Wednesday, May 09, 2012

Big Brother Dream Kills on Social Media

In the interest of full disclosure I am forceful advocate of unmanned commercial air freight located in Tucson, Arizona.


I am not your enemy. If you think I am Joe Biden stupid, please hire someone else.


I am not Uncle Sugar, your wife or your insurance company, so I am not in charge of telling anyone no. I know I am not going to get millionaire credit or profit for everything innovation, but I know when that the smart guys like you deliver that innovation to market I profit from it in more ease of use in my every day life. 

Today on linkedin I answered a 30 day discussion thread which John Smith of San Francisco asked rather innocently.

Why wouldn't a person be able to start up a Aerial Photography business ?
I'm talking about a business that takes aerial photography and videos of Real Estate property for sale both inside and outside as long as it stayed within the altitude and frequency guidelines of the AMA and FAA for that matter? We are not talking about flying in any commercial / public airspace but let's just call it your backyard, over your house and through it for that matter....

The short answer to his very direct question is “It's a government conspiracy.” The answer is to go do it and his defense should be “it's a free country.

American common law validates this course of action.  49 USC § 40103 - SOVEREIGNTY AND USE OF AIRSPACE states "A citizen of the United States has a public right of transit through the navigable airspace."  If the law imposes one duty on its citizens to be reasonable, it follows that right of transit means also use.  If our American raison d'être  is "Life, liberty and the pursuit of happiness,"  then the Ninth Amendment is the shield of that freedom.  It states simply:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Yet the enemy of freedom, our federal government, in the garb of the white knight has thwarted commercial use of this sword that engineers and entrepreneurs have beaten into plowshares.  Here are the facts:

You do not need a Certificate of Authorization to fly Class Golf Airspace from ground level to 1200 feet.  Allow me to quote the regulation chapter and verse:

 "Class G. Airspace not designated as Class A, B, C, D, or E. Class G airspace is essentially uncontrolled by ATC except when associated with a temporary control tower."

 (Chapter 8, Page 2)

You may not provide a service for your recreational hobby.   However, you can provide your recreation for free and provide consultancy and advice to your clients.

Here is an Army regulation governing UAVs.

"The DoD/FAA UAS MOA authorizes a Class G airspace notification in lieu of a certificate of authorization for UAS weighing 20 pounds or less operating below 1,200 feet above ground level in Class G airspace over military bases, reservations, or land protected by purchase, lease, or other restrictions. This is not applicable to airspace identified in 14 CFR 91.215 (Mode C veil within 30 miles of major airports depicted on Visual Flight Rules sectional charts by a solid magenta line). The UAS must remain more than 5 nautical miles from any civil use (public or private) airport or heliport and within clear visual range of the operator or certified observer in contact with the operator."

I cited the publication to get an idea of a type of comparable law. If the Army allows unrestricted Class G flight which has stricter guidelines regarding flight, then why not civilian flight?

  Common sense right?  

But yet Federal Aviation Regulators have been trolling Social Media in order to restrict and discourage entrepreneurs.  One Dream Killer wrote:  "I am concerned about those who might build a business based on (purposely) circumventing the law and regulations."  

As a consumer, an aviation enthusiast, an engineer and freedom loving American with honorable combat service in Iraq, I am concerned that overzealous regulators and unprincipled big business interests are actively colluding to destroy creativity and wealth.  I am a test engineer and a filmmaker I wanted to do the same thing but Vladmir Putin beat me to market

Truth be told John Smith, you are late to the party. The fact is that there are several companies in force today willing to provide the service you want to deliver. They have found the legal means to in the words of our law dog expert "circumvent the law." 

Gentlemen, everyone here has since school had to compete. In that races, the winner comes in first, not second, not third and not because he judged himself the safest. I take responsibility for my actions and encourage others to as well. As businessmen and technicians, we have a vested interest in protecting our reputation by creating viable products that are SAFE and easy to use. So let me be clear I am not encouraging recklessness. I am simply saying the free market is the best enforcer of safety in this regard.

Dream Killer continues: "the aircraft industry appears to have their work cutout for them in providing a viable and legal product to the marketplace."

This is erroneously belief. It is fairly easy to do.  

