Fun, Learning, Friendship and Mutual Respect START  HERE


Unregistered
Go Back   HeliFreak > Multi Rotor Support > Multirotor Safety and ethics


Multirotor Safety and ethics General Multirotor Safety and proper flying ethical conduct


Reply
 
LinkBack Thread Tools Display Modes
Old 08-07-2015, 09:13 PM   #1 (permalink)
Registered Users
 

Join Date: Jul 2015
Default Is it illegal to fly my drone in Texas?

I was flying my QX3 with my GoPro attached around my neighborhood tonight and someone called the cops saying I was flying over their house (which I wasn't). Anyway, after the cops left I googled drone laws in Texas and found this new law that was passed. Here is what it says:

Sec.A423.003.AAOFFENSE: ILLEGAL USE OF UNMANNED AIRCRAFT TO CAPTURE IMAGE. (a) A person commits an offense if the person uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image.
(b)An offense under this section is a Class C misdemeanor.
(c)It is a defense to prosecution under this section that
the person destroyed the image:
(1)as soon as the person had knowledge that the image
was captured in violation of this section; and
(2)without disclosing, displaying, or distributing
the image to a third party.
(d)In this section, "intent" has the meaning assigned by
Section 6.03, Penal Code.

Complete Texas bill is http://www.legis.state.tx.us/tlodocs...pdf#navpanes=0

Other websites suggest that I can't fly at all without owners consent, like https://www.versustexas.com/criminal...laws-in-texas/

What is everyones take on this? I am breaking the law flying my drone with my GoPro in my neighborhood?
Kgeissler is offline        Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
Old 08-07-2015, 09:32 PM   #2 (permalink)
Registered Users
 
Posts: 729
 

Join Date: Mar 2014
Default

Realistically.... If you are not over someones property, or that person you are fine. If they are calling the cops on you and all you get is a finger shake just be thankful. Rule of thumb is avoid people and property by a long shot really.

Just dont be "watching" people and be actively flying and you should be fine....
Cpl Woody is offline        Reply With Quote Quick reply to this message
Old 08-07-2015, 09:33 PM   #3 (permalink)
Registered Users
 
Posts: 9,689
 

Join Date: Feb 2013
Location: Fargo ND (Home of the NDSU Thundering Herd)
Default

State laws like that are one of the reasons I don't own a quad that has a camera anymore...much easier to fly under the AMA's guidelines and the 2012 model aircraft exemption

If you fly above 400 feet, you'll probably garner the full attention of the FAA...if you have a camera at any height, you'll risk violating privacy laws like the new one you found

Remove the camera unless you own the property or have written permission from the landowner - or fly at a local club field that uses AMA guidelines

Flying over public property will entice your neighbors to call the cops every time
__________________
130X(5)*130X-L(6)*180CFX(15)
nanoQX*180QX*DX9*HF180060*AMA 988253
JonJet is offline        Reply With Quote Quick reply to this message
Old 08-07-2015, 10:32 PM   #4 (permalink)
Registered Users
Thread Starter Thread Starter
 

Join Date: Jul 2015
Default

I have no problems not flying in my neighborhood. The way the law reads though is if I go to a public park that is also illegal. I personally think that you have no expectation of privacy in a public place (like a park). So whether I have my GoPro attached to my bike in a public park or hanging off my quad in a public park, you can't expect privacy there. Especially if the state has to prove that my "intent" was surveillance, when it is never defined.
Kgeissler is offline        Reply With Quote Quick reply to this message
Old 08-07-2015, 10:35 PM   #5 (permalink)
Registered Users
 
Posts: 9,689
 

Join Date: Feb 2013
Location: Fargo ND (Home of the NDSU Thundering Herd)
Default

You have a new law...a big state with lots of lawyers at its disposal...just itching to make an example out of someone

Fly at a club field and enjoy
__________________
130X(5)*130X-L(6)*180CFX(15)
nanoQX*180QX*DX9*HF180060*AMA 988253
JonJet is offline        Reply With Quote Quick reply to this message
Old 08-08-2015, 02:01 AM   #6 (permalink)
Registered Users
 
Posts: 359
 

Join Date: Jan 2015
Default

Could have been worse. He could have shot it down like this redneck did in my city: http://www.wdrb.com/story/29650818/h...ght-to-privacy

The scariest part of that article is the poll. 90% of respondents think he shouldn't have been charged with anything.

