4 ms·

There are plenty of other ways to indirectly ban something

WrtCdEvrydy 4y ago
The FAA owns the sky. As long as they deemed the risk of property damage, injury and loss of life was properly mitigated to aircraft and people on the ground, and the operation was performed within the constraints of the waiver they have the ultimate power here... however nothing here is being done in the shadows. Part 107 (commercial drone operations) waivers are available publicly and can be searched online at https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued/ https://www.faa.gov/uas/commercial_operators/part_107_waiver.... The waiver for drone swarms will be waiving the drone swarm requirement under "107.35 – Operation of Multiple Small UAS" so you can search there to find who was given the waiver and their contact information.
- colechristensen 4y ago
  I bet you could ban an aspect of a stunt like this not related to flight, like advertising without a permit or something along those lines. Has anything like this been tested in court?
  - WrtCdEvrydy 4y ago
    The FAA won't ban something unless there's a safety component. Light is covered under the FDA (surprisingly) and there's an interest Defcon talk about jamming Lidar guns (https://www.youtube.com/watch?v=vQtLms02PFM https://www.youtube.com/watch?v=vQtLms02PFM). If you made the argument to the FDA that the lights from the drones are a safety issue... it could be done.
    - colechristensen 4y ago
      Presumably the city could enact an ordinance banning and fining an organization for an areal stunt regardless of if the FAA approves. Of course a city can’t make laws to alter how a federal agency regulates something, but that doesn’t ban there aren’t other avenues.
      - WrtCdEvrydy 4y ago
        Flying aircraft in formation is gonna be hard to argue as a hazard... honestly the "light polution" argument would probably be the best one.
- 6stringmerc 4y ago
  Show me where in your charter it says the FAA owns the sky - it ain’t fucking there so stop writing.
  - USA-RedDragon 4y ago
    49 U.S. Code § 40103 (1)The United States Government has exclusive sovereignty of airspace of the United States. https://www.law.cornell.edu/uscode/text/49/40103#:~:text=49%20U.S.%20Code%20%C2%A7%2040103%20%2D%20Sovereignty%20and%20use%20of%20airspace,-U.S.%20Code&text=The%20United%20States%20Government%20has,airspace%20of%20the%20United%20States https://www.law.cornell.edu/uscode/text/49/40103#:~:text=49%...
    - WrtCdEvrydy 4y ago
      > every citizen of the United States has “a public right of freedom of transit in air commerce through the navigable air space of the United States.” 49 U.S.C. § 403 (1940) (current version at 49 U.S.C. § 1304 (1976)). I will also add this one as well... as a citizen you have the right to transit in air commerce through the airspace so long as your actions do not cause risk to property or people.
      - 6stringmerc 4y ago
        Part 91 means I can fly whenever the fuck I want and the FAA has no authority. That’s the complete opposite of ownership. So I’m right. Say it.
        WrtCdEvrydy 4y ago
        https://www.ecfr.gov/current/title-14/part-91 https://www.ecfr.gov/current/title-14/part-91 > Note: The following procedures do not relieve the pilot from see-and-avoid responsibility or compliance with FAR 91.119. Plenty of things that you must follow.
        6stringmerc 4y ago

The FAA owns the sky. As long as they deemed the risk of property damage, injury and loss of life was properly mitigated to aircraft and people on the ground, and the operation was performed within the constraints of the waiver they have the ultimate power here... however nothing here is being done in the shadows. Part 107 (commercial drone operations) waivers are available publicly and can be searched online at https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued/ https://www.faa.gov/uas/commercial_operators/part_107_waiver.... The waiver for drone swarms will be waiving the drone swarm requirement under "107.35 – Operation of Multiple Small UAS" so you can search there to find who was given the waiver and their contact information.

colechristensen 4y ago
I bet you could ban an aspect of a stunt like this not related to flight, like advertising without a permit or something along those lines. Has anything like this been tested in court?
- WrtCdEvrydy 4y ago
  The FAA won't ban something unless there's a safety component. Light is covered under the FDA (surprisingly) and there's an interest Defcon talk about jamming Lidar guns (https://www.youtube.com/watch?v=vQtLms02PFM https://www.youtube.com/watch?v=vQtLms02PFM). If you made the argument to the FDA that the lights from the drones are a safety issue... it could be done.
  - colechristensen 4y ago
    Presumably the city could enact an ordinance banning and fining an organization for an areal stunt regardless of if the FAA approves. Of course a city can’t make laws to alter how a federal agency regulates something, but that doesn’t ban there aren’t other avenues.
    - WrtCdEvrydy 4y ago
      Flying aircraft in formation is gonna be hard to argue as a hazard... honestly the "light polution" argument would probably be the best one.
6stringmerc 4y ago
Show me where in your charter it says the FAA owns the sky - it ain’t fucking there so stop writing.
- USA-RedDragon 4y ago
  49 U.S. Code § 40103 (1)The United States Government has exclusive sovereignty of airspace of the United States. https://www.law.cornell.edu/uscode/text/49/40103#:~:text=49%20U.S.%20Code%20%C2%A7%2040103%20%2D%20Sovereignty%20and%20use%20of%20airspace,-U.S.%20Code&text=The%20United%20States%20Government%20has,airspace%20of%20the%20United%20States https://www.law.cornell.edu/uscode/text/49/40103#:~:text=49%...
  - WrtCdEvrydy 4y ago
    > every citizen of the United States has “a public right of freedom of transit in air commerce through the navigable air space of the United States.” 49 U.S.C. § 403 (1940) (current version at 49 U.S.C. § 1304 (1976)). I will also add this one as well... as a citizen you have the right to transit in air commerce through the airspace so long as your actions do not cause risk to property or people.
    - 6stringmerc 4y ago
      Part 91 means I can fly whenever the fuck I want and the FAA has no authority. That’s the complete opposite of ownership. So I’m right. Say it.
      - WrtCdEvrydy 4y ago
        https://www.ecfr.gov/current/title-14/part-91 https://www.ecfr.gov/current/title-14/part-91 > Note: The following procedures do not relieve the pilot from see-and-avoid responsibility or compliance with FAR 91.119. Plenty of things that you must follow.
        6stringmerc 4y ago