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FAA Is Deputizing Police Forces Across The U.S.In The Fight Against Illegal Drone Use



 
 
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  #1  
Old January 12th 15, 04:28 PM posted to rec.aviation.piloting
Larry Dighera
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Posts: 3,953
Default FAA Is Deputizing Police Forces Across The U.S.In The Fight Against Illegal Drone Use


http://www.avweb.com/avwebflash/news/FAA-Seeks-Police-Help-Controlling-Drone-Use223376-1.html

FAA Seeks Police Help Controlling Drone Use

By Russ Niles | January 11, 2015

The FAA is deputizing police forces across the U.S. in the fight against
illegal drone use. The agency has issued a 12-page guide
http://www.faa.gov/uas/law_enforcement/ to law-enforcement agencies enlisting
their help in stemming the "considerable increase in the unauthorized use" of
small unmanned aerial systems (sUAS). Of course, the police don't really have
the authority to enforce airspace regulations so the agency is asking that law
enforcement do the legwork when illegal drone use is suspected. "State and
local police are often in the best position to immediately investigate
unauthorized UAS operations, and as appropriate, to stop them," the agency said
in a news release posted Jan. 8.
http://www.faa.gov/news/updates/?newsId=81244

The FAA says it would be most helpful if law enforcement interviewed witnesses,
tracked down the drone operators, collected evidence and then notified local
FAA inspectors. The FAA would then take over prosecuting the perpetrators. "The
FAA's goal is to promote voluntary compliance by educating individual UAS
operators about how they can operate safely under current regulations and laws,
but the guidance makes clear the agency's authority to pursue legal enforcement
action against persons who endanger the safety of the National Airspace
System," the news release says.
------------------------------------------------------------------------------

http://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_LEA_Guidance.pdf
1
LAW ENFORCEMENT GUIDANCE FOR SUSPECTED UNAUTHORIZED UAS OPERATIONS

Issue
There is evidence of a considerable increase in the unauthorized use of small,
inexpensive Unmanned Aircraft Systems (UAS) by individuals and organizations,
including companies. The FAA retains the responsibility for enforcing Federal
Aviation Regulations, including those applicable to the use of UAS. The agency
recognizes though that State and local Law Enforcement Agencies (LEA) are often
in the best position to deter, detect, immediately investigate, 1 and, as
appropriate, 2 pursue enforcement actions to stop unauthorized or unsafe UAS
operations. The information provided below is intended to support the
partnership between the FAA and LEAs in addressing these activities.

Discussion
The general public, a wide variety of organizations, including private sector
(e.g., commercial companies), non-governmental (e.g., volunteer organizations),
and governmental entities (e.g., local agencies) continue to demonstrate
significant interest in UAS. The benefits offered by this type of aircraft are
substantial and the FAA is committed to integrating UAS into the National
Airspace System (NAS). This introduction, however, must address important
safety and security considerations. The increasing number of cases of
unauthorized use of UAS is a serious concern for the FAA and, in terms of
safety and security challenges, many of its interagency partners.

This document is intended to assist LEAs in understanding the legal framework
that serves as the basis for FAA legal enforcement action a gainst UAS
operators for unauthorized and/or unsafe UAS operations (Section 1) and to
provide guidance regarding the role of LEAs in deterring, detecting, and
investigating unauthorized and/or unsafe UAS operations (Section 2).

SECTION 1.
Basic Legal Mandates
The FAA’s safety mandate under 49 U.S.C. § 40103 requires it to regulate
aircraft operations conducted in the NAS, 3 which include UAS operations, to
protect persons and property on the

1 At least in terms of initial contact with the suspected offender.
2 Applying any laws falling within the enforcement authority of the LEA in
question.
3 The NAS is “the common network of U.S. airspace; air navigation facilities,
equipment and services, airports or landing areas . . . . Included are system
components shared jointly with the military.” See FAA Pilot/Controller Glossary
(Apr. 3, 2014), available at
http://www.faa.gov/air_traffic/publications/media/pcg_4-03-14.pdf

....

