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NEW ARIZONA LAW EFFECTIVE AUGUST 6 2016

Discussion in 'News' started by licensed pilot, Aug 6, 2016.

  1. licensed pilot

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    CopterBob likes this.
  2. Ryan Van Scotter

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    I can see the caption now, "13 year old boy charged with class 6 Felony for flying drone in backyard" ...seems reasonable.
     
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  3. licensed pilot

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    it's only a felony if flown over a "critical facility."
     
  4. Ryan Van Scotter

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    Not exactly true,

    The verbiage is important. Flying a UAS near a cell tower is considered a Felony. Flying near a waste water facility is also a felony. You don't have to fly over it just near it. SB 1449 describes several unique conditions within the code, i.e. electric switchyards over 69,000 volts. yet they don't define "NEAR". I believe this law is an overreach, it duplicates federal laws and provides too discretion at the local level enforcement.

    B. IT IS UNLAWFUL FOR A PERSON TO OPERATE OR USE AN UNMANNED AIRCRAFT OR UNMANNED AIRCRAFT SYSTEM TO INTENTIONALLY PHOTOGRAPH OR LOITER OVER OR NEAR A CRITICAL FACILITY IN THE FURTHERANCE OF ANY CRIMINAL OFFENSE.

    3. "CRITICAL FACILITY" MEANS ANY OF THE FOLLOWING:
    (d) A WATER OR WASTEWATER TREATMENT FACILITY AND WATER DEVELOPMENT
    (f) AN ELECTRICAL TRANSMISSION OR DISTRIBUTION SUBSTATION.
    (h) AN ELECTRONIC COMMUNICATION STATION OR TOWER.

    For example, The City of Chandler Water Treatment Center on E Pecos Rd is across the street from multiple housing developments and communities. SB 1449 is written as a vague and ubiquitous law using terms like "Loitering Near" in the furtherance of a criminal offense.
     
  5. licensed pilot

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    Your initial statement was an incorrect interpretation of the law..."13 year old boy charged with class 6 Felony for flying drone in backyard" and I corrected you. Now you want to get into a pissing contest over the law, I didn't right it, just reported it. And it's a whole less restrictive than others I've read. And yes ALL laws are open to law enforcement discretion (DUH!).
     
  6. Ryan Van Scotter

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    Mr Licensed Pilot,

    My fictitious caption is not entirely accurate, it is commentary. Commentary to a post you started. After I responded, you call me out by saying "it's only a felony if flown over a "critical facility."". Which I defended by posting extracts from SB 1449 to show that is NOT entirely true because It is also a felony if flown NEAR a critical facility and since SB 1449 doesn't define NEAR it can be misinterpreted.

    With regards to your "pissing contest" comment, I did no such thing. I quoted the SB 1449 and underlined key parts that could possibly create the caption that I posted. Again, commentary to a post you started.

    Laws don't always have the desired affect, like when people thought it was great that schools had zero tolerance drug policies and then teenage girls got expelled for having Midol, not what they were trying to accomplish. With regard to SB 1449 You said, "Pretty reasonable law" and I think it is as well, however the language opens up the ability for governmental buffoonery, hence the reason for my commentary.

    On a side note, open dialogue and conversation should be encourage, rather than labelled a pissing contest if one doesn't see your point of view. Respectfully I appreciate the thread and the conversation, it is not personal it is a combination of opinion, fact, interpretation, and perhaps some sarcasm. All positive.
     
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  7. SkipTV

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    Its not criminal unless they have committed a criminal act, flying near it is not a criminal act in and of itself.
    "IN THE FURTHERANCE OF ANY CRIMINAL OFFENSE".
    Now are state laws a waste of time, or illegal, seems to me according to all I've read, the Federal Government controls airspace, a city or state may regulate where you take off an and from but not where you fly. If a state wants to 'block' off airspace it has to get approval of the FAA