6 Myths About UAV Laws

l12UAVs, or unmanned aerial vehicles, are one of the most highly talked about devices at the moment. They are known by many names, most commonly drones. While most people know about UAVs, there is still a major learning curve that still needs to be overcome by the public. There are certain rules and regulations for operating UAV, however, many people are not aware about these rules and are therefore misinformed. Thus, several common myths have emerged regarding UAVs and their usage.

Myth #1: The control of airspace below 400 feet is not in the hands of the FAA

Fact: All the airspace is controlled by the FAA. The FAA controls any space above the ground and this is to keep US airspace safe. This myth may have been originated due to the rule that all manned aircraft must never come down below 500 feet.

Myth #2: It is okay to operate UAS flights commercially on a private property if you are following model aircraft guidelines

Fact: In 2007, there was published a notice in PDF format that can be used as clarification on this matter. The rule says that no one can fly any unmanned aerial vehicle for commercial purposes. You need to apply for a license for it and that too is available for certain cases only. For this, your aircraft must be certified, the pilot must be licensed and you must obtain the required operation approval (Section 333 Exemption). This is important so that liability can be determined in case of an accident.

There is only one such vehicle that has been able to meet all the criteria and that too was limited to a place that is almost devoid of human inhabitation, the Arctic.

Myth #3: The commercial operations in the US are still not fully covered by law under FAA

Fact: This has no basis as all the airborne vehicles need to get some degree of clearance from the FAA. Civil users are required to obtain a certificate of experimental airworthiness for the purpose of using the airspace to conduct any kind of R&D, training and demonstration of flight. Same is the case with UAVs, which need certification before they can be used for commercial purposes.

If you operate a flying a UAV for recreational purposes it does not need any license or approval. But still there are some guidelines that a hobbyist must follow while indulging in this hobby.

However, in 2012, even those regulations were removed, making way for more freedom as far as model aircraft are concerned. It will be the rules of the community that will be required to be followed so that the hobbyist does not cause any damage to a property or a person.

Myth #4: It is not a punishable offense to operate commercial UAS operations after September 30th, 2015

Fact: September 30, 2015 was only a time limit by which the FAA was supposed to come up with a solution to make such plans that would make UAV safe for flying, but the FAA has not been able to come up with any plan of the sort. So, for the foreseeable future operating a commercial UAS without the required licensing remains a punishable offense.

Myth #5: Other countries are way ahead in giving approvals for UAVs

Fact: There is no scope of comparison between US airspace and that of other countries. The reason for this is that the US airspace has tremendous traffic and if UAVs are given permission too then there will be a lot of crowding in that very small airspace that is proving to be small even for commercial planes. UAVs cannot go unregulated, because all the pros and cons need to be evaluated along with the safety of people and their property on the ground.

Myth #6: There will be as many as 30,000 UAVs by 2030

Fact: This figure is an old one and looks like it was published without much research in some kind of haste because the currents estimation of FAA sits at an average figure of 7,500 by the year 2018. This figure has been published assuming that all the required rules and regulations are being followed. This number is not fixed though and can be updated after changes are made to the rules and regulations. However, for the time being there is no such possibility as this technology is still in its initial stages.

What Sets Great Lawyers Apart From the Rest

l11Abraham Lincoln once said that a lawyer “has a superior opportunity of being a good person. There will be business enough.” The requirements for obtaining the professional distinction have changed considerably since Lincoln’s time. While he was only required to obtain an Illinois court document vouching for his “moral character,” today’s attorneys typically undertake several years of rigorous study and must pass difficult exams to practice their skill professionally. However, Lincoln’s sentiment can serve as a grounding principle for legal professionals. Above all, lawyers must trust in the law’s ability to maintain and improve society and act as an agent for justice. That said, the modern attorney needs a very specific skill set that includes the following essential qualities.

Negotiation

The ability to negotiate is arguably the most coveted skill a litigator can possess. Crushing the competition may be the chosen approach of a business leader or athletic coach, but it’s unlikely to yield the best result in a legal dispute. A talented negotiator takes the expectations of all parties into account and positions him or herself creatively to achieve an outcome that everyone can live with.

Verbal Skills

It’s a given that studying law requires thousands of pages of reading and tons of writing, but the best lawyers are those with an exceptional command of all phases of verbal communication. Their reading comprehension must match their efficiency, meaning they can rapidly sift through a large volume of text and accurately find pertinent information. On the writing side of the equation, drafting briefs accurately and quickly requires advanced skills. Their ability to communicate with colleagues and clients clearly and concisely should not be undervalued either.

