Man Cited for Using Drone Above Lava Flow in Hawaii

[ruggb]

I am a HAM. My wife is not. If there is an emergency, she can operate my HAM transmitter.
Basically, all bets are off in emergency situations. I am guessing that applies here.

Actually, I just read the FAA rules. It is clearly stated. FAA Rules in Emergency situations, as with any service, go away. But don't be stupid.

Abnormal and Emergency Situations
Follow any manufacturer guidance for appropriate response procedures in abnormal or emergency situations. In case of an in-flight emergency, the Remote PIC is permitted to deviate from any rule of part 107 to the extent necessary to meet that emergency. FAA may request a written report explaining the deviation.

 

[ruggb]

Who is the victim here, and how were they damaged?

probably no one - the point of the TFR is to keep the skies clear for emergency vehicles. Is it over restrictive - probably, but I would guess they figure there isn't enough resources to handle air traffic control in the area.

 

[neggy]

Actually, I just read the FAA rules. It is clearly stated. FAA Rules in Emergency situations, as with any service, go away. But don't be stupid.

Abnormal and Emergency Situations
Follow any manufacturer guidance for appropriate response procedures in abnormal or emergency situations. In case of an in-flight emergency, the Remote PIC is permitted to deviate from any rule of part 107 to the extent necessary to meet that emergency. FAA may request a written report explaining the deviation.

That is not a carte blanche the rules go out the window pass. It is for SINGLE events in flight.

The same rule applies to all aviation, and what it does is gives a pilot permission to break the rule to prevent an accident or other incident.

Here is an example:

You are at 399' AGL as a part 107 pilot, a bird comes at your drone. Knowing birds will see a decrease in altitude as an opportunity to attack, you climb above 400' AGL to keep the aircraft from being lost.

This is also why you never hard limit your altitude if you are flying at that height, set the controller to 500' so you have the option to go up to avoid another aircraft or object.

If you had a military jet come at you at 340' AGL, and you did not want to go down because the drone climbs faster than it descends,in order to avoid the jet you go up and end up over 400' AGL this is legal, you have avoided the jet, which has the right of way,and by climbing you are not going to crash due to wing vortices or the turbulence in back of the plane that sinks and disrupts the air as it does so if you were to go left, right, or down