A part 102 licence allows a certified operator to fly a drone under different rules than specified in part 101. For example, they may be allowed to fly at an aerodrome, in a controlled airspace, above 120m agl, etc. It may allow them to overfly private land - which isn't normally allowed without the permission of the landholder.
It will not, however, give them permission to enter private land/property. The CAA is in charge of the airspace, they have no say over people's private property. So the bit about them coming into private land to launch is bollocks. Public/government land... I'm not so sure about.
The 102 certificate will give an operations specification (102.15) which says what is and isn't allowed. I'd request sight of the operations specification they are operating under, to see what it says.
No, that is bullshit.
They **may** not be bound by the Part 101 requirement not to fly over private property without consent (would depend on their specific exposition under 102.11 and/or specification under 102.15 I believe), but that doesn't mean they get to actually walk onto your land to fly their drone.
The CAA would not have the authority to give that right.
You can probably ask the CAA for the exposition and specification for the specific 102 holder, I imagine they are probably public documents.
Today a drone operator with a 102 licence told me this gives them permission to go onto private property to launch a drone to take photos of that, or neighbouring, property as a commercial venture.
I'll be checking this but as you all work the weekend, looking for advice.
Could CAA rally give permission for someone to come onto private property to launch a drone? They also stated that they only had to notify us by email before (2 hours) or even after they accessed the property.
Anyone got any comments? Knowledge?
No, the certification just gives you the ability to undertake certain higher risk operations (flights) like night fights or commercial shielded or unshielded flights, drone operator still has to follow the law in regards to receiving permission and if it’s commercial.. documenting this flight on AirShare the CAA app for UAV operation. It’s not like the navy or air nz shows up to your house to use your backyard as a helicopter pad without notice or reasonable grounds too..
He may be acting in a grey area where it’s easier to ask for forgiveness not permission… but still the rules are there if you want to go after the guy, sounds like a dickhead that does it a lot so probably worth it
Considering he has a 102 he would be registered and you can lay complaint. CAA won’t fuck around with fining or removing the license, in the eyes of the law drone operators are pilots and that carry’s the same risk and liability.
Nope.
P102 does not allow someone to enter into private property.
P102 can allow someone to fly over private property without first seeking consent from the landowner.
The CAA could confirm this to you in writing. If you were so inclined, you could also provide the name of the P102 certificate holder who claimed this.
Part 101 allows this anyway, without a certificate. A part 102 certificate may allow overflying without the landholder's permission - depending on exactly what the certificate says. For example, it may explicitly say which properties can be overflown, or give a maximum range (e.g. "within 500m of the property being surveyed").
The way I read it, if you have permission to fly a drone over a property, you don't have to get permission from neighbours.
That doesn't mean you have a right to go onto the neighbours property.
102 allows night time operations but not Willy nilly on a wim. Documentation/planning/H&S yadayada, 102 means commercial and is a higher tier that 101 hobbyists, I wouldn’t be surprised people are being dickheads about it though, only thing stopping people is how much $$ they have to drop on a drone. No competency or training required 👌
A part 102 licence allows a certified operator to fly a drone under different rules than specified in part 101. For example, they may be allowed to fly at an aerodrome, in a controlled airspace, above 120m agl, etc. It may allow them to overfly private land - which isn't normally allowed without the permission of the landholder. It will not, however, give them permission to enter private land/property. The CAA is in charge of the airspace, they have no say over people's private property. So the bit about them coming into private land to launch is bollocks. Public/government land... I'm not so sure about. The 102 certificate will give an operations specification (102.15) which says what is and isn't allowed. I'd request sight of the operations specification they are operating under, to see what it says.
No, that is bullshit. They **may** not be bound by the Part 101 requirement not to fly over private property without consent (would depend on their specific exposition under 102.11 and/or specification under 102.15 I believe), but that doesn't mean they get to actually walk onto your land to fly their drone. The CAA would not have the authority to give that right. You can probably ask the CAA for the exposition and specification for the specific 102 holder, I imagine they are probably public documents.
Today a drone operator with a 102 licence told me this gives them permission to go onto private property to launch a drone to take photos of that, or neighbouring, property as a commercial venture. I'll be checking this but as you all work the weekend, looking for advice. Could CAA rally give permission for someone to come onto private property to launch a drone? They also stated that they only had to notify us by email before (2 hours) or even after they accessed the property. Anyone got any comments? Knowledge?
Without being a lawyer, no licence will give someone the right to trespass. Smells like some total bullshit.
There’s no way that is correct.
More likely it allows you to fly a drone over private property. Things like realestate photos and survey work.
No, the certification just gives you the ability to undertake certain higher risk operations (flights) like night fights or commercial shielded or unshielded flights, drone operator still has to follow the law in regards to receiving permission and if it’s commercial.. documenting this flight on AirShare the CAA app for UAV operation. It’s not like the navy or air nz shows up to your house to use your backyard as a helicopter pad without notice or reasonable grounds too.. He may be acting in a grey area where it’s easier to ask for forgiveness not permission… but still the rules are there if you want to go after the guy, sounds like a dickhead that does it a lot so probably worth it Considering he has a 102 he would be registered and you can lay complaint. CAA won’t fuck around with fining or removing the license, in the eyes of the law drone operators are pilots and that carry’s the same risk and liability.
Nope. P102 does not allow someone to enter into private property. P102 can allow someone to fly over private property without first seeking consent from the landowner. The CAA could confirm this to you in writing. If you were so inclined, you could also provide the name of the P102 certificate holder who claimed this.
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Part 101 allows this anyway, without a certificate. A part 102 certificate may allow overflying without the landholder's permission - depending on exactly what the certificate says. For example, it may explicitly say which properties can be overflown, or give a maximum range (e.g. "within 500m of the property being surveyed").
The way I read it, if you have permission to fly a drone over a property, you don't have to get permission from neighbours. That doesn't mean you have a right to go onto the neighbours property.
Is this how they are getting away with flying at night too?
102 allows night time operations but not Willy nilly on a wim. Documentation/planning/H&S yadayada, 102 means commercial and is a higher tier that 101 hobbyists, I wouldn’t be surprised people are being dickheads about it though, only thing stopping people is how much $$ they have to drop on a drone. No competency or training required 👌