First New look of FAA Memorandum 2019

[sar104]

My biggest concern is that their lack of enforcement (or at least the appearance of it) takes away some of the "Bite" associated with the restrictions. I mean really, without enforcement, the vast majority are going to remain "business as usual" and just turn their noses up to the law.

It sounds like they are going to try to engage local LE in the enforcement side.

 

[BigAl07]

It sounds like they are going to try to engage local LE in the enforcement side.

Yep and I think that's a great idea but I'm afraid some departments are going to scoff at the added responsibilities etc and look the other way. The good news is that if ATC (or Airport management) calls they have to at least respond.

 

[Montana John]

Please forgive me for posting this SS. I’m sure others have better documentation.
View attachment 72321

Question: what is a fixed site?

 

[BigAl07]

Question: what is a fixed site?

A Dedicated flying site.... not random areas but a fixed and documented flying site (such as an AMA field, approved park etc).

 

[ToddCarey]

This is going to get interesting for people at are not 107 certified. I just checked the B4UFLY app, and it is still directing me to call the local tower. I live in an area with a small private airport which does not have a tower, and I am within 1 mile of the 5 mile radius and not on any approach path. Although I can fly legally around here by using my part 107 and getting an approval from AirMap, it is a real shame for others who are not 107 certified.

 

[Thomas B]

It sounds like they are going to try to engage local LE in the enforcement side.

This could get interesting without a significant training effort.

 

[sar104]

This is going to get interesting for people at are not 107 certified. I just checked the B4UFLY app, and it is still directing me to call the local tower. I live in an area with a small private airport which does not have a tower, and I am within 1 mile of the 5 mile radius and not on any approach path. Although I can fly legally around here by using my part 107 and getting an approval from AirMap, it is a real shame for others who are not 107 certified.

On Friday, presumably, they will cancel AC 91-57A and release AC 91-57B. That should contain clear guidance.

 

[sar104]

This could get interesting without a significant training effort.

Presumably they will just apply their regular "license and registration please" approach, which shouldn't require much additional training.

 

[AMann]

OK - so what this appears to be saying is that within all surface controlled airspace associated with an airport, recreational flight will only be allowed at fixed sites. That's a huge additional restriction on hobbyists given the population density in surface controlled airspace. There are either going to be a lot of people breaking the law or the recreational drone business is in for a big downturn, or both.

This is actually good news. I have some land within controlled airspace, thinking of a good use for it as there currently is only an abandoned artificial palm tree cell tower (yup, only in CA!) on it. I could lease it out for a recreational use growing farm (not really interested in that), or a doggy park and maybe now a fixed site drone flying park

 

[Montana John]

A Dedicated flying site.... not random areas but a fixed and documented flying site (such as an AMA field, approved park etc).

Relief. I was worried that it might have some connection with FBO's. That would really be over my head. So it seems to me that having the 107 certification is going to be an advantage over the recreational pilot standing.

 

[DroningOn]

Presumably they will just apply their regular "license and registration please" approach, which shouldn't require much additional training.

And if the drone flyer is operating outside of federal regulations or doesn’t have or fails to produce said “license and registration“, what then? Under what authority or jurisdiction does a local cop have to do anything? Can they write a citation? Can they arrest? To what court do they issue a summons to appear?

 

[sar104]

And if the drone flyer is operating outside of federal regulations or doesn’t have or fails to produce said “license and registration“, what then? Under what authority or jurisdiction does a local cop have to do anything? Can they write a citation? Can they arrest? To what court do they issue a summons to appear?

https://www.faa.gov/uas/public_safety_gov/public_safety_toolkit/media/FAA_UAS-PO_LEA_Guidance.pdf

 

[BigAl07]

And if the drone flyer is operating outside of federal regulations or doesn’t have or fails to produce said “license and registration“, what then? Under what authority or jurisdiction does a local cop have to do anything? Can they write a citation? Can they arrest? To what court do they issue a summons to appear?

I would say at the very least they can detain you until the Feds arrive to take it over. I would guess they are given power to do more than detain if I were a betting man.

 

[Bryce steiner]

I wonder if they are getting to the point where everyone who wants to operate in the airspace, no matter what reason, will have to be licensed (and possibly insured) - just like driving a car.
With commercialization of deliveries and possibly personal transportation, that might not be a bad idea so it opens it up for new tech and not be behind other areas.

 

[BigAl07]

I wonder if they are getting to the point where everyone who wants to operate in the airspace, no matter what reason, will have to be licensed (and possibly insured) - just like driving a car.
With commercialization of deliveries and possibly personal transportation, that might not be a bad idea so it opens it up for new tech and not be behind other areas.

I don't know if they'll implement Insurance Requirements (they should IMHO) but the rest of it sounds great to me and it could be on the horizon.

I hope they implement an actual Flight Test to prove you can safely fly one before giving licenses in the near future. Without that Part 107 (or any other) license has no real merit other than ensuring you've at least been exposed to the regulations and charts at some time.

 

[DroningOn]

I would say at the very least they can detain you until the Feds arrive to take it over. I would guess they are given power to do more than detain if I were a betting man.

There are still a huge jurisdictional issues at play in all of this that is not addressed by any “tool kit“. Detention of any kind is an arrest.

 

[Montana John]

I don't know if they'll implement Insurance Requirements (they should IMHO) but the rest of it sounds great to me and it could be on the horizon.

I hope they implement an actual Flight Test to prove you can safely fly one before giving licenses in the near future. Without that Part 107 (or any other) license has no real merit other than ensuring you've at least been exposed to the regulations and charts at some time.

The money necessary to implement a system similar to that for automobiles would be hard to come by. I can visualize a system that would requires long drives to test centers and high licensing fees. (Oh, sounds familiar!) Hobbyists might well opt out.

 

[sar104]

There are still a huge jurisdictional issues at play in all of this that is not addressed by any “tool kit“. Detention of any kind is an arrest.

Did you read the FAA guidance? In particular:

However, other law enforcement processes, such as arrest and detention or non-consensual searches almost always fall outside of the allowable methods to pursue administrative enforcement actions by the FAA unless they are truly a by-​

product of a state criminal investigation.​

 

[DroningOn]

Did you read the FAA guidance? In particular:

However, other law enforcement processes, such as arrest and detention or non-consensual searches almost always fall outside of the allowable methods to pursue administrative enforcement actions by the FAA unless they are truly a by-​

product of a state criminal investigation.​

Yes I did and the quote above precisely addresses my point. Joe beat cop had better have an applicable state statute in HIS tool kit if he’s going to go around questioning, citing or arresting drone flyers.

 

[Thomas B]

Yes I did and the quote above precisely addresses my point. Joe beat cop had better have an applicable state statute in HIS tool kit if he’s going to go around questioning, citing or arresting drone flyers.

Despite the fact that FAA regs control the air from the ground up, many communities have made laws. LEO is charged with enforcing them, even if they are not valid.
For example, there’s a forest of local laws in AZ despite the overriding state law stating that only the state can regulate.
Pity the LEOs that have to sort it all out in taking field actions.