under investigation
- Thread starter Mazdaman323lx
- Start date
I have not heard of that unless someone crashed into something. Did they contact you out of the blue and ask for flight logs?
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Yes. Did'nt crash or pose any risk to aircraft . Think some landower took exception to my drone being in the area Got the following email
- Who was the UAS Operator and their operator registration number?
- Was the UAS Operator Registration displayed on the drone?
- Remote pilot and their level of training?
- Was this a single person operation(s)?
- Category (and sub-category if applicable) of operation?
- Drone used (Make, model, serial number)?
- Description of the operation (include diagram where appropriate).
- Any other information/ mitigations for the operation.
- Submit Flight logs of flight
BobaFut
Well-Known Member
How did they know who you were? Also, people in the US complain about the FAA but I don't think they have any authority to just demand UAS pilots produce things like flight logs without some sort of evidence of a violation (but I could be wrong).
Well stupidly in hindsight I had a email attached to my channel. I could have ignored the email from them as it wasn't my personal email address , and deleted the channel , but that would be 3 years of hard work , thousands of subscribers down the tubes . Problem now is , now that theyre aware of me they could ask for ALL my other flight logs. I'm sure if they look hard enough they could find some of bvlos issues to hit me with. I co-operated this far as I don't think i did anything majorly wrong , but I will refuse any other requests for other logs going forward . I know you cant delete the logs from your drone , so all my drones will suffer a unfortunate run in with the tide soon . I can replace them on care refresh a lot cheaper than a solicitor and a day in court.
There's nothing on your drones that can be read by anyone except DJI.
The user-readable logs are on your controller or the phone/tablet you fly with and they can be deleted.
I would have a quick look at any applicable Aviation Regulations in your jurisdiction. There may be limits to what they can legally ask for, spelled out in those regulations.
However, generally you cannot refuse to comply.
You may want to engage legal services, there's bound to be lawyers practicing in aviation or regulatory law where you are.
However, if you were complying eith applica le laws, then the records will show this. They're within their purview to ask for certain records.
Be aware that refusing to comply, destroying evidence, deleting logs, etc could bring even more severe penalties.
Your best move if you cannot afford counsel is to comply. You're likely to get some pilot education. Even if they were to fine you, these fines typically are appealable, to a tribunal and not a court, and going by the recent UK case of an egregious BVLOS and controlled airspace violation where the fine was just £1,500, you're not likely to be bankrupted by any compliance.
However, I'm a bit of a goody two shoes when it comes to these things. First, I try not to break laws. Second, I have all my documents and records in order for the very reason that regulstors like to regulate.
Even though you're in Ireland: I'd suggest you watch this video. Something he mentions at 6.20 onwards seems to ring a bell, especially about what the Civil Aviation Authority is now referring to as "...historic offenses..." - something your (and a lot of other peoples) youtube channel(s) might be used to provide 'evidence' of. In the last three years there have been quite a few instances of the FAA trawling through social networking and youtube content before e-mailing / phoning someone and scaring the bejeezus out of them.
Regardless of Botchit (used to be referred to as Brexit), the CAA (my end) and the EASA (your end) still sing from pretty much the same songbook and will continue to do so.
The fact that he mentions "historic flights" seems to indicate that the CAA will want to gain access to DJI fliers UUID account details, as this is the only way they can get access to your flight records without you going all Dudley Do-Right and handing them over like a good boy.
Wonder how long it will be before the golden "...if you ain't done nuthin' wrong - you ain't got nuthin' to be worried about..." gets trotted out? That may well be correct - as long as they look at 'historic flights' while applying 'historic regulations'... but in other areas of the Law: the current vogue is to look at 'historic offenses' while applying 'current regulations'.
The way the wind is blowing, all of us - both sides of the Atlantic are in for an increasingly rough ride over the next couple of years and we (con-sumer/pro-sumer) drone users STILL haven't got ourselves organized into a proper lobby to have a legitimate seat at the Policy table along with all the other 'stakeholders'. We're still like a bunch of cats in a sack.