.. [Continued:
http://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_LEA_Guidance.pdf]

---------------------------------------------------------------------
http://www.faa.gov/news/updates/?newsId=81244

FAA Issues UAS Guidance for Law Enforcement

FAA Issues UAS Guidance for Law Enforcement January 8
–The proliferation of small, relatively inexpensive unmanned aircraft (UAS)
presents the Federal Aviation Administration with a challenge in identifying
people who don’t follow the rules of the air or who endanger the nation’s
airspace. So, the agency is asking the law enforcement community for help.

The FAA released guidance to the law enforcement community explaining the legal
framework for the agency’s oversight of aviation safety in the U.S., including
UAS operations. The guidance describes how UAS and model aircraft can be
operated legally, and the options for legal enforcement actions against
unauthorized or unsafe UAS operators. The document also discusses the law
enforcement community’s vital role in deterring, detecting and investigating
unsafe operations.

State and local police are often in the best position to immediately
investigate unauthorized UAS operations, and as appropriate, to stop them. The
document explains how first responders and others can provide invaluable
assistance to the FAA by:

* Identifying potential witnesses and conducting initial interviews
* Contacting the suspected operators of the UAS or model aircraft
* Viewing and recording the location of the event
* Collecting evidence
* Identifying if the UAS operation was in a sensitive location, event or
activity
* Notifying one of the FAA’s Regional Operation Centers about the operation
as soon as possible

The FAA’s goal is to promote voluntary compliance by educating individual UAS
operators about how they can operate safely under current regulations and laws,
but the guidance makes clear the agency’s authority to pursue legal enforcement
action against persons who endanger the safety of the National Airspace System.

The guidance stresses that while the FAA exercises caution not to mix criminal
law enforcement with agency administrative safety enforcements, the public is
best served by coordinating and fostering mutual understanding and cooperation
between governmental entities with law enforcement responsibilities.

View the FAA’s law enforcement guidance: http://www.faa.gov/uas/law_enforcement
More information on the FAA and UAS: http://www.faa.gov/about/initiatives/uas/

================================================== ==============================

http://www.faa.gov/about/initiatives/uas/

Unmanned Aircraft Systems

Safety is the FAA's top mission, and the agency maintains the world's safest
aviation system. The FAA first authorized use of unmanned aircraft in the
National Airspace System (NAS) in 1990.

Today, unmanned aircraft are flying in the NAS under very controlled
conditions, performing border and port surveillance by the Department of
Homeland Security, helping with scientific research and environmental
monitoring by NASA and NOAA, supporting public safety by law enforcement
agencies, helping state universities conduct research, and supporting various
other missions for public (government) entities. Operations range from ground
level to above 50,000 feet, depending on the specific type of aircraft.
However, UAS operations are currently not authorized in Class B airspace
http://www.faa.gov/regulations_policies/handbooks_manuals/aviation/pilot_handbook/media/PHAK%20-%20Chapter%2014.pdf(PDF),
which exists over major urban areas and contains the highest density of manned
aircraft in the National Airspace System.
What are the different types of UAS operations?

There are three types of unmanned aircraft system operations: Civil, Public and
Model Aircraft.

Civil UAS

Obtaining a Special Airworthiness Certificate
http://www.faa.gov/aircraft/air_cert/airworthiness_certification/sp_awcert/experiment/sac/
in the experimental category for a particular UAS is currently the only way
civil operators of unmanned aircraft are accessing the NAS. Experimental
certificate regulations preclude carrying people or property for compensation
or hire, but do allow operations for research and development, flight and sales
demonstrations and crew training. The FAA is working with civilian operators to
collect technical and operational data that will help refine the UAS
airworthiness certification process. The agency is currently developing a
future path for safe integration of civil UAS into the NAS as part of NextGen
implementation. Read more about Civil Operations.
http://www.faa.gov/uas/civil_operations/

