We should seriously discuss this. And use it. Thoughts from the Mavic Pilot community?
Possibly a mitigant to a common topic now. Mass use may seriously reduce the problem.
Once a licensed Pt. 107 UAS pilot, you are legally an airman and an aircraft pilot. You are legal aircrew. Your legally registered plane/craft with the proper FA# attached is also a legal airplane under Dept. Of Transportation, FAA and US Code. You are listed in the IACRA database as a pilot.
You will be a legal pilot flying a legal aircraft. The USC and FAA make no stepwise or otherwise truncated separation between UAS and manned pilots. We are held to the same aviation law, responsibilities and accountabilities. We carry legal jeopardy as a pilot now.
UAS is about to become very large and saturated into transportation and logistics. UAS pilots are gaining in value today just for the 600+ applications used now for their skill. And the many hundreds of lives saved by UAS pilots. This is before the new UAS platforms are fully integrated into Cat. IV UAS deliveries for top 100 companies like FedEx, UPS, DHL, Amazon, Wal-Mart, Apple, Google, and more.
Subsequent to the critical nature and need for qualified pilots and aircrew, the Code Of Federal Regulations (CFR) has adjudication measures to further the maintenance, retention and defense of qualified pilots and aircrew.
The following is one small aspect of that already known to manned pilots and it equally applies to UAS pilots.
Example:
If while flying legally, a person approaches you and wishes to call the police on themselves for their violations of (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.) aviation law, you may submit the following information to the responding law officer to assist him/her in their duties of prosecuting the individual. It is recommended you just print off your own multiple copies of the legal statutes 49 U.S. Code § 46504 to give to the authorities as they may not yet be versed in aviation law as we pilots and aircrew are. If there is clearly a crime committed, police officers are generally happy to prosecute it. They just need to see what law was violated.
The individual calling the police on themselves while trying to interfere with your UAS safe and legal operation will learn this.
You may feel free to have other charges made like disorderly conduct, harassment, and disturbing the peace, among others. And shooting at ANY airplane is a Federal Crime no matter the location or circumstances.
Jurisprudence:
(Title 18 excerpted)
An individual in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of theaircraft, or interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.)
Interfering with a FAA licensed pilot in the performance of his or her safe and legal duties.
Civil or criminal acts? Let the courts tell them.
Interference. The maximum civil penalty for interfering with a crewmember is a fine of up to $25,000. (49 U.S.C. § 46318.)
To impose a fine, the FAA files a notice of a proposed civil penalty. The offender can request a hearing, which will be held before a federal Administrative Law Judge (ALJ). Usually, both the FAA and the offender are allowed to present evidence, and the offender can (and should) be represented by an attorney. After a hearing, the judge announces his or her decision, and sometimes issues a written decision. If either the offender or the FAA requests review, the FAA Administrator reviews the judge's decision. Either party may then appeal the Administrator's decision by filing an appeal in a Federal Court of Appeals.
———
Consider keeping a copy with you of the FAA 20-page Drone Response Playbook For Public Safety document. It is the same full copy given to Law Enforcement and tells them their duties under FAA regarding UAS.
Possibly a mitigant to a common topic now. Mass use may seriously reduce the problem.
Once a licensed Pt. 107 UAS pilot, you are legally an airman and an aircraft pilot. You are legal aircrew. Your legally registered plane/craft with the proper FA# attached is also a legal airplane under Dept. Of Transportation, FAA and US Code. You are listed in the IACRA database as a pilot.
You will be a legal pilot flying a legal aircraft. The USC and FAA make no stepwise or otherwise truncated separation between UAS and manned pilots. We are held to the same aviation law, responsibilities and accountabilities. We carry legal jeopardy as a pilot now.
UAS is about to become very large and saturated into transportation and logistics. UAS pilots are gaining in value today just for the 600+ applications used now for their skill. And the many hundreds of lives saved by UAS pilots. This is before the new UAS platforms are fully integrated into Cat. IV UAS deliveries for top 100 companies like FedEx, UPS, DHL, Amazon, Wal-Mart, Apple, Google, and more.
Subsequent to the critical nature and need for qualified pilots and aircrew, the Code Of Federal Regulations (CFR) has adjudication measures to further the maintenance, retention and defense of qualified pilots and aircrew.
The following is one small aspect of that already known to manned pilots and it equally applies to UAS pilots.
Example:
If while flying legally, a person approaches you and wishes to call the police on themselves for their violations of (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.) aviation law, you may submit the following information to the responding law officer to assist him/her in their duties of prosecuting the individual. It is recommended you just print off your own multiple copies of the legal statutes 49 U.S. Code § 46504 to give to the authorities as they may not yet be versed in aviation law as we pilots and aircrew are. If there is clearly a crime committed, police officers are generally happy to prosecute it. They just need to see what law was violated.
The individual calling the police on themselves while trying to interfere with your UAS safe and legal operation will learn this.
You may feel free to have other charges made like disorderly conduct, harassment, and disturbing the peace, among others. And shooting at ANY airplane is a Federal Crime no matter the location or circumstances.
Jurisprudence:
(Title 18 excerpted)
An individual in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of theaircraft, or interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, § 811(i), Oct. 26, 2001, 115 Stat. 382.)
Interfering with a FAA licensed pilot in the performance of his or her safe and legal duties.
Civil or criminal acts? Let the courts tell them.
Interference. The maximum civil penalty for interfering with a crewmember is a fine of up to $25,000. (49 U.S.C. § 46318.)
To impose a fine, the FAA files a notice of a proposed civil penalty. The offender can request a hearing, which will be held before a federal Administrative Law Judge (ALJ). Usually, both the FAA and the offender are allowed to present evidence, and the offender can (and should) be represented by an attorney. After a hearing, the judge announces his or her decision, and sometimes issues a written decision. If either the offender or the FAA requests review, the FAA Administrator reviews the judge's decision. Either party may then appeal the Administrator's decision by filing an appeal in a Federal Court of Appeals.
———
Consider keeping a copy with you of the FAA 20-page Drone Response Playbook For Public Safety document. It is the same full copy given to Law Enforcement and tells them their duties under FAA regarding UAS.