🛬 Federal Aviation Administration (FAA) Regulations

At the federal level, the FAA oversees all airspace in the United States, including that over New York City. Key FAA rules include:​

• Remote Pilot Certification: Operators must hold a valid Remote Pilot Certificate under FAA Part 107.​
• Airspace Restrictions: New York City is classified as Class B airspace, requiring authorization for drone flights.​
• Prohibited Areas: Drones are not permitted to fly over critical infrastructure sites without explicit FAA authorization. Temporary flight restrictions can be imposed, especially near airports like JFK and LaGuardia.

Violations of FAA regulations can result in civil penalties, including fines up to $20,000, and potential suspension or revocation of the Remote Pilot Certificate. ​

🗽 New York City Local Laws

1. NYPD Unmanned Aircraft (UA) Permitting System

As of July 2023, the NYPD requires individuals to obtain a permit for drone take-offs and landings within the city. Applications must be submitted at least 30 days in advance and include:​

• Proof of FAA certification
• Insurance documentation​
• Community board notifications
• A $150 application fee ​

Operating a drone without a permit can lead to fines ranging from $250 to $1,000, and in some cases, criminal charges.

2. New York City Administrative Code § 10-126(c)

This code prohibits the take-off or landing of any aircraft, including drones, within the city unless authorized. Violations are classified as misdemeanors and can result in criminal records. ​

3. New York City Park Rule 1-05(r)(2)

This rule bans drone operations in city parks unless within designated areas. Violations can lead to fines up to $1,000 or imprisonment for up to 90 days. ​

⚖️ Criminal Offenses and Penalties

1. Reckless Endangerment

• Second Degree (Class A Misdemeanor): Engaging in reckless behavior that creates a substantial risk of serious physical injury. Penalties can include up to one year in jail.
• First Degree (Class D Felony): Conducting actions with depraved indifference to human life, creating a grave risk of death. Penalties can include up to seven years in prison.

2. Drone Seizure

Law enforcement has the authority to seize drones used in the commission of a crime or in violation of regulations. ​

🛡️ Enforcement and Oversight

The NYPD enforces drone regulations through its “Drones as First Responders” program, deploying drones equipped with thermal sensors for various operations. This initiative aims to enhance surveillance and response capabilities across the city. ​

Additionally, the Department of Investigation has highlighted deficiencies in the NYPD’s drone operation policies, emphasizing the need for improved transparency to address public safety, privacy, and health concerns. ​

✅ Best Practices for Drone Operators in NYC

To ensure compliance and safety:

• Obtain Necessary Permits: Always secure the required permits before operating a drone.​
• Stay Informed: Regularly check for updates on airspace restrictions and regulations.​
• Operate Responsibly: Avoid flying over crowds, near airports, or in restricted areas.
• Respect Privacy: Do not capture images or videos of individuals without consent.​

📰 Recent Developments

FAA Bans Drone Use Over Critical Infrastructure Sites in NYC

New York Post

FAA bans drone use over ‘critical infrastructure’ sites in NYC: ‘Action is purely precautionary’

Reuters: FAA to ban drones over critical infrastructure sites in New York, governor says

Navigating the legal landscape of drone operations in New York City requires diligence and adherence to a multifaceted set of regulations. By understanding and complying with these laws, drone operators can contribute to a safer and more responsible aerial environment. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney in New York City who has defended individuals facing charges over the piloting of drones in New York City. If you or a loved one have been arrested or cited for illegally operating a drone in New York City, you should strongly consider engaging his legal services.

Notably, federal law and regulations take precedence over state and local laws. This means that everyone in the USA must register his drone with the Federal Aviation Administration and follow the FAA’s Special Rule for Model Aircraft.

There are nine major cities in New York State and all of them have made it illegal to fly drones in them (except for commercial drone applications which might get individual permits or licenses). Luckily, New York City allows you to take your drone to the skies in designated parks and model airfields like:

• Flushing Meadows Corona Park
• Calvert Vaux Park
• Marine Park
• Forest Park
• La Tourette Park

Yet, you must not forget that all of Manhattan is off-limits, which includes: water, waterways, land under the jurisdiction of the city and the air space above.

According to the New York Department of Transportation and the New York State Assembly, there are currently no state laws in place concerning the operations of drones in New York, which means that the general Federal regulations are the primary restrictions on what you can do. However, there are plenty of non-specific laws that still apply to drone use, such as reckless endangerment and trespass laws. Furthermore, a City of New York restriction (Administrative Code § 10-126) makes illegal the flying and landing of aircraft (including drones) in New York City in most non-commercial circumstances.

While New York might have been a little slow off the mark with drone-specific legislation, there are quite a few proposed laws that might come into effect any day now. Thereby, one of them would describe what the liabilities are of drone owners, operators and makers respectively. Another one would allow to predict what sort of damages an injured party can claim from each of the three entities depending on circumstances. Finally, because of the development of weapons, New York wants to ban the weaponization of drones like Florida has already done. But even if this is not a law yet, we can only recommend you to not try to attach a pistol, knife or any sort of weapon to your drone. Because drones have also been used to bring weapons, drugs and other illegal stuffs intro prison yards, there will probably be a law prohibiting anyone from flying drones near correctional facilities.

You should also know that drones are not the only aircraft forbidden in and over the city: it is also unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city or to take off or land for anybody avigating an aircraft, except in emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority (NYC Administrative Code § 10-126).

[If you or a loved one was arrested for piloting a drone in the limits of the city, do not hesitate to reach out to The Law Office of Matthew Galluzzo; our team of former prosecutors and experienced criminal defense attorneys can help you with your case.]