Law enforcement question?

[Jimmytpi]

Hypothetically, boating accident happens and somebody falls in the water cop comes up to me and ask if I can fly my drone up and down the river to see if anybody is bobbing in the water or on the shoreline. I am in D airspace. can I lawfully do that for that police officer? I am a Part 107 pilot so I should know this. my first impression is no because the FAA regulates the air not the police officer but it's an emergency how far can that go?

 

[AMann]

Good question. Do it anyways. Its an emergency situation, especially if its within the first 1/2 hour or so as anyone unconscious face down in the water still has a chance of being resuscitated. Trust me, you don’t want a “I should have done it...” haunting you for the rest of your life if any victims were recovered later on, especially a child. I know this feeling personally...

 

[Shon]

Hypothetically, boating accident happens and somebody falls in the water cop comes up to me and ask if I can fly my drone up and down the river to see if anybody is bobbing in the water or on the shoreline. I am in D airspace. can I lawfully do that for that police officer? I am a Part 107 pilot so I should know this. my first impression is no because the FAA regulates the air not the police officer but it's an emergency how far can that go?

I’m thinking you would still be required to get appropriate authorization. Law enforcement might be able to assit.

I know where I live, the police, Sheriff, and State Highway Patrol ( they assist rural departments) have no shortage of helicopters to fly on scene.

 

[AMann]

I’m thinking you would still be required to get appropriate authorization. Law enforcement might be able to assit.

I know where I live, the police, Sheriff, and State Highway Patrol ( they assist rural departments) have no shortage of helicopters to fly on scene.

Boo...

I’d do it in A airspace if the dang thing would fly. Really, saving a missing kid would be worth the wrath of the FAA later on. Im speaking from personal experience here, too.

There was a small kid that fell into a river where I worked as a river ranger, and the lead guy wouldnt let anyone recover him until they could do it with a boat. It would have been an easy rescue as a certified lifeguard; the water was still and clear in the pool the kid ended up in, but he said no. I regret not doing it anyways.

 

[Shon]

Good question. its an emergency situation, especially if its within the first 1/2 hour or so as anyone unconscious face down in the water still has anchance of being resuscitated. Trust me, uou don’t want a “Inshould have done it...” haunting you for the rest of your life if any victims were recovered later on, especially a child.

I remember a local story where a man waded out into the ocean in an effort to drown himself. The man was in waist deep water. The fire department showed up and sat on the shore, watching the man eventually go unconscious.

They said it wasn’t their jurisdiction and they weren’t allowed to get in the water. A furious bystander eventually entered the water herself and drug the man’s unconscious body back to shore. The man ultimately drown.

Story here:
Alameda police, firefighters watch as man drowns, blame budget cuts for being unable to respond | ABC7 San Francisco Archive | abc7news.com

 

[BD0G]

Think of the "spirit" of the law. The law prohibiting flight in your scenario that the FAA could site might be technically correct and you could be prosecuted , but when the spirit of the law was reviewed and considered there is a very strong chance that you would be exonerated from any and all wrong doing.

Also when Law Enforcement asks you to do something you are required by local law to comply. If an officer directs you to drive through a Red Light to help clear an accident scene you do it!

I would not suggest trolling the banks of local lakes and oceans with your Mavic waiting for a scenario like this to play out as you may be waiting a very long time.

 

[Shon]

Boo...

I’d do it in A airspace if the dang thing would fly. Really, saving a missing kid would be worth the wrath of the FAA later on. Im speaking from personal experience here, too.

There was a anall kid that fell into a river where I worked as a river ranger, and the lead guy wouldnt let anyone recover him until they could do it with a boat. It would have been an easy rescue as a certified lifeguard; the water was still and clear in the pool the kid ended up in, but he said no. I regret not doing it anyways.

I don’t disagree, but this isn’t a binary choice. You can both get authorizarion and fly.

If you can’t? Well you do what you think is right, consequences be ******

 

[BD0G]

Personally , Im not waiting around for authorization. My bird is in the air and I am running to assist if asked. I hope they have some ropes as well cause I am probably hitting the water as well if I see anything.

