Four reasons why it’s nearly impossible to fly a drone in New York City
Feb 6, 2019
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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New York is a beautiful, lively city full of photographic opportunities. However, it can be a nightmare for drone pilots. In this video, documentary filmmaker Griffin Hammond explains why it’s nearly impossible and mostly illegal to fly a drone in New York City.
Griffin has obtained the FAA’s Part 107 certification which makes him a professional drone pilot. This allows him to fly in some locations where hobbyists aren’t allowed. However, even for him, the answer to the question “Can I fly here?” is still complicated. As he explains, when you want to fly a drone, this one question is actually a set of four questions:
- Are you following FAA Part 107 rules?
- Can you take off and land from this property?
- Are you cleared for this airspace?
- Are there any local laws prohibiting you from flying?
Unfortunately, in most of NYC, you’d fail all four of the above.
First, FAA Part 107 says that you can’t fly over people unless those people are operating the drone. New York City is the most densely populated place in the U.S., so you’ll have a hard time finding a path that doesn’t fly over at least one person.
Sure, you can always go to a park, find some open space, right? Well, not exactly. NYC parks have their own regulations which prohibit aircraft. You’re not allowed to take off or land on NYC park property. But what about if you take off or land somewhere else and just fly over a park? In theory, you might – but this is where you need to check the airspace maps, which brings you yet another problem.
Most of NYC is a controlled Class B airspace because of the airports. To fly within these areas, you need an FAA authorization. You can request it, though, if you are a certified pilot. But, you can’t fly in Mid-town Manhattan due to temporary flight restriction over Trump Tower.
Okay, but what if you find an open space without people, in an area that doesn’t require an FAA authorization, and a property owner who will let you fly above their property. Can you fly there? Apparently, no. According to NYC.gov, drones are not permitted to fly in New York City and if you see one, you should call 911. However, it’s not clear what the fines are if you fly a drone safely and within regulations. So far, the people who have got in trouble for flying a drone were those who crashed it and caused damage or endangered others. And this fine is $2,200, Griffin notes.
All this kinda sucks, doesn’t it? Still, there some exceptions: five places where you can fly your drone in New York City. They are five parks that have designated model aircraft fields:
- Calvert Vaux Park in Brooklyn
- Marine Park in Brooklyn
- Flushing Meadows Corona Park in Queens
- Forest Park in Queens
- La Tourette Park (Greenbelt) on Staten Island
The two in Brooklyn require a paid membership, but hey, I guess it’s worth it if you want to avoid any potential legal trouble.
[Why it’s (mostly) illegal to drone in NYC via ISO 1200]
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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7 responses to “Four reasons why it’s nearly impossible to fly a drone in New York City”
Hmmmm, they keep getting hit by Spiderman, or other super heroes, out on patrol? :)
The rules only apply to DJI Type Drones (Camera or video if you like) as I know plenty of FPV Pilots who will fly drones anywhere around NYC. Usually out of business and pedestrian hours to minimise the risk.
I found the part on NYC’s website stating drones are illegal to fly in the city, but couldn’t find any language stating it was legal to fly in those 5 parks. Do you have a citation for that claim?
what about flying under the bridges near the water where there is less people and you are flying over the river? Is that illegal?
We charter production barges or boats to access NYC airspace legally. We also fly indoors at MSG for live events and pro sports.
NYC Administrative Code
10-126 Avigation in and over the city.
a. Definitions. When used in this section the following words or terms shall mean or include:
1. “Aircraft.” Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.
2. “Place of landing.” Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.
3. “Limits of the city.” The water, waterways and land under the jurisdiction of the city and the air space above same.
4. “Avigate.” To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.
5. “Congested area.” Any land terrain within the limits of the city.
6. “Person.” A natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
b. Parachuting. It shall be unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city except in the event of imminent danger or while under official orders of any branch of the military service.
c. Take offs and landings. It shall be unlawful for 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.
d. Advertising.
1. It shall be unlawful for any person to use, suffer or permit to be used advertising in the form of towing banners from or upon an aircraft over the limits of the city, or to drop advertising matter in the form of pamphlets, circulars, or other objects from an aircraft over the limits of the city, or to use a loud speaker or other sound device for advertising from an aircraft over the limits of the city. Any person who employs another to avigate an aircraft for advertising in violation of this subdivision shall be guilty of a violation hereof.
2. Any person who employs, procures or induces another to operate, avigate, lend, lease or donate any aircraft as defined in this section for the purpose of advertising in violation of this subdivision shall be guilty of a violation hereof.
3. The use of the name of any person or of any proprietor, vendor or exhibitor in connection with such advertising shall be presumptive evidence that such advertising was conducted with his or her knowledge and consent.
e. Dangerous or reckless operation or avigation. It shall be unlawful for any person to operate or avigate an aircraft either on the ground, on the water or in the air within the limits of the city while under the influence of intoxicating liquor, narcotics or other habit-forming drugs, or to operate or avigate an aircraft in a careless or reckless manner so as to endanger life or property of another. In any proceeding or action charging careless or reckless operation or avigation of aircraft in violation of this section, the court, in determining whether the operation or avigation was careless or reckless, shall consider the standards for safe operation or avigation of aircraft prescribed by federal statutes or regulations governing aeronautics.
f. Air traffic rules. It shall be unlawful for any person to navigate an aircraft within the limits of the city in any manner prohibited by any provision of, or contrary to the rules and regulations of, the federal aviation administration.
g. Reports. It shall be unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within the limits of the city or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved.
h. Rules and regulations. The police commissioner is authorized to make such rules and regulations as the commissioner may deem necessary to enforce the provisions of this section.
i. Violations. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
Wow, received something new knowledge