Yosemite has been invaded by drones. Small, unmanned machines that fly through the air capturing some pretty epic footage of one of America’s great National Parks. The National Park Service is none too keen on the GoPro shuttles, and has claimed that they’re illegal:
“…Yosemite National Park advises visitors that the use of Unmanned Aircraft Systems (Drones) are prohibited within park boundaries due to regulations outlined in the Code of Federal Regulations (CFR). Specifically, the use of drones within the park boundaries is illegal under all circumstances. Thirty Six CFR 2.17(a)(3) states, “delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit” is illegal. This applies to drones of all shapes and sizes…”
While I’m not a big fan of having my visit interrupted by a noisy little robot, I’m not so sure that HOW Yosemite is going about it is correct. I blame the NPS – the same guys who shut Americans out of America’s National Parks last year – and their lack of legal experience.
See, if you want to start citing CFRs, you’d damned well better know what you’re talking about. And the NPS, in this case, doesn’t. Their “ban” is poorly constructed and unenforceable. Why? Because the CFRs they cite all refer to aircraft. Isn’t a drone an aircraft? Not according to the part of the CFRs they reference. 6 CFR 2.17 is titled “Aircraft and delivery” it is preceded in the codified regulations by 36 CFR 2.16 “Horses and pack animals” and followed by 36 CFR 2.18 “Snowmobiles.” According to Greg McNeal writing for Forbes, “the placement of this provision, in this location in the code, indicates that the regulation is aimed at vehicles that transport individuals or objects. The aircraft the code regulates are not model aircraft, but aircraft that an individual would fly in.”
According to the NPS itself, “aircraft means a device that is used or intended to be used for human flight in the air, including powerless flight.” That completely excludes drones. Duh.
Greg McNeal concludes that the regulation is aimed at human flight is bolstered by language from the code that the Yosemite National Park omitted from their statement. Specifically 2.17(d) which adopts FAA regulations as part of the National Park Service’s regulations, it states:
(d) The use of aircraft shall be in accordance with regulations of the Federal Aviation Administration. Such regulations are adopted as a part of these regulations.
By adopting FAA regulations by reference, the National Park Service is bound by interpretations of those regulations.
Maybe the National Park Service should stop worrying about keeping Americans out of America’s National Parks and worry more about doing the right thing when it comes to OUR National Parks.