I don't see much ambiguity in "Failure to provide the document for inspection is unlawful..."
Here's the relevant section of the actual CFR that Part 107 pilots must abide by.
Sure, it is "unlawful" under federal law. Federal law that local law enforcement has no authority to enforce.
The Playbook previously referenced advises several times that local LE can ask for documentation, and other questions, but the only recourse specified is to “pass the information on to the FAA for investigation.” Neither the Playbook, nor the CFR, give the local LE any enforcement authority.
The Playbook and Part 107 do conflict on whether a pilot must provide anything to local LE, as the Playbook specifies “
drone pilot IS NOT required by federal regulation to make their UAS FAA Remote Pilot Certificate available.” While the CFR says, “Present his or her remote pilot certificate with a small UAS rating and identification that contains the information listed at § 107.67(b)(1) through (3) for inspection upon a request from - Any Federal, State, or local law enforcement officer;”.
Regardless of the disparity, violation of the federal regulation is not subject to local LE authority. Local LEs have no authority to enforce it.
I acknowledge that puts the local LEs in an awkward position, but that’s what we have.
Larger quotes of the Playbook and CFR are below:
FAA Drone Response Playbook for Public Safety, September 2020, includes:
“If law enforcement comes in contact with a drone pilot/operator, they can:
* Ask the pilot/operator to see proof of registration of the aircraft
* Ask to see the waiver for drone operations within the TFR
While law enforcement can ask, a UAS or drone pilot IS NOT required by federal regulation to make their UAS FAA Remote Pilot Certificate available.
If law enforcement officials suspect a drone operator of violating any federal law, they should pass the information on to the FAA for investigation.”
“Law enforcement and public safety officials may ask pilots operating under Part 107 (typically aircraft weighing under 55 lbs and not operated as a recreational or public/government aircraft) for their FAA Remote Pilot Certificate. However, they are not currently required by federal regulation to make their certificate available.”
“Law enforcement officials may ask drone operators for the aircraft’s registration documentation. Failure to provide the document for inspection is unlawful and the operation or proposed operation should cease.”
“Law enforcement may ask to see a UAS operator’s FAA approved Certificate of Waiver or Authorization (COA).”
[bold added]
Title 14, Chapter I, Subchapter F, Part 107, Subpart A
§ 107.7 Inspection, testing, and demonstration of compliance.
(a) A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must—
(1)
Have in that person's physical possession and readily accessible the remote pilot certificate with a small UAS rating and identification when exercising the privileges of that remote pilot certificate.
(2)
Present his or her remote pilot certificate with a small UAS rating and identification that contains the information listed at § 107.67(b)(1) through (3) for inspection upon a request from—
(i) The Administrator;
(ii) An authorized representative of the National Transportation Safety Board;
(iii) Any Federal, State, or
local law enforcement officer; or
(iv) An authorized representative of the Transportation Security Administration.
(3) Make available, upon request, to the Administrator any document, record, or report required to be kept under the regulations of this chapter.
[snip] [bold added]
[Amdt. No. 107-8, 86 FR 4381, Jan. 15, 2021]
