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If you have an FAA Pilots license read on..

Discussion in 'Announcements' started by Gary Haynes, Oct 20, 2014.

  1. Gary Haynes

    Gary Haynes Administrator
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    From AVWEB last week.

    Last week, the FAA issued Change 6 to the Compliance and Enforcement Handbook for its inspectors, providing enforcement guidelines for violation of the FARs by drone operators. Among its provisions, it establishes a basis for holding certificated aircraft pilots to a higher standard than other drone operators, potentially leading to harsher punishments for certificated pilots who violate a reg when flying a drone. The FAA said the enforcement bulletin was issued because "there is an increasing number of UAS (Unmanned Aircraft Systems—drones) operations conducted in the United States that are operated contrary to applicable statutory and regulatory requirements. These operations may create unacceptable levels of safety risk in the National Airspace System (NAS)."
    The guidance goes on to point out that the FAA will use its resources to educate drone operators about regulatory compliance and, "when appropriate," take enforcement action against violators. As is standard practice with FAA enforcement guidelines, the guidance provides a list of considerations an inspector should look at in determining whether to take action against a violator and how harsh the penalty should be. The guidance specifically points out that certificated pilots should know better than to violate an FAR—"a certificate holder should appreciate the potential for endangerment that operating a UAS contrary to the FAA's safety regulations may cause." Therefore, the guidance provides that if the offender is a certificated pilot, her or his status as such may be considered an aggravating factor when considering the sanction to apply. Sanctions are ordinarily civil penalties, which are essentially fines. However, if the violator is a pilot, the guidance allows the FAA to pursue action against the pilot's airman certificate, including suspension or revocation.
    Providing a bizarre juxtaposition to the FAA's concern with stupid drone operator tricks creating safety risks, a moron-with-drone triggered a riot at a major international soccer game between Serbia and Albania in Belgrade, Serbia, yesterday. According to CNN, the brother of the Albanian prime minister operated a drone flying a flag depicting "Greater Albania" over the crowded stadium. At one point he flew it low enough over the soccer pitch that a Serbian player grabbed the flag. The player was attacked, a brawl ensued and fans stormed the field. After more than 40 minutes of mayhem, the game had to be abandoned. The drone operator was arrested and sent home to Albania.

    Links are embedded to the actual FAA documents.
     
  2. Andy Johnson-Laird

    Andy Johnson-Laird Administrator
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    Good find, Gary. I'd been wondering whether the FAA would go down the "private/commercial pilots should know better" route.

    Andy.
     
  3. Scott Strimple

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    Yup .. there is a angry FAA out there who has had their proverbial hand slapped a couple of times for trying to exercise regulatory control against a crowd that they have no regulatory guidance to do so (as the Admin law judge has related to them)... So the way I'm reading this is that in the mean time they are simply saying that if your operating an unmanned aircraft (or a manned for that matter) in violation of the referenced FAR's 91.13-91.15, 91.113, 91.126-91.135,91.137-91.145, CFR Pt 73 then you are subject to violation. I think that's probably always been the case but since the FAA has now seen that they courts system is going to hold them to the letter of the law, they want something in writing. So question.. if your operating inside of the sited FAR's then are you worried just because you have a pilot's license?
    Also ... once again we see the constraints put on the FAA by virtue of NOT having a set of regulations specific to unmanned flight. They are using what they have to work with currently (FAR) and shoehorning the sUAS world into it with little regard for the common sense of the action.
     

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