 

[sar104]

A life threatening emergency is a pretty compelling defense, especially if operating under the direction of LE and whether or not you have a Part 107 certification, as long as the operation doesn't endanger other people or air traffic. I'd ask LE to notify the airport and then fly as requested.

 

[nick007]

Hypothetically, boating accident happens and somebody falls in the water cop comes up to me and ask if I can fly my drone up and down the river to see if anybody is bobbing in the water or on the shoreline. I am in D airspace. can I lawfully do that for that police officer? I am a Part 107 pilot so I should know this. my first impression is no because the FAA regulates the air not the police officer but it's an emergency how far can that go?

As far as the letter of the law goes I believe you always have to have authorization for Class D, however no one would ever fine or cite you for assisting a LEO

 

[Mossiback]

I would do it without hesitation, keeping a watch for other air resources arriving on the scene.

 

[AMann]

As far as the letter of the law goes I believe you always have to have authorization for Class D, however no one would ever fine or cite you for assisting a LEO

I guess he could commander your Mavic, or you could hand the controller to him saying he can use it for official business and let his department deal with it later...

 

[nick007]

I guess he could commander your Mavic, or you could hand the controller to him saying he can use it for official business and let his department deal with it later...

Do cops ever actually commandeer anything in real life? That would be kinda funny to see someone drone jacked by a cop

 

[tmtwomey]

I believe the pilot in command always has the authority to deviate from the regulations if an emergency requires it. This scenario would certainly appear to be an emergency. Keeping in mind flying low over a river would probably not be much of a threat to manned aircraft. I would tell the cop to have his dispatcher immediately notify the airport and then proceed with the search.

 

[Shon]

If you are already there, flying in Class D, wouldn’t you already have authorization?

 

[kadras]

The FAA has an emergency request form for "exigent circumstances." The criteria are:
> The requesting operator must possess a Certificate of Waiver or Authorization (COA) or Part 107 Pilot License
> The UAS operation must support an emergency response or other effort being conducted to address exigent circumstances and that will benefit the public good
> The requested FAA approval cannot be secured via normal processes in time to meet urgent operational needs
For all emergencies, please follow up any email with a phone call to 202-267-8276, which is answered 24/7. The phone number is for the FAA System Operations Support Center (SOSC).

Normally, requested operations must be flown by a governmental entity or sponsored by a government entity

Link to the form:
http://www.faa.gov/uas/advanced_ope...dia/uas-sgi_waiver_approval_request_form.docx

 

[sar104]

The FAA has an emergency request form for "exigent circumstances." The criteria are:
> The requesting operator must possess a Certificate of Waiver or Authorization (COA) or Part 107 Pilot License
> The UAS operation must support an emergency response or other effort being conducted to address exigent circumstances and that will benefit the public good
> The requested FAA approval cannot be secured via normal processes in time to meet urgent operational needs
For all emergencies, please follow up any email with a phone call to 202-267-8276, which is answered 24/7. The phone number is for the FAA System Operations Support Center (SOSC).

Normally, requested operations must be flown by a governmental entity or sponsored by a government entity

Link to the form:
http://www.faa.gov/uas/advanced_ope...dia/uas-sgi_waiver_approval_request_form.docx

The SGI bit is important though - it requires a request from a government agency, and it's not designed to get instant approval of the kind that would be needed in this scenario.

 

[kadras]

I'm pretty sure that if you called the SOSC first, you'd get permission, with the form sent in after the event. And yes, the SGI is important.

 

[tcope]

Also when Law Enforcement asks you to do something you are required by local law to comply.

Technically no... an they do this _all_ of the time. "Open the door", "get out of the car", "show me some ID". You are only required to do these things if given as a lawful order. These can simply be requests as well and not lawful order. In this case, even if a police officer _told_ you to fly illegally, you would not need to do it as it is not a lawful order.

I'm not debating what someone should do or not do, that is up to that person. I'm only pointing out that you don't need to follow every request from a police officer.

 

[Robert Droner]

You are already there flying recreationally so telling LEO you saw something in the water shouldn't be against any rules. Regardless, I would do it in a heart beat.