Feds Prosecute Drone Pilot for Mid-Air Collision (U.S. v Hernandez)

[Deleted member 114292]

How he got caught.

- Drone Law and Drone Attorney Assistance

The copy of the criminal complaint is located here. On Wednesday, a federal complaint was filed in the Central Federal District Court of California charging Andrew Hernandez with unsafe operation of an unmanned aircraft. It alleges that around 12:35 a.m. a Los Angeles Police Department...

jrupprechtlaw.com

 

[bkushner]

Here's the pertinent file.

 

[icecoldgin]

WIth his confession as stated in the complaint, looks like he will enter into plea bargaining. No mention him being a licensed drone pilot also.

Curiousity killed the cat and in this case, it will mean sure jail time for the offender.

 

[DanMan32]

He doesn't need a license, only a registration, assuming he was flying recreationally and would have been otherwise legal to do so and not needing to have 107 to fly there if there were not air traffic.

 

[icecoldgin]

He doesn't need a license, only a registration, assuming he was flying recreationally and would have been otherwise legal to do so and not needing to have 107 to fly there if there were not air traffic.

Sorry about that. I stand corrected and drone should be registered. License is only if going commercial, correct?

 

[Tony McDrone]

He doesn't need a license, only a registration, assuming he was flying recreationally and would have been otherwise legal to do so and not needing to have 107 to fly there if there were not air traffic.

But what about lights? He wouldn’t have needed lights that allow for at least 3 miles of visibility, recreational or otherwise?

 

[Corsair415]

But what about lights? He wouldn’t have needed lights that allow for at least 3 miles of visibility, recreational or otherwise?

According to this, if flying recreationally, you only need lights that allow you to see the drone’s location and orientation.

 

[Tony McDrone]

Title 14 CFR 107.29 Small UAS Daylight Operation.
(a) No person may operate a small unmanned aircraft system during night.

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles . . .
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[Corsair415]

Title 14 CFR 107.29 Small UAS Daylight Operation.
(a) No person may operate a small unmanned aircraft system during night.

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles . . .
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That only applies to those operating under Part 107, right?

 

[Cymruflyer]

That only applies to those operating under Part 107, right?

Right. Does not apply to a recreational flyer.

 

[karlblessing]

That only applies to those operating under Part 107, right?

Doesn't recreational still require lights for orientation at night flight? (which course means a single anti-collision light isn't going to be enough to determine orientation).

 

[Corsair415]

Doesn't recreational still require lights for orientation at night flight? (which course means a single anti-collision light isn't going to be enough to determine orientation).

Night flight requires zero anti-collision lights for recreation. Many drones come with lights that’ll allow you to determine orientation. If you go far enough away that they become ineffective, then that’s when you’ll need to add more powerful lighting.

 

[karlblessing]

Night flight requires zero anti-collision lights for recreation. Many drones come with lights that’ll allow you to determine orientation. If you go far enough away that they become ineffective, then that’s when you’ll need to add more powerful lighting.

Was going off of their website #6 ( Recreational Flyers & Modeler Community-Based Organizations ):

"Do not fly at night unless your drone has lighting that allows you to know its location and orientation at all times."

 

[Corsair415]

Was going off of their website #6 ( Recreational Flyers & Modeler Community-Based Organizations ):

"Do not fly at night unless your drone has lighting that allows you to know its location and orientation at all times."

That completely aligns with what I wrote. ??‍

 

[dronerdave]

Yes, but it's vague and probably on purpose. RC fixed wing recreational aircraft fall into the same rules and night flying is and has been a common hobby among the fixed wing crowd for years. Too many feel this is a drone only rule...it isn't. The FAA now considers all fixed wing RC aircraft as drones. I think the wording drone is pointed toward drone operators for obvious reasons.


6. Do not fly at night unless your drone has lighting that allows you to know its location and orientation at all times.

As far as orientation, one can argue about the term. One method would be to use colored strobes similar to full sized aircraft but a different thought might be if a single strobe flash or lighting system is enough to maintain VLOS and aid in navigation. It is not specified. So if I can see the aircraft, I can see its movement therefore I can determine its orientation to fly safely and aid in giving way to manned aircraft.