The FAA has been working for several months to implement the provisions of
Section 333 http://www.faa.gov/uas/legislative_programs/section_333/ of the
FAA Modernization and Reform Act of 2012, "Special Rules for Certain Unmanned
Aircraft Systems," which will allow for commercial operations in low-risk,
controlled environments. Read more about Section 333.
http://www.faa.gov/uas/legislative_programs/section_333/

Public UAS

COAs are available to public entities that want to fly a UAS in civil
airspace. Common uses today include law enforcement, firefighting, border
patrol, disaster relief, search and rescue, military training, and other
government operational missions. Applicants make their request through an
online process
http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas/coa/
and the FAA evaluates the proposed operation to see if it can be conducted
safely. Read more about Public Operations.
http://www.faa.gov/uas/public_operations/

Model Aircraft

Recreational use of airspace by model aircraft is covered by FAA Advisory
Circular 91-57
http://www.faa.gov/documentLibrary/media/Advisory_Circular/91-57.pdf (PDF),
which generally limits operations for hobby and recreation to below 400 feet,
away from airports and air traffic, and within sight of the operator. In June
2014, the FAA published a Federal Register notice
http://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf (PDF) on its
interpretation of the statutory special rules for model aircraft in the FAA
Modernization and Reform Act of 2012. The law is clear that the FAA may take
enforcement action against model aircraft operators who operate their aircraft
in a manner that endangers the safety of the national airspace system. In the
notice, the FAA explains that this enforcement authority is designed to protect
users of the airspace as well as people and property on the ground. Read the
full press release.
http://www.faa.gov/news/press_releases/news_story.cfm?newsId=16474 Read more
about Model Aircraft Operations.
http://www.faa.gov/uas/publications/model_aircraft_operators/

What can I do with my model aircraft?

Having fun means flying safely! Hobby or recreational flying doesn't require
FAA approval but you must follow safety guidelines. Any other use requires FAA
authorization. Here is a list of Do's and Don'ts for flying model aircraft.
http://www.faa.gov/uas/publications/model_aircraft_operators

Contact Us: http://www.faa.gov/uas/contacts/

The agency wants the public to know how and when to contact the FAA regarding
safety concerns with UAS operations. You can visit the Agency's Aviation Safety
Hotline website http://www.faa.gov/contact/safety_hotline/ or call
1-866-835-5322, Option 4.

Highlights

What Can I Do With My Model Aircraft?
http://www.faa.gov/uas/publications/model_aircraft_operators/
Arctic Initiatives
Apply for a COA
FOIA Responses
Section 333
Test Sites
Center of Excellence (COE)
News Release on "Know Before You Fly" http://www.knowbeforeyoufly.org/

Watch the "Know Before You Fly" video: http://youtu.be/XF5Q9JvBhxM

Unmanned Aircraft Systems
News http://www.faa.gov/uas/news/
FAQs http://www.faa.gov/uas/faq/
Public Operations (Governmental)
http://www.faa.gov/uas/public_operations/
Civil Operations (Non-Governmental)
http://www.faa.gov/uas/civil_operations/
Law Enforcement Resources http://www.faa.gov/uas/law_enforcement/
Key Initiatives http://www.faa.gov/uas/legislative_programs/
Regulations & Policies http://www.faa.gov/uas/regulations_policies/
Publications http://www.faa.gov/uas/publications/
Public Events http://www.faa.gov/uas/public_events/
Contact Us http://www.faa.gov/uas/contacts/

Page last modified: January 09, 2015 12:16:44 PM EST
================================================== =====================================

http://www.faa.gov/uas/publications/model_aircraft_operators


What Can I Do With My Model Aircraft?
Hobby/Recreational Flying

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Having fun means flying safely! Hobby or recreational flying doesn't require
FAA approval but you must follow safety guidelines. Any other use requires FAA
authorization.

