Western Railroad Discussion > Texas Drone laws

Wonder how many other States have laws like Texas? Not allowed to fly within 400’ of a Railroad! Even then, your supposed to have the persons/Businesses permission. 

Valleyman

 

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Valleyman Wrote:
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> Wonder how many other States have laws like Texas?
> Not allowed to fly within 400’ of a Railroad!
> Even then, your supposed to have the
> persons/Businesses permission. 
>
> Valleyman
>
>  

Fairly standard verbage in most state statutes with some differences. I have seen where railroads are not listed under the infrastructure section but fall under the observing private property.

I thought the FAA, not the states, owns and regulates airspace. Can states impose additional restrictions?

Texas may have a law, but only the FAA can regulate airspace. 

Todd Clark
Canyon Country, CA
Trainorders.com

Use the app from this company to get good information:

https://www.airmap.com

Texas has the right to throw regulations on top of Federal. Most foamers with drones are busting Federal regs at any given moment, let alone what the States may add.

Posted from Android

ShortlinesUSA Wrote:
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> Texas has the right to throw regulations on top of
> Federal.

100% coreect. States can impose more stringent restrictions than Federal. One of the conditions of statehood is that states honor and abide by Federal laws. Its like the "higherarchy of operating rules" on railroads. Feds impose the "base" standards for rules; railroads can in turn make them more restrictive but not less.
 

Drone may be occupying the airspace, but the pilot is still on the ground. I reckon an argument could be framed around verbiage about where the crime took place, at the physical spot of the drone, or where the person operating and controlling it was located at.

webmaster Wrote:
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> Texas may have a law, but only the FAA can
> regulate airspace. 

ShortlinesUSA Wrote:
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> Texas has the right to throw regulations on top of
> Federal. Most foamers with drones are busting
> Federal regs at any given moment, let alone what
> the States may add.
>
> Posted from Android

it might get interesting IF the feds or states start looking on the web for drone violations.........

66

F7sForever Wrote:
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> Drone may be occupying the airspace, but the pilot
> is still on the ground. I reckon an argument could
> be framed around verbiage about where the crime
> took place, at the physical spot of the drone, or
> where the person operating and controlling it was
> located at.

I think that would be splitting hairs and wouldn't make a difference. It is still under your control and per the laws/rules you have to fly line of sight.

This is just a personal opinion. I would just get an FAA certificate if anyone is worried about flying their drone. With the FAA certificate you are granted some lattitude on certain things. One example is you can fly the drone within 5 mi of controlled air space (staffed airport w/control tower) without calling ATC to get clearance.

Aside from seeing the screen shot of the Texas regs. I know from reading other state regs there are loopholes. For example, with the flying over prviate property and shooting video without permission. One state I read regs on only considers it an offense if the property owner reports you for doing it 3 times after recieving the first warning. On the 3rd strike it turns ugly.

Just remember the"real" Texas Drone Law, a pissed off landowner with a .410 shotgun.

PHall Wrote:
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> Just remember the"real" Texas Drone Law, a pissed
> off landowner with a .410 shotgun.

Funny you say that, this exact incident happened here in Tyler earlier this week.

Sherriff's Dept said homeowner had the right to blow it the hell away as it was in homeowners
back yard with camera on homeowner.  Happened a couple doors down from my sister-in-law.

Fortunately their back yard backs up to a large ranch so no fallout to others downstream of the blast.

PHall Wrote:
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> Just remember the"real" Texas Drone Law, a pissed
> off landowner with a .410 shotgun.

And that person would be committing a federal crime if he acted as you suggest.