Transport Canada Enforcement Officer

[tvdwouw]

Do I understand correctly one can only fly in Canada after a theory test locally in a classroom? It would make it impossible for tourists like me from Europe to fly at all! And that in such a wonderful country!
It seems there is a tendency to restrict flying drones for safety reasons while the number of people killed by drones can be counted on one hand (wordlwide), while the number of people killed by small aircraft and choppers is much much much higher!
Some irresponsible people ruin things for the majority of well-willing hobbyists and pros. A decent knowledge about safety, flying and privacy is a must in my view, but it seems laws and regulations are set up by drone haters.

 

[timinator]

Do I understand correctly one can only fly in Canada after a theory test locally in a classroom? It would make it impossible for tourists like me from Europe to fly at all! And that in such a wonderful country!
It seems there is a tendency to restrict flying drones for safety reasons while the number of people killed by drones can be counted on one hand (wordlwide), while the number of people killed by small aircraft and choppers is much much much higher!
Some irresponsible people ruin things for the majority of well-willing hobbyists and pros. A decent knowledge about safety, flying and privacy is a must in my view, but it seems laws and regulations are set up by drone haters.

You could likely fly a Mavic mini. No license or registration requirement. As for the OP, don't tell them what you were flying.

 

[Ex Coelis]

I checked your link but itlooks like we still have to answer a lot of questions I think our pilot certificate should be a one time thing with only a renewal with a small fee . I'm in Canada so the regulations are not the same as USA

The online training is simple, easy and free. Why would you be opposed to being current in you knowledge and skills?

 

[dronefreak2020]

Where on the transportation site did you see free training for the small basic drone pilots ?

 

[Lionfish]

ok bobby white Amherst ns look me up and I will add you

Ok I. shall look you up .
Where in Canada are you located ?.

 

[dronefreak2020]

Amherst nova scotia just put my name in the search box on face book and you will find me lol

 

[MAvic_South_Oz]

I received an email from a Transport Canada Enforcement Officer
They wanted me to provide information of the drone operator and a summary of the incident.

Sounds like what happened to our NZ friend THE WOMBLE . . .

CAA requesting flight log details

I have been asked to provide flight log details of a couple of YOUTUBE uploads. Can I delete them from my remote and say I haven't got any records. Only keep a video record of the flights.

mavicpilots.com

That was his only post in that thread, almost his last post made here back in December.
He made a quick Christmas post after this one, and that's it (hope he is doing ok with NZ CAA).

And I hope you don't get any further follow up from TC.

i have yet to get a reply from them. Torn between leaving it be or following up with them. the same goes for my youtube channel. keep it down or put it back up. Most of my videos sit in that grey area of being legal or not

In all honesty, TC would have got all the info they wanted from a flight or flights before contacting you.
I would make the videos public again, it just makes you look like you are hiding something, when you are likely not.

I'd be extra vigilant about legality of flights taken now, just err on the side of caution a little more to ensure you are not approached again.

It must be a bit worrying not hearing back from TC, so maybe you should follow up, it'll show your concern about their initial inquiry.
Did you get a name and number from the person there ?

Without that, you might be going through a whole lot of other people and maybe then it's better to just wait it out, fly cautiously etc, still keep making and posting video as you like.

 

[Ex Coelis]

Where on the transportation site did you see free training for the small basic drone pilots ?

Once again, this link...

https://www.tc.gc.ca/en/services/aviation/general-operating-flight-rules/flight-crew-recency-requirements-self-paced-study-program.html

It’s not specific trg for RPAS pilots; it’s a recency review and trg tool for all pilots, and it meets the requirements of Part IX of the CARs. Try it, it’s worth the small bit of effort, and it’s free.

 

[Chip]

...TC would have got all the info they wanted from a flight or flights before contacting you...

The only thing is its difficult for government to prosecute someone for trespass or reckless flying from just a youtube video. They have to be able to put the controller in your hand during the flight to prosecute the typical case. If you admit to being the pilot in a letter or email like this then you are helping to make a case against yourself. I would not criticize anyone for deciding to cooperate if they feel its the right thing to do for any reason. But I would also not criticize anyone for deciding not to cooperate either. I dont know if Canada has a public records law but I would definitely look into that as suggested above. If it works like ours does (at least at state level), then you may be able to get the answers you want pretty quick. Good luck and take care OP!

 

[Chip]

I looked up FAA policy on "letters of investigation." Pasted a few excerpts below.

U.S. DEPARTMENT OF TRANSPORTATION ORDER
FEDERAL AVIATION ADMINISTRATION 2150.JC National Policy Effective Date: 09/18/18

Order 2 l 50.3C sets forth policies and procedures relevant to the Federal Aviation Administration's compliance and enforcement program. The order applies to the compliance and enforcement programs and activities of all FAA offices that have statutory and regulatory compliance and enforcement responsibilities....


6. Letter of Investigation and Response. An LOI provides a person with notice that the person
is under investigation for an apparent statutory or regulatory violation. If the person is an airman,
an LOI provides PBR notification. Additionally, an LOI provides the person with an opportunity
to respond to the contents of the letter. Learning “the other side of the story” early in the
investigation is to everyone’s advantage. Inviting input also helps to show that the FAA is
conducting the investigation fairly and impartially. Investigative personnel issue an LOI to a
person when it appears that administrative or legal enforcement action is warranted for the
person’s apparent statutory or regulatory violation.

Chapter 4. Investigations of Violations

b. Pilot’s Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

(iii)No action or adverse inference can be taken against the individual for
declining to respond to an LOI;

(iv)Any response to an LOI or to an inquiry made by a representative of the
Administrator by the individual may be used as evidence against the individual.

