RCU Forums - View Single Post - FAA fine against drone photographer dismissed.
Old 04-12-2014, 04:37 PM
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Propworn
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Originally Posted by bradpaul
You want to clarify this post?



A state, county or local government has the power to regulate RC. they always have, where you can fly, time you can fly, amount of noise, safety requirements, and even if you can fly over people or structures. They can pass a law and the police can enforce it.
No question about it here we deal with three levels of government and all can make the rules or laws. These are municipal, provincial and federal in Canada. I would suspect in the US it is municipal, state and federal. Now I am only offering my opinion here I am not positive about the relationships or overlaps but this is how it appears to me from casual observation.

Municipalities are concerned about liability so I have found their reaction seems to be banning everything that might cause harm if operated on property they are responsible for. They don’t care to concern themselves with air regs it’s not their jurisdiction.

State or Provincial authorities have much the same interests and responsibilities outside municipal boundaries. Again not too much interest in the air regs.

The feds could care less if a municipality or rural area has laws on the books against flying rc aircraft from farms, fields or municipalities. The concern they seem to focus on is safety in all airspace and regulation of commercial operations in the same.

Each level can and does make regulation and law to accomplish the goal they determine is in their best interest.

Investigations of all kinds have been kicked up from municipal police to state/provincial and from there have many times been bumped to the federal level. Most of the time it’s the municipal police officer that was at the scene but it never stops the feds even though they were never there to lay charges if they feel it’s within their jurisdiction. Why would it be any different with the FAA/Transport Canada?

Dennis