The drone owner disputes the guy's story and has flight data showing that it never went below 200 ft.: http://www.wdrb.com/story/29670583/u...ws-flight-path
And the picture that one of the kids took on her cellphone seems to confirm the 200 ft story.
adamky is offline        Reply With Quote Quick reply to this message
Old 09-08-2015, 09:54 PM   #7 (permalink)
Registered Users
 

Join Date: Sep 2015
Default

I think they'd have to prove your were trying to conduct surveillance on that particular individual. I'd save your video if you even captured video to prove you weren't focusing on that one house, but we're just flying around.

What did the police say to you? I'm curious since I also live in Texas.
I mainly fly In a small field across the street, but my neighbors are pretty cool and know I'm just playing with my toys. I also have a large cemetery down the road with a large field that I fly in. People usually just say hi and act curious about my quad.
Veker is offline        Reply With Quote Quick reply to this message
Old 09-08-2015, 10:00 PM   #8 (permalink)
Registered Users
 

Join Date: Sep 2015
Default

Quote:
Originally Posted by adamky View Post
Could have been worse. He could have shot it down like this redneck did in my city: http://www.wdrb.com/story/29650818/h...ght-to-privacy

The scariest part of that article is the poll. 90% of respondents think he shouldn't have been charged with anything.

The drone owner disputes the guy's story and has flight data showing that it never went below 200 ft.: http://www.wdrb.com/story/29670583/u...ws-flight-path
And the picture that one of the kids took on her cellphone seems to confirm the 200 ft story.
Glad he was arrested. It's people like that that make gun owners look bad. guns are my main hobby and it sounds like he was very irresponsible. I'm not familiar with that area, but it sounds like there were other houses and people in the area. That is a big no no shooting in the air like that around people or houses.
Veker is offline        Reply With Quote Quick reply to this message
Old 11-25-2015, 09:09 PM   #9 (permalink)
Registered Users
 
Posts: 435
 

Join Date: Oct 2013
Default

"with the intent to conduct surveillance on the individual or property captured in the image"

This is the key. They have to prove you had intent to conduct surveillance, not just a routine flight that happen to catch someone on video.

Of course, you might beat the rap, but still get the free ride down to the station...

-Mike-
mallstott is offline        Reply With Quote Quick reply to this message
Old 02-07-2016, 01:55 PM   #10 (permalink)
Registered Users
 

Join Date: Jan 2016
Default

It depends,if you was in your property anyone can't tell you anything,important is that you didn't exceed with distance,Enac estabilished a limit about this
jeremy51 is offline        Reply With Quote Quick reply to this message
Reply




Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the HeliFreak forums, you must first register.
Please enter your desired user name, your REAL and WORKING email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself. Use a real email address or you will not be granted access to the site. Thank you.
Email Address:
Location
Where do you live? ie: Country, State, City or General Geographic Location please.
Name and Lastname
Enter name and last name here. (This information is not shown to the general public. Optional)
Helicopter #1
Enter Helicopter #1 type and equipment.
Helicopter #2
Enter Helicopter #2 type and equipment.
Helicopter #3
Enter Helicopter #3 type and equipment.
Helicopter #4
Enter Helicopter #4 type and equipment.

Log-in


Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




Copyright © Website Acquisitions Inc. All rights reserved.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2021 DragonByte Technologies Ltd.

SEO by vBSEO 3.6.1