Excerpts from:

https://www.faa.gov/documentLibrary/media/Order/FAA_Order_2150.3C.pdf

 

[timinator]

I looked up FAA policy on "letters of investigation." Pasted a few excerpts below.

U.S. DEPARTMENT OF TRANSPORTATION ORDER
FEDERAL AVIATION ADMINISTRATION 2150.JC National Policy Effective Date: 09/18/18

Order 2 l 50.3C sets forth policies and procedures relevant to the Federal Aviation Administration's compliance and enforcement program. The order applies to the compliance and enforcement programs and activities of all FAA offices that have statutory and regulatory compliance and enforcement responsibilities....


6. Letter of Investigation and Response. An LOI provides a person with notice that the person
is under investigation for an apparent statutory or regulatory violation. If the person is an airman,
an LOI provides PBR notification. Additionally, an LOI provides the person with an opportunity
to respond to the contents of the letter. Learning “the other side of the story” early in the
investigation is to everyone’s advantage. Inviting input also helps to show that the FAA is
conducting the investigation fairly and impartially. Investigative personnel issue an LOI to a
person when it appears that administrative or legal enforcement action is warranted for the
person’s apparent statutory or regulatory violation.

Chapter 4. Investigations of Violations

b. Pilot’s Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

(iii)No action or adverse inference can be taken against the individual for
declining to respond to an LOI;

(iv)Any response to an LOI or to an inquiry made by a representative of the
Administrator by the individual may be used as evidence against the individual.

Excerpts from:

https://www.faa.gov/documentLibrary/media/Order/FAA_Order_2150.3C.pdf

None of this actually applies to the OP since he is in Nova Scotia Canada.

 

[Chip]

None of this actually applies to the OP since he is in Nova Scotia Canada.

Yes, I was aware OP is in Canada so he is not flying under FAA regulation. But, the investigative process and the rights of the suspect are similar in both countries. Canada has same right to remain silent as we have in USA. I bet the investigative regs governing the two agencies are similar too including :

No action or adverse inference can be taken against the individual for
declining to respond to an LOI;

Any response to an LOI or to an inquiry made by a representative of the
Administrator by the individual may be used as evidence against the individual.

 

[Chip]

Here is excerpt from FAA guidelines covering investigation and proof of reckless flying. Note that the first task on the FAA list is to ID pilot/operator. Getting a letter from the government asking whether you are the person who piloted the drone in a video has the same implication whether you live in Canada or USA.

No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.” Figure 4-2 breaks down the elements of this regulation.

Figure 4-2: Elements of an Independent Violation of 14 C.F.R. § 91.13(a).

Identify the person who operated the aircraft

https://www.faa.gov/documentLibrary/media/Order/FAA_Order_2150.3C.pdf

 

[HiramAbiff]

Do I understand correctly one can only fly in Canada after a theory test locally in a classroom? It would make it impossible for tourists like me from Europe to fly at all! And that in such a wonderful country!
It seems there is a tendency to restrict flying drones for safety reasons while the number of people killed by drones can be counted on one hand (wordlwide), while the number of people killed by small aircraft and choppers is much much much higher!
Some irresponsible people ruin things for the majority of well-willing hobbyists and pros. A decent knowledge about safety, flying and privacy is a must in my view, but it seems laws and regulations are set up by drone haters.

This is from Transport Canada's website:
If you are a foreign operator (that is, you are not a Canadian citizen, permanent resident or a corporation incorporated by or under federal or provincial and you want to fly in Canadian airspace), you must have an approved SFOC to fly a drone for any purpose (recreational, work or research).

You must already be allowed to use the drone for the same purpose in your home country. Include your country’s approval or authorization with your application for the SFOC.
----

However, they also say they are not taking in applications from visitors to Canada to fly a drone for recreational purposes. Commercial is fine. This will be re-evaluated in January 2021. Not sure why.

 

[RkyMtnHigh]

Possibly a complaint/concern from a passenger on-board the ferry that noticed a drone flying around it? In this day and age of security concerns it could be the government following-up on a complaint.

 

[timinator]

Possibly a complaint/concern from a passenger on-board the ferry that noticed a drone flying around it? In this day and age of security concerns it could be the government following-up on a complaint.

It's also entirely possible that the TC inspector noticed something about the operation of the vessel and may need to validate the authenticity of the video for enforcement action regarding the marine operator. Without seeing the video, we'll never know.

 

[RkyMtnHigh]

It's also entirely possible that the TC inspector noticed something about the operation of the vessel and may need to validate the authenticity of the video for enforcement action regarding the marine operator. Without seeing the video, we'll never know.

I've seen the video and personally didn't see any issues with it, but I'm not trained to look for particular things like that, especially in Canada.

 

[Physopto]

I have just read this post. I would have asked "What Incident ? Please specify" before any more correspondence was passed between yourself and whoever they may be.

You do not know what the incident is and you have apparently said that yes you were the operator at that time. You may have admitted to some incident that is totally fictitious and damaging to you personally!
Furthermore I would not deal with this by email only written documentation.

 

[uwecavok]

I checked your link but itlooks like we still have to answer a lot of questions I think our pilot certificate should be a one time thing with only a renewal with a small fee . I'm in Canada so the regulations are not the same as USA

Hi dronefreak2020. I'm a newb here on this forum but just my personal opinion, I don't think they will go for it. I don't think they are looking for a revenue generator (like charging every year for a fishing or hunting licence or every few years for a new driver's licence). It is viewed as an aircraft and you as a pilot operating in the national airspace system shared with other aircraft operations, and require all pilots of aircraft to do a review every two years. I see they have a new questionnaire for RPAS pilots although I haven't gone through it. Save your money, get back into the books.

 

[teeroy]

@blackomega was there a resolution to this inquiry from Transport Canada?