Correct me if I'm wrong...

[Whodunit13579]

I read through, the FDA's regulations regaurding lasers, then looked at FAA to see if there was anything there, and as far as I can tell it is not illegal to point a laser up into the air as long as there are no planes/air vehicles in the area. Is this right?

 

[Coherent Light]

Essentially You are correct. A few areas are off limits. i.e. Airport Exclusion Zone.

 

[daguin]

There are rules against shining a laser "above the horizon" without a specific variance

Plus, you will ALWAYS be subject to local "public nuisance" and "reckless endangerment" laws

Peace,
dave

 

[Coherent Light]

^^ Thought that only applied at a public gathering or an outside laser show.:thinking:

 

[daguin]

^^ Thought that only applied at a public gathering or an outside laser show.:thinking:

Define "outside laser show"

How many people constitute a "public gathering"?

If they want you, they got you.
If they got the call and had to drive out to check it out, they want you

Better to avoid it anywhere that can be seen by the "public" than to spend the night in a cell and/or have your lasers "held."

Peace,
dave

 

[Coherent Light]

Very True.:cryyy: I had downloaded the FDA's Radiation guidelines in pdf, but now I can't find it. If You are in a large metro You chances of getting caught go way up. The regulations are deliberately vague, and that makes it easy to drum up some charge.

 

[Kevlar]

Define "outside laser show"

How many people constitute a "public gathering"?

If they want you, they got you.
If they got the call and had to drive out to check it out, they want you

Better to avoid it anywhere that can be seen by the "public" than to spend the night in a cell and/or have your lasers "held."

Peace,
dave

Yes, this is very true. They can pull any law up and apply it to just about any situation they want. It's just not worth it IMO

 

[Whodunit13579]

What is IMO?

 

[Kevlar]

In My Opinion :beer:

 

[Whodunit13579]

Thanks!

 

[LSRFAQ]

SEE:

H.R. 5810: Securing Aircraft Cockpits Against Lasers Act of 2010 (GovTrack.us)

Once that passes things will be more clearly defined.

Right Now, the charge, if you hit a plane and are caught, is a Federal Charge of "Interfering with a aircrew in the performance of their duties", or locally, some form of "Disorderly Conduct" charge or similar.

www.faa.gov/documentLibrary/media/Order/7400.2G.pdf

Effectively defines permissible operation of lasers out doors, IE Scientific, Industrial, Display.

FAA wrote 7400.D after a laser show incident in Vegas, in accordance the SAE G10 committee in a advisory role. Its been revised several times.


http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=1040.10

Is the basic Federal code enabling the FDA/CDRH to act. Actual guidance is provided by "Laser Letters" and "Laser Notices" which are policy, not a law specifically written by lawmakers. The ability to write and enforce policy is enabled by 21 CFR 1040.

Remember this is Administrative law, not criminal law.

If they really, really want to throw the book at a laser user, there is always the catch-all clause in the Patriot Act, which is PL 107-56.

Don't bother me with the "If its not specifically defined in written law, its not Illegal or its Unconstitutional to charge" argument. That ends at the High School level of interpretation of the law.
The law is a living, breathing thing, and the lawyers have a predictable way of extending it as needed, which is their job.

Steve

 

[Coherent Light]

Flight Path is vague. Does that mean when an aircraft is using the flight path or the flight path itself which is not even in use at the time?

Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

 

[LSRFAQ]

Flight Path is vague. Does that mean when an aircraft is using the flight path or the flight path itself which is not even in use at the time?

Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title or imprisoned not more than 5 years, or both.

You would have to test it in court to find out.

Steve