Avoid doing anything hazardous to other airplanes or people and property on the
ground.
"Dos"

Do fly a model aircraft/UAS at the local model aircraft club
Do take lessons and learn to fly safely
Do contact the airport or control tower when flying within 5 miles of the
airport
Do fly a model aircraft for personal enjoyment

"Don'ts"

Don't fly near manned aircraft
Don't fly beyond line of sight of the operator
Don't fly an aircraft weighing more than 55 lbs unless it's certified by an
aeromodeling community-based organization
Don't fly contrary to your aeromodeling community-based safety guidelines
Don't fly model aircraft for payment or commercial purposes

Model Aircraft Operations Limits

According to the FAA Modernization and Reform Act of 2012 as (1) the aircraft
is flown strictly for hobby or recreational use; (2) the aircraft is operated
in accordance with a community-based set of safety guidelines and within the
programming of a nationwide community-based organization; (3) the aircraft is
limited to not more than 55 pounds unless otherwise certified through a design,
construction, inspection, flight test, and operational safety program
administered by a community-based organization; (4) the aircraft is operated in
a manner that does not interfere with and gives way to any manned aircraft; (5)
when flown within 5 miles of an airport, the operator of the aircraft provides
the airport operator and the airport air traffic control tower…with prior
notice of the operation; and (6) the aircraft is flown within visual line sight
of the operator.

More information about safety and training guidelines
http://www.faa.gov/exit/?pageName=More%20information%20about%20safety%20an d%20training%20guidelines&pgLnk=http%3A%2F%2Fwww%2 Emodelaircraft%2Eorg%2F

The FAA welcomes comments from the public on its Interpretation of the Special
Rule for Model Aircraft, which may help further inform its interpretation of
the statutory language in Section 336 of the FAA Modernization and Reform Act
of 2012 regarding Model Aircraft operations. Please visit the Federal
Rulemaking Portal
http://www.regulations.gov/#!submitComment;D=FAA-2014-0396-0781 and follow
the instructions for sending your comments electronically.
-------------------------------------------------------------------------------

Academy of Model Aeronautics http://www.modelaircraft.org/

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  #2  
Old January 12th 15, 06:00 PM posted to rec.aviation.piloting
Vaughn
external usenet poster
 
Posts: 154
Default FAA Is Deputizing Police Forces Across The U.S.In The Fight AgainstIllegal Drone Use

On 1/12/2015 10:28 AM, Larry Dighera wrote:

http://www.avweb.com/avwebflash/news/FAA-Seeks-Police-Help-Controlling-Drone-Use223376-1.html

FAA Seeks Police Help Controlling Drone Use


I wonder how many police departments are presently operating technically
illegal drones?

Vaughn

  #3  
Old January 12th 15, 08:49 PM posted to rec.aviation.piloting
Larry Dighera
external usenet poster
 
Posts: 3,953
Default FAA Is Deputizing Police Forces Across The U.S.In The Fight Against Illegal Drone Use

On Mon, 12 Jan 2015 12:00:31 -0500, Vaughn wrote:

On 1/12/2015 10:28 AM, Larry Dighera wrote:

http://www.avweb.com/avwebflash/news/FAA-Seeks-Police-Help-Controlling-Drone-Use223376-1.html

FAA Seeks Police Help Controlling Drone Use


I wonder how many police departments are presently operating technically
illegal drones?

Vaughn



Given the recent fatalities inflicted on unarmed suspects by LEOs, Law
enforcement faces little fear of prosecution for law violations, unfortunately.

What I'm wondering is, what incentive would a police force have to assist the
FAA with their enforcement responsibilities. Typically, the state, county or
city will receive a portion of any fines collected for citations that result in
convictions. But, does the FAA have the power to levy fines on the general
public, as opposed to holders of airmans certificates? If the entity with
jurisdiction where the alleged drone violation may have occurred doesn't have a
statute against drone operation, how would the LEO cite?

One wonders why the UAS manufacturers refuse to equip their products with TCAS
and transponders. It seems to me, that would go a long way toward reducing the
hazard UAVs pose to air traffic operating within the NAS.

 




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