases one could claim reckless endangerment if the operator was endangering human life or disturbing the peace based on noise ordinances.
Hobbyists at this point have to only register their drone by law (if in the weight range). Otherwise everything else is a guidelines.
In addition, there are many toy drones that are small that don’t even fall under the registration requirements.
Drone passing over beach and people is legal according to FAA unless it is a restricted air zone like nearby airports.. However, sustained drone flights above people (hovering for long time) is not permitted. If the drone user can prove this by showing footage, then you have no base for a complaint. If people are concerned about privacy, do you think those millions of satellites above with the new Pancromatic cameras cannot see every inch of whoever at the beach? And do you think the camera of the laptop/phone sitting in your house is secure?
Drones have been getting quite the attention lately. As with all the hype, the tendency is fear mongering and knee jerk reactions to attempt to regulate a perceived issue. As a drone owner I typically fly at 350 feet above ground. My main focus, as I think most drone owners, is about the beautiful view of the water and town from that height. There is a business in town that uses an ultra light to fly and take photos. There are no regulations governing that yet everyone wants to prohibit a drone from doing the same. At the altitude I fly my drone, the objects such as people in a park or beach is the size of an ant. I couldn’t even tell you what color clothes someone might be wearing. I agree however that someone flying a drone at 50 feet or even at a 100 feet can create quite a noise and while I’m laying on the beach, I think that could be an invasion of privacy.
As to the regulations you posted in the article. That is a new part 107 that regulates commercial use of drones only. Those like me that fly strictly as a hobby, have to only register the drone and place the registration number on the craft. Other FAA guidance for hobbyists are guidelines, not law.
Certainly is anyone would like to see what video looks like at 350 to 400 feet in the air, I would be glad to share, but let’s not jump to any conclusions about why one is flying a drone. I have much better things to do with my time than to “spy” on residents.
Note: The drone encounters mentioned here occurred well below 350 feet, more like 25 feet. And the drone hovered over them in a most annoying fashion. As for part 107, Bethany Beach used those rules to craft a town ordinance to prohibit the type of behavior mentioned here, but not to ban drones in any way.
If anyone flies a drone over my property, they will never see their drone again. That’s a promise.
And you better check the pervert list to see who is flying the drone over the beach.
I’m with you ! Fly one near my property and they can kiss it good-bye ! LOL !!
Modern drones record footage also on the controller. if you shoot a drone and its in the footage of the user, they can use it against you for criminal prosecution. The incident also will trigger an FAA and police investigation at your premises. Moreover, you will have to pay them for a new one. I heard last year some clueless uneducated retard shot a US Airforce fighter plane in VA, which costs millions of dollars protecting the citizens.
Take a read on this Washington post article on property rights. Very controversial. What airspace if any do you own? If I’m flying by at 300 feet over your property and not just hovering there at 50 feet isn’t that different? Google maps shows very detailed maps of your property. Are they invading your property rights? https://www.washingtonpost.com/news/the-switch/wp/2016/01/13/you-may-be-powerless-to-stop-a-drone-from-hovering-over-your-own-yard/?wpisrc=nl_headlines&wpmm=1
There was a drone hovering over the dance floor at the Bayamo party. I found that intensely disturbing. Who is doing this?
Mr. Intensely Disturbed, you need a little perspective in your life. You found a little 3 pound drone “intensely disturbing” but you are ok with everyone getting half cocked at the beer truck then jumping in their 3000 pound suv’s and driving just feet from you! Personally, I was more “disturbed” with some of the dance moves out there!
And Andy, no need to start ratting out every supposed violation to the FAA, are you “Big Brother” now? I assume you call the cops every time you see someone exceeding 55 mph on route 13?
Note: Dear Mr. Too Afraid to Use Your Real Name, I let this slide, but in the future, please use your real name, and a valid email.
