The question becomes, how is “aircraft” defined in that title?
Also this assumes only contract law is considered (which most law suits are under that basis)
What about common law or equitable law? Does flying a drone over my house, especially if one is lower it to peer into my home or back yard where there is a reasonable expectation of privacy…is that not common or equitable? 🤷♂️
(Just thinking through this out loud)
"The question becomes, how is “aircraft” defined in that title?"
The FAA regulations are actually pretty clear on this - If I have to put an ID tag on it to give it an FAA designation (and btw I do) then it's classified as aircraft.
IANAL - but contract law is not the same as Federal Law. Federal law can override contract law in certain situations. Generally, contract law is governed by state law, but if a contract violates federal law or a federal law specifically governs the subject matter of the contract, then federal law will take precedence. This is based on the Supremacy Clause of the U.S. Constitution, which establishes that federal law is the "supreme law of the land."
"What about common law or equitable law?"
Note I did NOT talk about what is legal for a drone *pilot* to do.. ONLY what is NOT legal for people who take issue with drones being flown to do. In the cases you mentioned, local, state and FAA regulations will apply. And drone pilots who are FAA certified if they violate those laws can have their licensing revoked (period determined by FAA) face civil penalties (to the tune of 10's thousands in USD) and risk civil litigation as well. You would have to check with your own municipality for the specifics.
Thanks for getting back to me. Also thanks for your patience in a further reply; it’s been a long two days for me :)
I appreciate the details you provided.
I will say I don’t agree with a couple of aspects in particular on the supremacy side.
While federal supersedes state, federal doesn’t supersede the Constitution.
All municipal, state, federal, and many treaties are formed on the basis of contract law.
The constitution is formed on
1. Equitable law (what is fair and right)
2. Common law (God given)
So my argument (not to you per se, simply as a matter of conversation) is no government entity has the right to intrude on my privacy via drone.
Now while the constitution does not explicitly state we have the right to privacy; it has been upheld by the Supreme Court that privacy is a penumbrally protected by the 1st, 3rd, 4th, 5th, and 9th Amendments, especially in the area of intimate lives and relationships.
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Again not arguing for the sake of arguing 😎
Just talking through some of what I’ve been thinking through lately.
Whenever possible I want to elevate myself and my dealings into ultimately Equitable law and at least Common Law; avoiding Contract Law, as Contract Law is where the government essentially “owns” us both in the literal Cuesta Vie sense and figuratively as we agree to enter into contracts with them.
So for example if I want to fly a drone i need a license…supposedly…according to the government…soon as I get that license I am now in contract with them.
Same for drivers license. The constitution affords us to travel freely, but we (for most people unknowingly) replace that Common Law right with a contract called a drivers license and “driving” a registered DMV car…
Similarly USPS is not the Post Office…
I suppose my point is: there are two of everything.
And it’s a matter of which side of the fence does one want to play on…or which sandbox…the Public (contract law) side or the Private (Common and Equitable Law) side…
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Ok I’m rambling…again thanks for engaging with me
