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Utah House and Senate pass bill making it a Class B Misdemeanor to fly above 400 feet

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Utah House and Senate pass bill making it a Class B Misdemeanor to fly above 400 feet

Old 03-02-2017, 05:26 PM
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Warbird AL
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Default Utah House and Senate pass bill making it a Class B Misdemeanor to fly above 400 feet

Today the House passed senate bill 111 which effectively destroys large/giant scale airplanes in Utah by limiting us to 400 feet agl. This makes it a class B misdemeanor for if violated (after 1 written warning and 1 infraction).

Almost all of my hangar is large scale warbirds... then of course the 3D community, the aerobatic guys, the sail plane guys... sheesh.. I don't even know what to say...

304 (7) An individual may not operate an unmanned aircraft at an altitude that is higher
[HR][/HR]305 than 400 feet above ground level unless the unmanned aircraft:
306 (a) is flown within a 400-foot radius of a structure; and
307 (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
308 (8) (a) An individual who violates this section is liable for any damages that may result
309 from the violation.
310 (b) A law enforcement officer shall issue a written warning to an individual who
311 violates this section who has not previously received a written warning for a violation of this
312 section.
313 (c) Except as provided in Subsection (8)(d), an individual who violates this section
314 after receiving a written warning for a previous violation of this section is guilty of an
315 infraction.
316 (d) An individual who violates this section is guilty of a class B misdemeanor for each
317 conviction of a violation of this section after the individual is convicted of an infraction or a
318 misdemeanor for a previous violation of this section.
Old 03-02-2017, 06:53 PM
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Chris Nicastro
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If this is true and stays this way it sets a serious precedent for the rest of the country. There must be a lobby that is pushing for this to set the stage for commercial drone delivery and airspace control. I don't know but this is a big problem for us.
Old 03-02-2017, 07:04 PM
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Has nothing to do with any of that. It has to do with the fact that the FAA has set minimum altitudes that manned aircraft can fly and 400 feet is 100 feet below the minimum. This is another "Knee-Jerk" reaction to a problem that shouldn't have been a problem to begin with if the FAA, AMA and the elected officials had put their heads together and nipped the drone issue from the outset instead of waiting for the issue to snowball to what it is now
Old 03-02-2017, 07:29 PM
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Warbird AL
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Originally Posted by Chris Nicastro
If this is true and stays this way it sets a serious precedent for the rest of the country. There must be a lobby that is pushing for this to set the stage for commercial drone delivery and airspace control. I don't know but this is a big problem for us.
Unfortunately it is all too true...the above quote was taken directly from the Utah congressional records, this bill passed today and is currently on the governor's desk waiting to be signed. http://www.le.utah.gov/~2017/bills/static/SB0111.html
Old 03-02-2017, 07:32 PM
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Are they issuing the cops 400 foot tape measures?
Old 03-02-2017, 08:24 PM
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Originally Posted by radfordc
Are they issuing the cops 400 foot tape measures?
That was my thought, how are the LEOs supposed to know how high an aircraft is flying while standing on the ground? Range, viewing angles and varying aircraft sizes are going to make this law pretty much unenforceable by anyone and I see a Utah state supreme court, if not the US supreme court, case as the only possible result when someone gets fined for violating this law, if signed by the governor
Old 03-02-2017, 08:42 PM
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Not only that, but the FAA has made it clear that enforcement of the sky belongs to them.
Old 03-03-2017, 01:39 AM
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scale only 4 me
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texting and driving is against the law too,, know anyone who's gotten a ticket?

These laws are for lawyers during post accident civil litigation,, nothing more
Old 03-09-2017, 04:12 PM
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FYI - The Utah bill was just recently amended to change the wording so that it now isn't so hurtful to the hobbyist. The new wording states that to fly safe the operator must fly below the 400 foot threshold OR comply to locally supported safety guidelines.

"An individual who operates an unmanned aircraft system to fly an unmanned aircraft for recreational purposes shall comply with this section OR 14 C.F.R. Sec. 101"

In other words, If you are a member of a local club and/or AMA, you may use those guidelines for safe flying which includes a higher ceiling. If you are not a member of a local club or AMA then the state guidelines apply.

I was able to view a video of the senator when he introduced the amendment to allow the AMA rules and he came across very sheepishly and almost apologetically to the hobby community. He claimed it was an oversight. He also mentioned that the AMA was in agreement to this amendment. It sounded as though he had been contacted and that this contact prompted the change. It appears that the AMA got involved and helped correct a problem.

As of this writing the governor has not signed it. He probably will sign it because the bill also includes airport safety, law enforcement guidelines, voyeurism issues and unlawful recordings.

Happy flying above 400 feet.

