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UAS Operator "could" be in hot water for busting TFR

Discussion in 'News' started by BigAl07, Sep 12, 2016.

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  1. BigAl07

    BigAl07 Moderator
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    UAS Operator busts TFR at Balloon Ralley:

    This is still developing but it doesn't sound good for the UAS operator. It was announced this morning in a pilot's meeting that the FAA is seeking to have him prosecuted. This could be one to keep an eye on as it could set a national precedence in the court system.

     
    #1 BigAl07, Sep 12, 2016
    Last edited: Sep 12, 2016
  2. Suhail78

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    Prosecuted for doing what exactly?
     
  3. GMack

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    No doubt for flying a drone within 4 miles of the balloon event if a TFR went out saying "No drones allowed during the event within 4 miles." New Mexico did the same: Drones Banned From Hot Air Balloon Fiesta

    The guy added a helicopter "chop-chop" sound to the video above too.
     
    #3 GMack, Sep 12, 2016
    Last edited: Sep 12, 2016
  4. RJ_Make

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    Oh no, disregarding a TFR is going to get you all kinds of attention, and it's going to be the bad kind.
     
  5. GB71

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    Sounds like he deserves what he gets. Follow the TFRs or pay the piper lol


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  6. Trackman1

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    Someone posted in here a while ago about flying at a ballon event. Most told hime not to do it.
    Wonder if it was the same person.
     
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  7. Fat Daddy

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    I don't know trackman but I'm betting it was more likely someone who bought it off the shelf and put it up. I was coordinating to have two birds in the air for a local balloon event (with the coordinators of the event) but I can't do it now. They were very friendly and easy to work with. I'm betting its ignorance rather than arrogance.


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  8. Mark The Droner

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    Another reason to check uavforecast before flight - it'll tell you of any TFRs in the area...
     
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  9. Lonewolf

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    Not always. It's an ok app but at least a couple of times it didn't show a TFR where the official FAA website always does. www.tfr.faa.gov


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  10. RJ_Make

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    I just learned that's not the case, and was instructed to look at the bottom of the FAA's TFR page. Is this a case of 'cover your butt'?

    2016-09-13 09_32_24-Movies & TV.png
     
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  11. BigAl07

    BigAl07 Moderator
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    Of course it's a CYB statement :)

    Keep in mind that a TFR can pop up almost any time and any where for VIP movement, Forest Fire, Search & Rescue and many other scenarios.
     
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  12. N017RW

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    I wouldn't trust 3rd-party 'hunter - gatherer' Apps. for such important information.
     
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  13. RJ_Make

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    How are these situations handled? If I'm out flying, I can't safely monitor a website for new TFR's. Would I be in trouble in these cases?
     
  14. VAIL8150

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    This is from Rupprecht Law firm (Aviation Law experts concerning sUAV)

    What Type of Criminal Punishment (Prison Time) or Fines can Result for a TFR Violation?
    Depending on the type of TFR, you can get punished in three different ways for a TFR violation: (1) you can be criminally punished up to a maximum of 1 year in federal prison and a $100,000 fine, (2) you can have your pilot license suspended or revoked, and/or (3) receive a civil penalty by itself or on-top of the $100,000 fine. If you think you have flown into a TFR or have been accused of a TFR violation, it is important to immediately contact an aviation attorney.

    [​IMG]Sometimes you can get charged with multiple violations for one flight. For example, a pilot operating under Part 91 can be charged with violating 14 CFR 91.103 which requires him to conduct a pre-flight check of all available information before a flight. The Part 61 pilot in this casegot charged with a violation of 91.103 & 91.137 for the same flight by the FAA. He either didn’t check for TFRs or he did check and intentionally went into the TFR; thus, setting himself up for a criminal penalty. I wrote a lengthy article on the 23 drone operators the FAA has been prosecuting and showed that out of the 23 operators, some of them were cited with multiple violations of the Federal Aviation Regulations for the same flight.
     
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  15. GMack

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    Interesting report.

    I also read in it the drone racers are also illegal as they are flying FPV and what the FAA calls careless or reckless operation. Wonder what our local drone racing club thinks? Maybe these new Epson BT-300 glasses that allow for visual line of sight plus FPV will help out when they come to market.

    I saw their enforcement seems very heavy on the eastern side verses the western in the USA. The west, (cough, CA) has so many commercial permit tangles and local ordinances against drones it's pretty easy for enforcement to shut down an operator so the FAA might be less watchful in the west as there are enough legal eyes already scanning the skies for dollars, imho.

    Then comes the lack of registration.
    .
    Ever get the bad feeling this sport/hobby/recreation/business may soon become illegal everywhere?
     
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  16. BigAl07

    BigAl07 Moderator
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    Sadly more and more each day. All we need is one single "verified incident" between a sUAS and a manned aircraft and our hobby/industry will suffer regulation like we can't even imagine. That's one of the main reasons why I've not quit my day job and gone 100% sUAS operations.
     
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  17. GMack

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    Yeah, the guys who began flying drones back prior to 2013/2014 when the National Parks allowed it (Until one guy flew into the Yellowstone geyser and they took note of it.), and local city parks were okay with it too, were flying in the golden era. No local, city, or county ordinances against drone flying popping up everywhere like now either. Wildlife threaten, so let's make those areas off limits too. No FilmLA with their costly (and slow) permits with safety monitors assigned for flyovers. Multi-million dollar polices. Etc.

    I was reading some other report ( http://www.ncsl.org/Portals/1/Documents/transportation/TAKING_OFF-STATE_ UNMANNED_ AIRCRAFT_SYSTEMS_ POLICIES_ (004).pdf ) and when you get down to around page 23+, a lot of states are making felony charges for sundry things like photographing "infra-structures" like power stations, refineries, etc. - not that Google Earth's mapping car can drive by one and photograph it for anyone to see. But just try that with your drone, or even a DSLR camera in some instances!

    Seems as time rolls on, this isn't growing as the FAA thinks it will, but is becoming far more restricted as days roll on by other local and federal levels beyond the FAA control. In two years, the Part 107 sUAV re-test might not be practical or even available since "Your town has banned drones."
     
  18. Patrick

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    im just outside the TFR no fly zone. the balloons quite often fly by my house during the balloon fiesta. ive been tempted on a few occasions to fly when i see them, but a little too paranoid about a loss of separation.
     
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  19. Patrick

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    i was looking for good pics of the balloon fiesta last night , i stumbled across an FAA employee flying within the no fly zone during the fiesta TFR last year. wonder if they had special authorization or were not following their own rules? they were at least within a half mile of the balloon fiesta museum.
    SkyPixel - Connecting Creativity
     
    #19 Patrick, Sep 18, 2016
    Last edited: Sep 18, 2016