If it were the F.A.A. in America I would tell you to send all the info you could to them If you believe you were doing nothing wrong at the time you have NO worry, The F.A.A. gets reports from local police by the thousands and if you got your tiny name pulled out of a HUGE hat for investigation Then you are the unlucky probably dozen or so that they actually look into. I don't know about your country but in the U.S. the F.A.A. If they decide to, will investigate the one incident and is not going to Audit your piloting ability or any past regressions.
I know of a first time dumb offender that took his big drone to the beach without permission and flew over everybody. he got arrested, and got a letter from the F.A.A It was his first offense and in the end he received a pretty nasty letter pretty much saying We know who you are and we don't give second chances.
Don't violate BUT also if you do accidentally, Just Cooperate- they won't destroy you financially or throw you in jail and if its your first offense ( without doing stuff like hurting someone or trafficking ) You will in the end receive the nasty letter.
I know of a first time dumb offender that took his big drone to the beach without permission and flew over everybody. he got arrested, and got a letter from the F.A.A It was his first offense and in the end he received a pretty nasty letter pretty much saying We know who you are and we don't give second chances.
Don't violate BUT also if you do accidentally, Just Cooperate- they won't destroy you financially or throw you in jail and if its your first offense ( without doing stuff like hurting someone or trafficking ) You will in the end receive the nasty letter.
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“A remote pilot-in-command, owner, or person manipulating the flight controls of a small unmanned aircraft system must, upon request, make available to the administrator… (2) Any other document, record, or report required to be kept under the regulations of this chapter.”
Moreover, an addendum included under Advisory Circular 107-2 entitled Section 7.3.5 “Benefits of Recordkeeping” states:
“Recordkeeping of documented maintenance and inspection events reinforces owner/operator responsibilities for airworthiness through systematic condition for safe flight determinations. Maintenance and inspection recordkeeping provide retrievable empirical evidence of vital safety assessment data defining the condition of safety-critical systems and components supporting the decision to launch”.
Yes, it matters. The two citations you mention are not exactly the same.
Can you post the specific requirement to produce a logbook that you found in 14 CFR 107.
BobaFut
Well-Known Member
Yes, and my reply was meant to contrast the uh, aggressive, response of the Irish authorities with that of the US.
Which Aviation Authority? Are you sure the email asking to provide your information official?
14 CFR 107(b)
"The remote pilot in command, visual observer, owner, operator, or person manipulating the flight controls of a small unmanned aircraft system must, upon request, allow the Administrator to make any test or inspection of the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with this part."
I'll challenge you to find mention of a logbook or reassert that the Part 61 and Part 107 are "exactly the same" on the topic.
I maintain your best bet is to keep complying. BVLOS is a matter of opinion, they weren't there, you were. Unless your distances are ridiculous, like 10km or something, then it's a hard argument for the authority to make. Who is to say you didn't have a view of the aircraft? We've seen many posts here with pilots who saw their aircraft out at 3 miles or more.
At any rate, as I said there is likely a fine and administrative administrative tribunal system in place. I'm not familiar with Irish law, but that seems to be the case in many jurisdictions. They fine, you appeal or ask for a hearing. An independent tribunal hears both sides, they make a decision. You may even have further appeals. Here in Canada, the Transport Appeal Tribunal even does their hearings remotely. The adjudicator was a former airline pilot on one matter I watched, who also had a law degree. It was a similar type of case ad he seemed like he was siding with the defendant who did not own the drone in that case, and therefore was not the "operator". So you never know what may happen.
At any rate, as I said there is likely a fine and administrative administrative tribunal system in place. I'm not familiar with Irish law, but that seems to be the case in many jurisdictions. They fine, you appeal or ask for a hearing. An independent tribunal hears both sides, they make a decision. You may even have further appeals. Here in Canada, the Transport Appeal Tribunal even does their hearings remotely. The adjudicator was a former airline pilot on one matter I watched, who also had a law degree. It was a similar type of case ad he seemed like he was siding with the defendant who did not own the drone in that case, and therefore was not the "operator". So you never know what may happen.
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