KBP
Old 03-09-2017, 04:26 PM
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Awesome KBP, good to hear.. I had subscribed to the bill updates and was happy to see this. Gotta keep an eye on them thar politicians!
Old 03-13-2017, 05:57 AM
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The AMA had a letter writing campaign. I know that I sent a letter to you governor and sent the AMA link to my entire club to do so as well.
Old 03-13-2017, 07:23 AM
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The government relations team at work. Don't tell the AMA bashers
Old 03-13-2017, 01:03 PM
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Originally Posted by JeffH
The AMA had a letter writing campaign. I know that I sent a letter to you governor and sent the AMA link to my entire club to do so as well.
Thanks Jeff, and thanks to all who wrote in... and as a leo myself I was wondering how that was going to work...since I don't have a tape measure that long..would I have to turn myself in or write my own ticket
Old 03-13-2017, 01:30 PM
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Originally Posted by BarracudaHockey
The government relations team at work. Don't tell the AMA bashers
Franklin for sure will be crushed!
Old 03-14-2017, 10:44 AM
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Originally Posted by radfordc
Franklin for sure will be crushed!
Why would Franklin be crushed? Someone did something RIGHT for a change, be it the AMA powers that be or the local flyers, which the later seems more likely. If the AMA HQ actually had a hand in this, it might be a sign that they are finally smelling the crap going on somewhere besides Muncie, considering they did nothing in PA or FL
Old 03-14-2017, 01:18 PM
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Pretty hard to say they didn't do anything.

Because they didn't get the result they would have liked, doesn't mean they were out of the loop. Are you married? If you are or have been, you will know how that works
Old 03-14-2017, 04:16 PM
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Originally Posted by BarracudaHockey
The government relations team at work. Don't tell the AMA bashers
Originally Posted by radfordc
Franklin for sure will be crushed!
Even a blind squirrel finds a nut now and then... I doubt AMA has enough resources to play a state by state, county by county, city by city game of whack a mole. But that seems to be how they're spending the overwhelming majority of their time.
Old 03-14-2017, 04:21 PM
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Originally Posted by BarracudaHockey
Pretty hard to say they didn't do anything.

Because they didn't get the result they would have liked, doesn't mean they were out of the loop. Are you married? If you are or have been, you will know how that works

They didn't commit resources for the PA club. Government affairs list of activities doesn't show any engagement in that locality. As for Orlando, they show contacting the council members once, and the mayor twice - 7 total contacts. That doesn't seem like much effort.
Old 03-15-2017, 05:13 AM
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Originally Posted by franklin_m
Even a blind squirrel finds a nut now and then... I doubt AMA has enough resources to play a state by state, county by county, city by city game of whack a mole. But that seems to be how they're spending the overwhelming majority of their time.
They seem to have enough financial re$ource$ to be considering building or obtaining an INDOOR flying facility in Muncie.............

Astro
Old 03-15-2017, 07:07 AM
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Originally Posted by astrohog
They seem to have enough financial re$ource$ to be considering building or obtaining an INDOOR flying facility in Muncie.............

Astro

Not only the up front costs, but the yearly recurring costs. And from experience, I can say that heating and cooling hangars, even in a mild climate, is anything but cheap. So they're signing the organization up for this at a time when revenue is declining? Even EVP says open adult memberships are down, senior memberships are down, and the conversion rate on those free youth memberships is "extremely low."

Increasing the money going out at a time when the money coming in is going down seems like a very bad idea.
Old 03-15-2017, 11:12 AM
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Originally Posted by astrohog
They seem to have enough financial re$ource$ to be considering building or obtaining an INDOOR flying facility in Muncie.............

Astro
Darn good idea. Once the FAA finishes making rules it may be illegal to fly outdoors.
Old 03-15-2017, 11:41 AM
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Originally Posted by radfordc
Darn good idea. Once the FAA finishes making rules it may be illegal to fly outdoors.
Wouldn't it make sense, then, that the AMA direct its resources and work either WITH the FAA, or fight AGAINST the FAA to protect our flying priveleges?

Astro
Old 03-15-2017, 11:45 AM
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What do you guys think they have been doing??
Old 03-15-2017, 11:55 AM
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Originally Posted by BarracudaHockey
What do you guys think they have been doing??
Romancing the drones.

Anything short of retaining the flying priveleges (as we have known them) for its membership is a complete and utter FAIL!!!
Until our flying priveleges are safe, the AMA should not be sleeping or diverting their attention or our dues ANYWHERE else. Without our flying priveleges, there is no AMA.

Others may disagree, but this is one members' opinion.

Astro
Old 03-15-2017, 11:58 AM
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I don't see what privileges you have lost.

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