Unless the quadcopter in question was flying directly over people, I see no reason why Andy says the person shouldn’t be flying it. And the photo that was supplied shows a quad that was easily at 50 ft., not 25 above the ground. The quad in the photo was also over the dune, not ‘hovering’ over the lady that was being so classy. The photo shows nothing wrong being done, and if you can take that picture, where’s the one of it supposedly hovering directly over them? If there was a drone at the beach when a water emergency was happening, and it was used to help out, all you people moaning about it would be praising it for being there!!! There is no invasion of privacy, or even an expectation of privacy when you are at the beach, or in public in general nowadays, and to think that is ludicrous. Before your Big Brother paranoia sets in, maybe you should go to YouTube and look at videos of quads flying at 100 ft. and up to actually see how little detail can be made out. Now if a drone is being flown directly over people, or being flown recklessly, then yes, file a complaint with the FAA, but to suggest the town ban them from the beach is wrong.
Note: Thanks for once again the public service; it is critical for us to stay abreast of what the people who aren’t thinking are thinking.
And why has the article with Miss Classy in the photo disappeared? Could it be that it is hard for you and her to make a case for the drone hovering for a period of time above her when the only photo you show is of the drone doing nothing illegal? I would imagine that if someone was so concerned about their safety and privacy, they would have taken a photo of this drone in the act, instead of a photo of it taking pics or video of the dunes! And to imply that the couple that had been coming here for a few years is considering otherwise because of the drone is ridiculous. I’m quite sure there are a number of reasons (and none include the drone) as to why their thoughts have soured on Cape Charles as a vacation spot…they probably parked the wrong way and received a ticket for one! And one last thing since you apparently know nothing about drones in general. The drone in the deleted photo shows what looks like to be a DJI Inspire flying North over the dunes. That quadcopter’s camera, as well as the majority of others on the market can only move up and down, not felt to right. So the photo that you claimed was of a drone up to no good, was actually of a person flying their drone in a totally legal manner taking photos and/or video of the dunes! Let the paranoia of the uninformed begin…
Note: The photo was removed after complaints that it was offensive (which we agree); I’ll type this really sloooooow so you can get it, the account just said that it was “hovering” over folks trying to relax, not that it was illegal. It was just vulgar and stupid and annoying, which apparently is something many seem quite able to relate to. Thanks again for the public service you provide to the community.
Education is critical if one is to fully understand the legality of piloting a drone in todays environment. Currently, operating a drone falls under two categories: Recreational and Commercial. Most of the preceding comments relate to commercial drone operation with some spill-over into recreational flying.
The following information will, hopefully, clarify the differences between Recreational and Commercial Drone Operations and is take directly from FAA’s guidelines. Recreational Flyers are guided by USC 44809 and Commercial Drone Pilots fall under 14 CFR Part 107 rules.
In order to fly recreationally one must meet all of the rules under USC 44809. These rules are:
1. You have to take the Recreational UAS Safety Test (Trust)
2. You fly your drone for strictly recreational purposes.
3. You fly your drone using the rues of a Community Based Organization (CBO).
4. Your flying doesn’t interfere with and gives way to manned aircraft.
5. You fly your drone within visual line of sight.
6. You fly your frone no more than 400 feet above ground level (AGL).
7. You get authorization before flying in controlled airspace.
8. You have registered your drone if it weighs more than 250 grams (0.55 lbs).
9. You don’t fly dangerously or recklessly.
If you don’t meet all of the conditions above, then you are automatically flying your drone under Part 107 laws.
FAA recognizes all drones as aircraft and they will always fit into either Recreation or Commercial. Part 107 has been covered pretty extensively but not so much for the recreational flyer. I would encourage everyone to Google requirements for flying a drone recreationally or commercially. You will be amazed at the amount of information currently available. Get yourself educated and you will have a much better understanding of what is happening in our airspace.
I am in no way an expert but I am a drone pilot and I have been studying diligently for my upcoming Part 107 Exam on Jan 10th. I hope the information I provided was helpful. You can find much more detailed information on the FAA website.