DJI Mavic, Air and Mini Drones
Friendly, Helpful & Knowledgeable Community
Join Us Now

FAA and Enforcement ?

Bobby Brown

Well-Known Member
Joined
Oct 22, 2018
Messages
210
Reactions
223
Age
69
Location
Gun Barrel City, Texas
Enforcement of any rules for Drones will be an impossible task. Unless the FAA stumbles upon someone flying in a park and self enforcement won’t work. How will they locate to enforce?

Also, can a representative of the FAA arrest or ticket individuals?

My two cents........Drone on
 
Enforcement of any rules for Drones will be an impossible task. Unless the FAA stumbles upon someone flying in a park and self enforcement won’t work. How will they locate to enforce?

Also, can a representative of the FAA arrest or ticket individuals?

My two cents........Drone on

Can the FAA ticket people? YES! Can they arrest? NO I don't think so! They would refer the offender over to local authorities or to the DOJ for actions like that.

Most AVIATION enforcement comes either from complaints, repeat offenders, or from an incident.
 
All explained here: Legal Enforcement Actions

The Enforcement Division initiates civil penalty actions under the statutory authority cited in 14 C.F.R. § 13.14 or § 13.18. The FAA has authority to issue orders assessing a civil penalty of up to $400,000 against persons other than individuals and small business concerns and up to $50,000 against individuals and small business concerns. Generally, the penalty for each violation ranges from $1,100 to $27,500, depending on the provision violated and the category of the alleged violator: individual serving as an airman, individual not serving as an airman, small business concern, or someone other than an individual or small business concern.

There is an opportunity at the beginning of most enforcement cases for informal procedures, including an informal conference with an FAA attorney, to give the alleged violator a chance to bring to the FAA's attention information favorable to it, e.g., exculpatory or mitigating evidence. During these informal procedures, an enforcement action can sometimes be resolved to the mutual satisfaction of the parties. Either during the informal procedures or later in the process, cases are often settled without resort to the full litigation process.

Certificate Actions
The Enforcement Division may initiate certificate actions in the form of certificate suspensions and revocations against persons and entities holding FAA-issued certificates. Certificate suspensions of a fixed number of days are issued to discipline an alleged violator and to deter others similarly situated.

Most orders of suspension and revocation may be appealed to the National Transportation Safety Board (NTSB). Orders are first appealed to the NTSB's Office of Administrative Law Judges, and a decision issued by an ALJ may be appealed to the NTSB's full Board. The Board's Rules of Practice located in in 49 U.S.C. § 821 govern these proceedings before the NTSB. The full Board's decisions may be appealed to a United States court of appeals.
 
All explained here: Legal Enforcement Actions

The Enforcement Division initiates civil penalty actions under the statutory authority cited in 14 C.F.R. § 13.14 or § 13.18. The FAA has authority to issue orders assessing a civil penalty of up to $400,000 against persons other than individuals and small business concerns and up to $50,000 against individuals and small business concerns. Generally, the penalty for each violation ranges from $1,100 to $27,500, depending on the provision violated and the category of the alleged violator: individual serving as an airman, individual not serving as an airman, small business concern, or someone other than an individual or small business concern.

There is an opportunity at the beginning of most enforcement cases for informal procedures, including an informal conference with an FAA attorney, to give the alleged violator a chance to bring to the FAA's attention information favorable to it, e.g., exculpatory or mitigating evidence. During these informal procedures, an enforcement action can sometimes be resolved to the mutual satisfaction of the parties. Either during the informal procedures or later in the process, cases are often settled without resort to the full litigation process.

Certificate Actions
The Enforcement Division may initiate certificate actions in the form of certificate suspensions and revocations against persons and entities holding FAA-issued certificates. Certificate suspensions of a fixed number of days are issued to discipline an alleged violator and to deter others similarly situated.

Most orders of suspension and revocation may be appealed to the National Transportation Safety Board (NTSB). Orders are first appealed to the NTSB's Office of Administrative Law Judges, and a decision issued by an ALJ may be appealed to the NTSB's full Board. The Board's Rules of Practice located in in 49 U.S.C. § 821 govern these proceedings before the NTSB. The full Board's decisions may be appealed to a United States court of appeals.

Couldn’t prove a violation in court!

How would they prove you flew past LOS. Violated height and tie it to a particular Drone and user?

I see laws for after the fact enforcement
 
Enforcement of any rules for Drones will be an impossible task. Unless the FAA stumbles upon someone flying in a park and self enforcement won’t work. How will they locate to enforce?

Also, can a representative of the FAA arrest or ticket individuals?

My two cents........Drone on
The FAA has been educating law enforcement agencies (from beat cops to district attorneys) on drone regulations for a few years now. Look up the FAA LEAP program.

In a perfect world, local law enforcement responds to violations and in addition to enforcing any local laws violated, they're supposed to forward any and all drone related incidents to the FAA or local FSDO.
 
Couldn’t prove a violation in court!

How would they prove you flew past LOS. Violated height and tie it to a particular Drone and user?

I see laws for after the fact enforcement
Majority of the time, people post videos of their violations!
 
Couldn’t prove a violation in court!

How would they prove you flew past LOS. Violated height and tie it to a particular Drone and user?

I see laws for after the fact enforcement

The burden of proof in a civil case is much lower than a criminal case. They merely need a "preponderance of evidence" and a judge willing to impose a sentence.