Presentation Ability

Lawyers may spend much of their time navigating briefs, documents, and correspondence behind the scenes, but truly effective ones are those who can steal the spotlight when the time comes. An attorney should be able to capture attention with both spontaneous performances and well-prepared presentations. Specifically in trial situations, facts might not speak loudly enough for themselves, and it is counsel’s job to illuminate important points through demonstration.

Logic and Analysis

Good counsel always maintains a personal distance from the situation at hand and relies on impartial judgment to find the best course of action. One cannot succeed in the legal profession without the ability to see past personal feelings and biases that can cloud logical thinking.

Passion

Though it may counter the previous statement, a passion for justice and a spirit of perseverance in the name of the client can set great lawyers apart from those just going through the motions. Practicing law is a demanding calling, and lacking an outstanding commitment to the profession can make for a mediocre attorney.

Types and Examples of Larceny

l10When someone is talking about larceny crimes they are talking about the crimes that are associated with personal property. Property has two different titles, which are personal or real. Personal property is any real property that has been cut from the ground. Personal property can become a real property if it becomes attached to the ground. Real property is any property that is affixed to the ground like an apartment or house. The definition of larceny is liable to definition changes that are determined by severance or attachment. When someone is charged with crimes against property, it means a crime in which the defendant acquires property which belongs to someone else. These can include extortion, receipt of stolen property, larceny, false pretenses, robbery.

If you are charged with larceny it means that you have illegally taken of someone’s property, with the intention of permanently dispossessing the owner of their property. It could be goods or money. There are many different forms of larceny, which can include:

• Petty-this is where the property amounting to a smaller prices is being stolen. For a crime to be considered petty larceny the object stolen has to be less than four hundred dollars. If they are convicted of this crime they will have to pay a fine or do jail time.
• Grand-this is also known as felonious larceny and occurs when the property stolen is more than four hundred dollars. In New York, the amount of the robbery has to be more than one thousand dollars for it to be considered a felony. If you are convicted of this misdemeanor are subjected to time in prison. If the crime committed is a crime of a large magnitude can result in longer prison time. In addition to going to prison, you are also liable for fines related to the crime, court fees, and restitution payments.

Examples of larceny

• Snatching a purse-if the offender uses force to snatch the purse and instills fear in the victim it is known as robbery. If there is no force or fear in the victim then it is larceny.
• Shoplifting-this crime occurs when an individual shoplifts certain items from a store and does not pay for them. It also happens if you switch price tags so you are paying an lesser amount that what the actual value is.
• Embezzlement-this crime is when there is misappropriation of funds from an account that belongs to the victim.
• False check -this is a crime when the person issues bad checks to an owner for acquiring the property.

How To Access Court Records Paper And Electronic Files

l9Whether you are a law student or just interested in obtaining a court record to check some information, knowing how to access records is important. Access to these records are generally available to the public and are often considered as public records. That said, not all records may contain the information that one needs to see as the court may seal certain parts of the court proceedings especially if the case involves a juvenile.

Electronic Access – What is PACER?

As paper files becomes cumbersome, many government agencies are now switching to electronic database. The Public Access to Court Electronic Records or PACER is the US’ centralized electronic database that has court cases and docket information from different courts in the state such as the appellate, district and bankruptcy courts. Terminals are setup in the court clerk’s office and are available to the public. The information obtained inside the court office is free however; one would need to pay certain fee for printouts. If the records are from the Federal Records Center and one is interested to view the documents, a fee is also requested. Records from the Supreme Court are not available from PACER but are instead available directly from the Supreme Court’s website.

Paper Case Retrieval

Some cases might not be available online and have to be retrieved directly from the court clerk’s office manually. Most cases, especially before 1999, are available in paper format only and can be access from the court where the case was filed. To order or check the records, it is important to verify which courthouse the case is filed. Local courts have different sections, calling beforehand to verify would save you time as well as makes the request processing faster. Some court would require people requesting to write a written request to make the process speedy. It is best that one should specify the cases that they need and if there is a docket number available, to include this in the request form.

Are Sealed or Erased Records Accessible

Generally, sealed records are not available to the public especially those that have juveniles as parties to the case. That said certain exceptions apply. Some cases may be sealed and access is restricted however, some cases may partly be sealed and the ones not included are available to the public. Do note though that sealed cases maybe unsealed once the sealing order expires.