Title 49/107

[PoonDog]

Im not trying to stir anything or anyone up, But, there is alot of talk about 107 certificate's and I have been trying to figure out what agency is responsable for the enforcement of title 49 or 107 ?
from what I have read title 49 is a regulation and not a law. .sometimes refered to as cival law. this would indicate that someone could sue you for violateing a regulation, but nobody actually has the power of arrest. Im not particulary concerned ether way, just curious.

 

[hansinla]

It's title 14 CFR part 49 or title 14 CFR part 107. The FAA is enforcer of these regulations.

 

[superstarpup]

49 CFR Part 107 - PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES

www.law.cornell.edu

 

[sar104]

It's 14 CFR Part 107, not 49, and it codifies Section 333 of Public Law 112-95. It's federal administrative law.

 

[Thomas B]

It's 14 CFR Part 107, not 49, and it codifies Section 333 of Public Law 112-95. It's federal administrative law.

And as I understand it, local police depts are empowered by FAA to enforce it.

 

[PoonDog]

OK, thanks for the response, Im old and easly confused (not). I was in Law Enforcement for 21 years and I dont recall ever having to enforce a regulation. The only thing i can think of would be "Reckless Endangerment" if you were flying in a manner that endangers persons or property. Police do not enforce cival law unless something has changed since I retired.
Anyway, thanks for the response
Fly Safe.

 

[DroningOn]

And as I understand it, local police depts are empowered by FAA to enforce it.

Citation please

I didn’t realize that a Washington bureaucrat had the ability to empower my local police department to do anything. What’s next? Can the IRS “empower” a cop to demand to see my federal tax return during a traffic stop?

 

[BigAl07]

Citation please

I didn’t realize that a Washington bureaucrat had the ability to empower my local police department to do anything. What’s next? Can the IRS “empower” a cop to demand to see my federal tax return during a traffic stop?

While LOCAL LEO can't enforce Federal Regulations the FAA has given clear guidance to all local LEO (state levels down to city/municipal LEO) on how to handle, address, investigate, and REPORT the incident to the FAA. I'll leave that to you to look up as it's literally a 5-word Google search and it pulled up the correct info (twice) in the first TWO search results.

Look at it like this.. take the words Drone/sUAS/Aircraft out of the equation and handle it like that. If they are breaking local law then proceed as normal. If they appear to be breaking Federal Law then cease the activity, document the evidence, and REPORT it to the FAA.

The whole IRS/cop is a pointless argument.

 

[PoonDog]

Citation please

I didn’t realize that a Washington bureaucrat had the ability to empower my local police department to do anything. What’s next? Can the IRS “empower” a cop to demand to see my federal tax return during a traffic stop?

They Dont.

 

[PoonDog]

I guess Im dense but handle, investigate and report to faa? sounds like local cops are investigating a regulatrion? Maybe Homeland Security or the FBI would investigate but I doubt it.
As I stated before, Local law enforcement, Homeland Security and the FBI probably have alot more to do than worry about someone selling pictures in violation of 107.About as important as jay walking.

Of course, things may have changed ,but, in those days UAV's were somewthing you swung around on a string.

 

[sar104]

I guess Im dense but handle, investigate and report to faa? sounds like local cops are investigating a regulatrion? Maybe Homeland Security or the FBI would investigate but I doubt it.
As I stated before, Local law enforcement, Homeland Security and the FBI probably have alot more to do than worry about someone selling pictures in violation of 107.About as important as jay walking.

Of course, things may have changed ,but, in those days UAV's were somewthing you swung around on a string.

I think you need to read the FAA LE guidance - it will answer your questions:

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

 

[superstarpup]

I guess Im dense but handle, investigate and report to faa? sounds like local cops are investigating a regulatrion? Maybe Homeland Security or the FBI would investigate but I doubt it.
As I stated before, Local law enforcement, Homeland Security and the FBI probably have alot more to do than worry about someone selling pictures in violation of 107.About as important as jay walking.

Of course, things may have changed ,but, in those days UAV's were somewthing you swung around on a string.

Realistically, you’ll likely only come across a local yokel after a soccer mom gets too bored on Facebook and is scared of the whirring thing and calls the 911 to report the threat to her and her childrens’ lives.

Likely the only time you’ll come across an FBI agent is if you violate a tfr. Beyond that you’d have to do something really stupid to hear from the feds. Just look at how many people don’t just do stupid things, but document stupid things and post evidence of them online on just this website’s video and photo sub forum alone.

 

[Vegasdad]

Realistically, you’ll likely only come across a local yokel after a soccer mom gets too bored on Facebook and is scared of the whirring thing and calls the 911 to report the threat to her and her childrens’ lives.

Likely the only time you’ll come across an FBI agent is if you violate a tfr. Beyond that you’d have to do something really stupid to hear from the feds. Just look at how many people don’t just do stupid things, but document stupid things and post evidence of them online on just this website’s video and photo sub forum alone.

Don’t kid yourself I was at a local drone shop and the feds were their asking questions.

 

[superstarpup]

Don’t kid yourself I was at a local drone shop and the feds were their asking questions.

Enforcement rates say a lot more than anecdotal evidence

 

[sar104]

Enforcement rates say a lot more than anecdotal evidence

But you didn't provide any evidence at all.

 

[superstarpup]

But you didn't provide any evidence at all.

Fair enough.

Enforcement Reports

www.faa.gov

Dig deep and see if you come up with more than one.

Then go in the photo and video sub forum and see how many questionable videos there are, how many obvious videos there are, and how many posters are using The “everyone else is doing it” defense.

 

[sar104]

Fair enough.

Enforcement Reports

www.faa.gov

Dig deep and see if you come up with more than one.

Then go in the photo and video sub forum and see how many questionable videos there are, how many obvious videos there are, and how many posters are using The “everyone else is doing it” defense.

If you just mean legal enforcement then it is currently rare. But the FAA has stated that they are taking an educate rather than enforce approach wherever possible, so that doesn't mean that they are not investigating and following up - they are.

 

[superstarpup]

If you just mean legal enforcement then it is currently rare. But the FAA has stated that they are taking an educate rather than enforce approach wherever possible, so that doesn't mean that they are not investigating and following up - they are.

True, that’s part of their “just culture,” but would still be rare to hear from a fed without violating a tfr. The fsdos are just woefully understaffed and there are way too many people doing dumb things with their drones.

 

[PoonDog]

I think you need to read the FAA LE guidance - it will answer your questions:

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

I don’t have any questions

 

[sar104]

I don’t have any questions

Then why were there question marks in your post that I responded to?