It could be as simple as your word against that of a law enforcement agent. Just like if you were cited with running a stop sign -- there is no physical proof of the violation and none is needed. The witness testimony from the officer is often sufficient and irrefutable.

It's a situation to be avoided at all costs.
 
Is it possible for enforcement to find out from DJI who’s drone was flying at a certain location and time to find out who the offender is? And I here about certain software that listens DJI’s grip on your drone without affecting warranties would that software stop any ownership tracking?
Curious???
 
  • Like
Reactions: DrDrew3
Is it possible for enforcement to find out from DJI who’s drone was flying at a certain location and time to find out who the offender is? And I here about certain software that listens DJI’s grip on your drone without affecting warranties would that software stop any ownership tracking?
Curious???


The leading technology to identify airborne drones is called DJI Aeroscope. It can identify drones from different manufacturers as well as the location of the RC/pilot. They are fairly expensive and limited in quantity but as they become mass produced that will change.

DJI is pushing the units heavily to protect it's market share by being the "good guys" who are partners with law enforcement. Eventually they will be able to take control of a rogue drone that poses a threat.

In short order scofflaws and the the like will hack their drones to evade Aeroscope. DJI will counter with more sophisticated hardware. You know the cat and mouse game by now.

Eventually government will step in and require all drones to have on board ID transmitters and criminalize anybody flying a ghost drone. Seems like we should hope the technology works because the alternative is to ban consumer drones altogether.

Right now there's more drone haters than drone lovers. Enjoy it while you can.
 
This is an interesting topic but a bit vague.
What are we talking about here? Violation of what, what level warrant law enforcement to get involved?
Me flying my drone off the side of the road to take some sunset pictures at 450 feet? Are they using a range finder?
Cops have better things to do than chase drone pilots.
Who will pay for the enforcers/man power?... municipalities? citizens will not foot the bill.
The only violation I could think of is interference with airport operations/ manned aircraft.
Your average photo/drone enthusiast does not give a flying [Language Removed by Moderator] about FAA. I bet most do not even know about required FAA registration/ labeling the drone.
Furthermore, If you see a drone at 300 feet buzzing around at 30+ m/h, how do you know where the pilot is?
Good luck tracking it down.
 
Last edited by a moderator:
  • Like
Reactions: mereflyer
Violation of what, what level warrant law enforcement to get involved?

Rules are rules! Is you flying at 450' any less of a problem than you flying at 550'? 650'? 1050'? Where does it become a problem to you?

Thank goodness most well intentioned sUAS operators do care and try to operate within the rules. I look forward to the day when the FAA starts enforcing the rules and making examples out of those who simply don't care. Thank goodness most DO CARE!!
 
Is it possible for enforcement to find out from DJI who’s drone was flying at a certain location and time to find out who the offender is?
DJI have no way to know who flies where, unless you choose to upload your flight data to them.
Your drone and controller have no way to communicate with DJI.
And I hear about certain software that listens DJI’s grip on your drone without affecting warranties would that software stop any ownership tracking? Curious???
Presumably you mean loosens? and you are referring to hacking DJI firmware.
SInce DJI already don't have a way to track you, hacking firmware won't make any difference.

ps .. if you hack your firmware, that's likely to affect any warranty cover.
 
So far over 1.3 million owners have registered with the FAA
includes all RC aircraft? those that normally not flown out of LOS, the helis and park flyers, fixed wings.
 
includes all RC aircraft? those that normally not flown out of LOS, the helis and park flyers, fixed wings.

But that # is WAY under stated because if you're a HOBBY flyer you only register yourself (a single registration #). Those who have more than (1) aircraft are only consuming a single registration # for all of your hobby aircraft. I'd say you could easily triple (or more) that # of registered aircraft.
 
  • Like
Reactions: DrDrew3
DJI have no way to know who flies where, unless you choose to upload your flight data to them.
Your drone and controller have no way to communicate with DJI.

Presumably you mean loosens? and you are referring to hacking DJI firmware.
SInce DJI already don't have a way to track you, hacking firmware won't make any difference.

ps .. if you hack your firmware, that's likely to affect any warranty cover.

7fbe2b421fc73b5266687178abdb29c0.jpg

NLD claims to have no affect on warranties?? A cat and mouse game.... I’m not tech enough to mess with that stuff... to much money invested to take chances.
 
NLD claims to have no affect on warranties?? A cat and mouse game.... I’m not tech enough to mess with that stuff... to much money invested to take chances.
And if you were to attempt a warranty claim and DJI can't read any flight data?
Or if they can and see that you were climbing/descending/flying faster/higher than the manufacturers specs?
That might have some effect on your chances of a warranty claim ??
 
And if you were to attempt a warranty claim and DJI can't read any flight data?
Or if they can and see that you were climbing/descending/flying faster/higher than the manufacturers specs?
That might have some effect on your chances of a warranty claim ??

True....true.... I guess the data would at that point have to be unretrievable before sent in for a warranty claim... lol.... Something I personally don’t have to worry about.... probably nothing short of an EMP pulse I’m sure.... haaaa
 
Lycus Tech Mavic Air 3 Case

DJI Drone Deals

New Threads

Members online

Forum statistics

Threads
131,836
Messages
1,566,826
Members
160,686
Latest member
deepdark