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Dear members of the forum,
I hope this message finds you well. After seeing this image, I have a question regarding the legal implications for drone pilots in certain situations, and I was hoping to gain some insights from the knowledgeable members of this community.
Suppose a drone pilot is flying their drone in an area where it is not permitted or is in violation of other relevant regulations. If a local law enforcement officer located the pilot in the act with the equipment but did not subsequently catch the drone pilot “in the scene,” so to speak, can the Federal Aviation Administration (FAA) mail a ticket or impose fines on the pilot based solely on the report provided by the local law enforcement officer?
No. There needs to be an investigation before any fine or revocation is issued. At best, whoever that particular RID module or drone is registered too will receive a phone call or registered letter.
The FAA has to investigate all reports. So any report forwarded to them would be looked into.
I understand that the FAA has jurisdiction over drone regulations in the United States, and they are responsible for enforcing these rules. However, in cases where the FAA may not have witnessed the violation directly but receives information from local law enforcement, I am uncertain about the legal process they may follow.
Could anyone shed some light on the procedures that the FAA might undertake in such situations? Are there any specific regulations or legal precedents that would apply here?
I greatly appreciate your expertise and insights into this matter. Thank you for your time and assistance!
I am one of the folks the Denver FSDO uses to help people learn the rules when there has been a report. When it's deemed it's simply an educational opportunity, FAA Safety Team Drone Pros are called in to perform that consultation.
If the Drone Pro reports everything went fine, then that's almost always the end of it. If we report back that the person isn't cooperative or open to our assistance, then it can be escalated from there.
The FAA has an unofficial "3 strike" rule when it comes to enforcement. They are a safety and education based agency. They have no criminal enforcement powers. They just want folks to fly safe.
Unless the violation is reckless or intentional in nature, they usually have any educational discussion with the first strike, a forced educational encounter for the second strike, and finally if you get a third strike, it's a "come on down to FSDO, and bring your checkbook and drone. And maybe your lawyer" situation.
But like being pulled over on the highway for a cracked tail light, it can be handled any number of ways. If you're nice to the cop, and promise to get it fixed right away, it's unlikely you'll get a ticket. But if you're a turd and accuse him or her of wasting your time, etc., that cop will take the time to find everything wrong with your car. If you're apologetic and cooperative with an FAA investigation, odds are that's the end of it. If you're not, then that's just the beginning of it.
The FAA has to be able to prove it was you flying that drone in your example, so they can't really do anything about it until that happens. So to answer your question, no, they won't mail you a ticket.
