FAA’s Underutilized Enforcement Tool Against Reckless Drone Ops
The Academy of Model Aeronautics (AMA) released a report today analyzing the FAA’s data on recent drone sightings by manned aircraft. The report details how a 12Aug2015 FAA Press Release and the news media have been greatly exaggerating the numbers of near mid-air collisions (NMACs) based on incomplete understanding of the FAA’s data. Drone proponents have, predictably, trumpeted this news and have focused on the fact that news reports of 746 NMACs were incorrect and the true number is more like 27 (about 3.5% of the total number of alleged drone sightings).
To be fair, the AMA has correctly demonstrated that the fears of drones swarming the skies around airports, like one of the plagues of Egypt, are not credible. However, the aforementioned drone proponents conveniently neglect some additional conclusions in the AMA report. The AMA fully acknowledges that there is a problem, albeit much smaller than the headlines would suggest. To quote the report, “… AMA has encouraged the FAA to more aggressively enforce existing rules against careless and reckless behavior, as well as violations of restricted airspace. The FAA currently has the authority to assess civil penalties of up to $25,000 against careless and reckless operators. Hefty fines could help deter bad behavior, yet very few fines have been levied to date.”
Thus, the $25,000 fine (that I have previously suggested should be put into place) does exist. What is lacking, however, is better engagement with local law enforcement and application of the existing authority to levy penalties. The AMA report notes “… the only way to identify the truly careless and reckless operators, and to learn the facts about what happened, is better communication and coordination with local law enforcement.”
The AMA report is very clear that the AMA does not endorse reckless behavior (it never has, btw) and further recommends strong action. Recommendation #2 of the AMA report reads as follows:
“2. More aggressively enforce existing rules. There are existing federal rules against careless and reckless operations, for which the FAA can fine operators up to $25,000. In many jurisdictions, there are also criminal laws under which careless and reckless operators could be prosecuted. Despite the FAA having the authority to levy hefty penalties, very few fines have been assessed to date. AMA supports the FAA taking a more aggressive approach to assessing civil penalties against operators who endanger the safety of the national airspace system.”
So I challenge my fellow drone operators (and the drone advocates, in particular) to champion the entire AMA report. If you truly care about this industry, you should be as strongly in favor of enforcement against reckless operators as you are about ensuring that the industry as a whole is not blamed for crimes not committed.