Can I fly my drone legally behind a moving train in California?
Question?Didn’t the guy in the video get a pretty big fine for flying near the train?
Possibly, I can't find any primary source that mentions that. Though everyone in various comments keep mentioning it and the fine amount jumps around. However, if anyone could be accused of reckless operation in FPV near a train it would be that video. He doesn't just chase or fly around a train. He lands on it, flies into it, under it, etc. Also right up near the conductor and purposely flies where the conductor can see him.
Nurk would also be crossing into that territory of being considered commercial. The rules were slightly different in 2017 as well but he was doing full on commercial work already from what I can tell. Even if this flight was not commercial they may have come after him at a commercial level.
I strongly suspect had he just kept his distance he would have been fine (heh). There are so many videos of people flying around or near trains that I can't imagine getting fined for it is a regular occurrence or we would have more people reporting it here!
Also, there is a big difference between being issued a fine for violating a regulation and paying it. Just like something like a speeding ticket you are allowed your day in court if you wish to fight it.
IIRC, in one video about two years later he said he payed a fine the size of a small new car, but I don't have time to search for it now.
Thought it was 188k usd. For flying near a bridge, with a train and cars on it.
A new 911 is a small new car...
It’s legal if no one sees
Until he post it on YouTube
Is it persacutable if it’s posted on yt?
yes. because ofc OP would like to take huge credit for his bestest video ever
Funny jab from someone who’s work looks like yours
you'd better open those grammar books instead of watching youtube son
Behind? Sure
That just sounds illegal
It does but I can’t find any direct literature so I’m confused and hoping someone can help understand
But I’m not sure
I flew low on some tracks and followed the train about 50 ft above it, when I posted on FB , everyone was telling me that you can do that.
Probably depends more on where there train is at. In the city? I'd pass. In the desert I'm sure you'd be fine. There are the mormon rocks TBS posted on their IG that has a ton a tracks around it.
If it's a whoop or toothpick then probs fine. 7" may arise suspicion.
if you asking perhaps it is?
Is it?
Nurk got in some hot water for flying behind, to the side, under, and so on.
The FAA says nothing about it directly. The CBO you are operating under would need to not have rules about it (I don't think any of them do).
Then it comes down to any existing state or federal laws/statutes that won't probably won't directly deal with drones. They may have wording about negligent operations or interference. Since railway is critical infrastructure. Unfortunately, as it is with rules like that, it's not just going to say what you can and can't do and unless there is some case precedence involving someone flying a drone I really doubt you will find any real guidance.
What I can tell you is there are absolutely tons of video of prominent people flying over, beside, or heck through trains and as far as I know those people have not faced persecution.
If you were to fly beside the train track, and behind the actual train I don't know how anyone would consider that possibly negligent or reckless. BBBBBUUUUUUTTTT IANAL so don't take my word for it.