Special thanks to Jeff Noreman for the cover image ©Noreman Media Creations, instagram/jeffsdronephotography
New York City has finally decided to tackle the long standing interpretation of the 1948 Avigation law prohibiting “any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.” And since drones are defined as aircraft by the NTSB and FAA, the City Fathers saw fit to include them in that interpretation. Thus creating what basically made all five boroughs of NYC a No Drone Zone.
But don’t break out the fireworks and sparklers yet. The new proposal, although setting forth a path for approval, is so onerous as to still keep NYC as a No Drone Zone. We need to unite as an industry and reach out. NYC is allowing comments to be submitted until July 7th, and if you’re in the area, you can go to the meeting in person. Read on for details.
“I never fly in New York City, and I never plan to, so this doesn’t affect me”
This could not be further from the truth. Cities and states all talk with each other when they are promulgating rules. They check in with each other, or at the very least look at other cities when they’re working on their own laws. And NYC is king of the walk when it comes to setting precedent in many areas. So even if you don’t ever plan on being in NYC with your drone, this most certainly can affect you in ways you just don’t want.
We as an industry, whether recreational or commercial, are faced with a daunting prospect of a proposed set of rules that would basically put a drone ban into place via regulation instead of the warped interpretation of the 1940s avigation law. Each one of us need to sit down and leave a comment. This law will basically make flying a drone in any of the boroughs of NYC illegal. It’s tantamount to putting the 1948 avigation law into actual law.
If this passes as written, it will cement NYC’s apparent desire to never have drones in their any of their 5 boroughs. And if NYC does that, your city may join those ranks.
As with all correspondences to elected officials, be professional and personable. Use personal stories and make each and every one individual in nature. Do not copy and paste. It’s a pointless argument. Your concerns will be dismissed.
Also, this is not an FAA preemption issue. These rules, if passed as written, are a set of ground based rules, and not subject to preemption by the federal government. If you do use that as an excuse, you’ll lose all credibility, even if you make good points in other parts of your comment.
Make sure you understand the complexity of the proposal. Hopefully this article is going to help you out with that. If you have any further questions, please don’t hesitate to reach out to either Vic or Kenji. You have until July 7th to comment. If you find yourself in NYC on July 7th, you can also sign up to comment in person.
When you’re ready, you can submit comments here: https://rules.cityofnewyork.us/rule/applications-to-launch-or-land-an-unmanned-aircraft-including-a-drone/
If you want to email your comments: NYCRules@nypd.org
If you want to sign up to talk at the meeting on July 7th, you can sign up before the hearing by calling 646- 610-5400 and asking for Melanie Braverman or by emailing your name and affiliation NYCRules@nypd.org by June 30, 2023.
© Rupert Finnigan with “Jersey Droners”.
Point by point section and counterargument.
Section:
~§ 24-03 Applications.
(a) An application for a permit to take-off or land an unmanned aircraft within New York City must be submitted to the Department at least thirty days (30) prior to the proposed date of take-off or landing.
Counterpoint
~A 30 day notice is completely unreasonable for any drone flight except those undertaken by large budget movie or commercial productions. At best, we usually have 1 or 2 weeks notice from clients.
And what about weather delays. There is no process for changing an approved flight in case of weather or other delays.
There is also no mention of how long the city has to approve it. What happens if they disapprove it 29 days after you submit it? They told you “No” one day before the flight.
Section:
~§ 24-03 Applications.
(b) Such application must be filed in a form and manner as prescribed on the Department’s website. Applications must contain:
(1)-(15)
Counterpoint:
~Much of what is required by this proposed permit process will be part of RID once it’s implemented on 9/16/23. And it gives even a bit more information.
It does not give pilot name and/or phone number, but that information is easily obtained by responding LEOs if necessary from the FAA.
Under Standard RID, it even goes further and gives GPS pilot location elevation. That way responding LEOs will have the approximate location of the operator if they’re on a balcony or rooftop.
Some of the information is good to have (insurance, registration, etc.). But this isn’t the process for requesting that info.
Again, no timeline for approval, but there is a process for appeal of the disapproval. But there is no timeline for the appeal to be heard.
Section:
§ 24-03 Applications.
(d) A non-refundable fee of $150.00 shall accompany the application. The applicant shall pay such fee in a manner prescribed on the Department’s website.
Counterpoint:
Again, this makes the proposal onerous to the point of useless for the vast majority of drone owners wishing to operate and/or fly in NYC under recreational rules. This is PER application, and each application if flight and location specific. So every recreational or commercial drone flight in NYC will be $150 more expensive to the client (if commercial) or the hobbyists (if recreational).
This is likely an attempt by NYC to make sure no one ever actually applies fort the permit unless it’s a huge financial gain for the city. And for a large production, this is just a drop in the bucket of the cost to put that production together.
© Rupert Finnigan with “Jersey Droners”.
Section:
~§ 24-05 Permit Conditions.
(e) permittee must give 48 hour notice to “each community board for the community district or districts where the unmanned aircraft is anticipated to capture or transmit still images, audio, or video, and each member of the City Council for the council district or districts…”
That notice must include:
“(i) An unmanned aircraft capturing or transmitting video, still images, or audio will be utilized in their district;
(ii) The take-off or landing site designated on the permit, the date and time of the take-off of the unmanned aircraft, the date and time of the landing of the unmanned aircraft, and the expected duration of the operation of the unmanned aircraft; and
(iii) The applicant’s contact information, including the name and telephone number of a representative of the applicant that persons may contact with questions or concerns relating to the operation of the unmanned aircraft;…”
Additionally, the permittee must post “notices within any area where the unmanned aircraft is anticipated to capture or transmit still images, audio, or video that advise businesses and residents that an unmanned aircraft capturing or transmitting video, still images, or audio will be utilized in the area, and that set forth the take-off and landing site, the date and time of the take-off and landing of the unmanned aircraft, the expected duration of the operation of the unmanned aircraft, and the name and telephone number of a representative of the applicant…”
Counterpoint:
This section is beyond the scope of reality. Which bureaucrat came up with this silliness? Obviously it was written by one with little to no knowledge of our industry for sure.
If any drone operation were to follow this part of the process, it would require a person to be dedicated to the process. And it would add additional costs to the business in question.
And you can just flat out forget flying recreationally under these conditions. NYC obviously does not want the recreational operators to enjoy their fair city at all.
Section:
~§ 24-07 Penalties.
First offense is $250, second in a calendar year is $500, with the third and subsequent being $1000.
Counterpoint:
~If you’re only planning on flying once or twice a year, just pay the fine. It’s certainly cheaper and way less hassle for sure.
Strongly suggest to the commission that they shelve this proposal, and work with all industry stakeholders to come up with a better set of rules that would not only keep the city safe from reckless drone flights, but also provide a reasonable path for those with the skill set and mindset to safely operate in the 5 boroughs of NYC.
Also, don’t forget to mention Remote ID. Much of the information NYPD wants to be able to found on any RID app. Law Enforcement Officers will be able to find the drone, and the operator. The only thing that won’t be able to find the name and contact info directly from the apps, but they can get all of them information from the FAA if they have cause.
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