Dream Killer continues:  "an insurance perspective in the case of a mishap, the insurance company would likely not provide coverage."

I confronted him: "
Are you an insurance expert? If so, what agency?

I wonder how our chief Dream Killer would regulate this?

There those among us who act as lackeys for the federal government in the hopes that they will be eaten last.  I have one word that describes the wisdom and character os such individuals: weak.

Cuddling up to people who declare they have our best interests at heart but are constantly saying 'no' stifles the creativity of all.

One such weakling said that you need a COA to operate at Class G.  
Why impose regulations and laws against mishaps that haven't happened?

Further the document he cited,  "Interim Operational Approval Guidance 08-01" (March 13, 2008) is older than the updated FAA manual I cited.  Further the Interim Guidance oes not supercede the sovereignty of the people to use its airspace without infringing on the rights of others.

Further the Interim Operational Approval Guidance does not contradicts what I have said which is that Class G is unrestricted unless you are near an airport: 14 CFR 91.126, Operating on or in the Vicinity of an Airport in Class G Airspace.

I will concede that saving and preventing the loss or injury of human life is a legitimate concern and that the state has a right to impose such regulations. But such regulations must be reasonable and have the consent of the people.

This agency and agencies like it make law without the review of congress. Congress has delegated its law making responsibility to this agency and there is debate in Capitol Hill and in kitchen tables all across America whether such a practice should continue and whether it is Constitutional.

Now to give you a sense of how shallow Class G airspace is the roof of tower 1 of the world trade center was 1,368 ft.

I have jumped out of many a C-130's flying 500 ft AGL and wouldn't want to be in the flight path of your UAS. But even in that instance, wouldn't you already have an observer out monitoring your bird or wouldn't your UAS have detection capability to avoid my bird's engines and my parachute lines? That's just common sense but if you want to pay the salaries of men to tell you 'no.' Go ahead.

I just think there's a better way.

  Sight and avoid concerns can be overcome with advancements in radar and RF instrumentation. But sight and see doesn't stop bird strikes. 

Our beloved FAA has released a statistic that 90,000 bird strikes have been reported by pilots since 1990. Experts estimate that bird strikes cost US aviation $400 million. Pilots have reported bird strikes occurring as high up as 30,000 ft. Should the FAA only issue to COA to public entities for manned flight because the risks are too great?

What would the Chemtrail conspiracy nuts do?

The Dream Killer is in charge of preventing these disasters - kinda like a cop only in like a pre-crime capacity. Can he tell us what the threats and concerns are? Who besides me has identified them?

John Smith mocked me suggesting I play too many video games. Perhaps but I have seen this at this as an interface at the test bed.  
Why not provide a GUI that is similar to this?

And it makes sense that you would want your operators to use an interface that they are familiar with to perform complex operations. I have repaired these systems in a combat. You want to make something that is easy for the user. 

It might make sense for employers to verify that they have an operator that is qualified. But as an engineer, an entrepreneur and a consumer, I would want the simplest and easiest interfaces available for further automation and sophistication. It's just common sense, creativity and thinking outside the box.

Therefore I would oppose any UAS certification. 

I have an interest, a background and a love for this stuff. If I can profit from interest, a background and labor, it's that why our founders established a nation on this rock?

We think we are ahead of the power curve because we have had the good fortune to have been exposed to this beautiful technology in our lives. But the facts, we are late to the party. Long before UAV Pioneer saw use in Desert Storm or Ryan Firebee I, Nikola Tesla gave a remote controlled boat demonstration in 1898 at Rockefeller Center to the Navy and the Navy passed. 

Patriots, this technology is not 21 years old, it is 114 years old. 

Its the same people saying no.

Big business, the rent-a-mob and their paid lackeys in elected and unelected government. Americans, we are at the dawn of the new space age where we can have colonies on the moon and mining operations on Mars.  But we aren't going anywhere if we have Bruce Willis' handlers from 12 monkeys running the show telling us the sky is falling. 

But it started with a question "why?" And the obvious answer to anyone with common sense is "why not?" Followed by "We're not going to take it." Followed by "watch me." You men may feel downcast but my experience has taught me that money follows opportunity and you men have a lot to offer your potential investors. You just haven't met them yet.

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