An observer reported they saw a UAS pilot flying in an area where UAS operations are not allowed. Reporter stated unauthorized drone activities have been a chronic issue at this site reportedly due to confusion with airspace and local ground regulations.

Narrative

Unknown drone pilot; illegally parked in a fire lane on California state highway CA35/Skyline Blvd at the Silicon Valley Vista Lot; at approximately XA:00 on Day 0; took off and operated a drone flying over private property; protected MidPeninsula Open Space (fire risk and wild life protection); and follow chasing vehicles along the 55+mph highway. While the B4UFLY says the site is 'Clear for Takeoff'; it is obfuscating airspace regulations with ground regulations. California agency CalTrans has a No Takeoff; operation; landing statutes unless the pilot has been granted an encroachment permit within the state highway system right of way. Pilot was watching a display and not keeping the drone within visual sight. Pilot was flying very low over 55+mph highway; and swooped down and followed a southbound vehicle (was not related to the pilot or the drone operation). Pilot was reluctant to stop flying when informed that he shouldn't be operating the drone at the site. He was argumentative saying the app said it was ok; and that he was only flying over the parking lot. He asked me if I had video. I said I do. Pilot only stopped when I said I was going to call California Highway Patrol (CHP) and report him to the FAA. Pilot had a hard landing of his drone into his vehicle.This has been a chronic issue at this site for years with drone pilots saying the B4UFLY app gives them the green light. They are confusing airspace with ground regulations. Please get the ok statute in B4UFLY changed from 'OK to Takeoff' to 'Ok for flying. Check ground regulations.' Thank you.