Apple Attempting to Limit Drone Flyovers in Cupertino

[kju1]

Wrong again.

Drones, aka unamed aircraft systems, are subject to Part 107 of Title 14 in the FARs. Which limits the altitude at which they can fly. But that doesnt matter anyway because I looked up the new campus on the map and it looks to me likes inside of the San Jose Minetta class C surface area. Which means:

§107.41 Operation in certain airspace.
No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC).

Even if that were not the case they still cant fly above 400AGL unless they are on a building and then the top of the building is the "start" of their ground level (still have to avoid controlled airspace...which starts at 700AGL there). And even then theres not a buildin within 400 feet that would permit them to fly over the top of the campus...

§107.51 Operating limitations for small unmanned aircraft.
A remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system must comply with all of the following operating limitations when operating a small unmanned aircraft system:

(a) The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour).

(b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft:

(1) Is flown within a 400-foot radius of a structure; and

(2) Does not fly higher than 400 feet above the structure's immediate uppermost limit.

(c) The minimum flight visibility, as observed from the location of the control station must be no less than 3 statute miles. For purposes of this section, flight visibility means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.

(d) The minimum distance of the small unmanned aircraft from clouds must be no less than:

(1) 500 feet below the cloud; and

(2) 2,000 feet horizontally from the cloud.

 

[Vader1975]

This is still being litigated. Multiple cases have gone different ways so far. Therefore what is or isn’t legal isn’t fully understood.

I’d bet the high Aerial shots are likely legal in the end and window level snooping will end up illegal eventually. It’s a interesting legal quagmire.