FAA vs Los Angeles?

[Soularstorm]

49 US Code 44809 (a) (iii) states:
(3)The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

LA Municipal Code Section 56.31 states:
No Person shall operate any Model Aircraft within the City of Los Angeles beyond the visual line of sight of the person operating the Model Aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the Model Aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight.

These 2 codes are in opposition to each other! Soooo, is LA intending that FPV piloting is completely outlawed? There's no way to comply with that LA ordinance if flying FPV. Curious if anyone has any thoughts on this

Thanks!

 

[Texas Red]

49 US Code 44809 (a) (iii) states:
(3)The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

LA Municipal Code Section 56.31 states:
No Person shall operate any Model Aircraft within the City of Los Angeles beyond the visual line of sight of the person operating the Model Aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the Model Aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight.

These 2 codes are in opposition to each other! Soooo, is LA intending that FPV piloting is completely outlawed? There's no way to comply with that LA ordinance if flying FPV. Curious if anyone has any thoughts on this

Thanks!

So. What’s your point.

 

[akdrone]

A lot of municipalities make laws that try to supersede a federal law. It rarely works. When local laws and fed laws conflict the local law is most often struck down. The problem comes when you are arrested or fined for such a local law. It's often cheaper (by far) to pay than hire a lawyer and fight.

 

[Texas Red]

A lot of municipalities make laws that try to supersede a federal law. It rarely works. When local laws and fed laws conflict the local law is most often struck down. The problem comes when you are arrested or fined for such a local law. It's often cheaper (by far) to pay than hire a lawyer and fight.

When’s the last time they took you to court for flying your drone?

 

[Texas Red]

Stop looking for problems and go fly

 

[akdrone]

When’s the last time they took you to court for flying your drone?

I'm just speaking in generalities but in terms of drones there have been municipalities that have enacted "no drone" laws that have prevented people from flying here or there in spite of the fact that they can't do so given the FAA control of the air. I've read more than one account of drone pilots having to pack up and leave because of such laws which ultimately get struck down. The same legal theory applies beyond the drone world when local law and federal law conflict. If you were stopped by a police officer and told you can't fly your FPV (not imaginable given that law) then "you" would have that same choice. Walk away or not....get a ticket...or not...fight it in court or not... Since this issue is not actually about airspace I have no idea if it would be upheld...IANAL .

 

[akdrone]

Fake news guy. I could come up with hundreds of potential issues. Do you get out of the house much

You ask "What's your point?" of the OP. Do you not read? The point was to ask a question, not to make a point.
I respond with what to me is a reasonable comment and you say "get a life and go fly". Was there some reason for that needlessly rude reply?
Fake news? How is the question by the OP fake news? I normally only here that term applied by right wing politicians that don't like hearing the truth. How does "fake news" even apply here?? Dunno whether the OP gets out much but I tend to get out fairly often. Here's an FPV for the OP shot where there's no worry about an L.A. cop stopping a pilot.

 

[Texas Red]

You can state no facts just speculation

Fake

 

[Dan]

You can state no facts just speculation

Fake

Don't see how speculation can be fake. I can speculate that you don't actually know the meaning of the word. Is that fake?

 

[Texas Red]

What’s your point! Get a YouTube channel

 

[Dan]

My point is that calling anything other than falsehoods presented as facts "fake" is misunderstanding the meaning of the word.
I have a YT channel. What's that got to do with this discussion? Do you not understand that either?

 

[GFields]

If the incivility continues, this thread will be closed. I have removed many rude and off-topic posts

 

[Soularstorm]

Thanks all!

Lol I guess there’s always going to be trolls, oh well no worries I’ll just ignore those replies.

What’s interesting to me is that the municipal code does refer to actions that take place on the ground and not in the sky, so legally it’s kind of a gray area.

I doubt it’s enforceable, but like @akdrone mentioned, would probably be easier / cheaper to pay a fine than fight it in court.

For anyone’s that’s following along, I’ve reached out to the FAA who referred me to the city; I’ve reached out the City of LA who referred me to their attorney’s office. I’m waiting to hear back from them.

Regardless of the outcome, I’m interested to clarify the intention of the ordinance, and maybe even have them change it. That would be awesome to have that effect, but I’m not holding my breath haha

Cheers and Happy New Year!

 

[Soularstorm]

You ask "What's your point?" of the OP. Do you not read? The point was to ask a question, not to make a point.
I respond with what to me is a reasonable comment and you say "get a life and go fly". Was there some reason for that needlessly rude reply?
Fake news? How is the question by the OP fake news? I normally only here that term applied by right wing politicians that don't like hearing the truth. How does "fake news" even apply here?? Dunno whether the OP gets out much but I tend to get out fairly often. Here's an FPV for the OP shot where there's no worry about an L.A. cop stopping a pilot.

Wow, beautiful! That looks like a super fun place to fly, definitely a little out of LAPD jurisdiction