Are FAA Penalties a Myth?

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For the past four months I've been telling clients and friends about the SEVERE PENALTIES they would face if they even got an aerial photo from an unlicensed (part 107) drone operator.

I've been doing this for two reasons: 1 - to ensure that the skies are safe and that pilots obey regulations; 2 - to discourage potential clients from going with an unlicensed operator for their real estate, property and event aerial photographs.

Today I spent 45 minutes on the FAA sites and NOWHERE could I find any specifics on fines or punishments. So where have the $11000 per occurrence for businesses and $5000 per occurrence for pilot come from?

I don't think I imagined this. Did multiple searches on FAA sites, nothing. And I sent a note to the FAA to get their take on this.

Anyone here have anything in writing I can cite on my site and share with potential aerial image buyers?

Thanks!
 
....ALSO...to irritate me (and other 107-certified pilots) more, there are plenty of folks around who have posted drone photos and videos of fireworks (taken at night), triathlon coverage (taken over people), lighthouse images (taken from a moving boat) and more. A part of me wants to report these offenses to my local flight office, but if these penalties don't exist, then why be the squeaky wheel?

I guess it's akin to calling the cops when all the cars around you are speeding. After a while, if the penalties don't exist or aren't enforced, wouldn't it be cool to get some night long exposures from the sky...or take a photo of a packed football stadium?

Grrrrrrr!
 
there are plenty of folks around who have posted drone photos and videos of fireworks (taken at night), triathlon coverage (taken over people), lighthouse images (taken from a moving boat) and more
If you are speaking of ONLY 107 Licensed Pilots, I can see your beef, somewhat. Other than your mention of ( Notation in Red), there is nothing illegal whatsoever about the other two for hobbyist flyers. And even that in itself is not considered "illegal". This topic has been covered so many times that it has run it's coarse ten times over. There are many around here that could give you more detail in your exact questions, better than myself.
 
If you are speaking of ONLY 107 Licensed Pilots, I can see your beef, somewhat. Other than your mention of ( Notation in Red), there is nothing illegal whatsoever about the other two for hobbyist flyers. And even that in itself is not considered "illegal". This topic has been covered so many times that it has run it's coarse ten times over. There are many around here that could give you more detail in your exact questions, better than myself.
Thanks for the note. Very eye-opening if true... If I'm going out just for recreation, I can fly from my car, from my boat, at night? That sounds contrary to what I've learned, but you're right, I'm in this as a part 107, so I didn't concentrate on recreational.

To the point of the pilot who posted the over-people and fireworks and lighthouse...he runs a photo business and all three of these images contributed to his marketing. So I interpret them as all being against FAA regulations.

And following on my question, are there any clearly listed penalties?
 
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To the point of the pilot who posted the over-people and fireworks and lighthouse...he runs a photo business and all three of these images contributed to his marketing. So I interpret them as all being against FAA regulations.
In the case of the photo business, yes that is a violation. As for penalties? I have yet to see any type of clearly listed penalties for any such violation. This most likely means they are taken on a case by case basis.
 
On an added note, it is possible that the pilot obtained waivers for these flights, so you really can't be certain of the legality.
 
Thanks for the note. Very eye-opening if true... If I'm going out just for recreation, I can fly from my car, from my boat, at night? That sounds contrary to what I've learned, but you're right, I'm in this as a part 107, so I didn't concentrate on recreational.

To the point of the pilot who posted the over-people and fireworks and lighthouse...he runs a photo business and all three of these images contributed to his marketing. So I interpret them as all being against FAA regulations.

And following on my question, are there any clearly listed penalties?

From the FAA website:
(Unmanned Aircraft Systems (UAS) Frequently Asked Questions)

  1. Is there a penalty for failing to register?
    Failure to register an unmanned aircraft that is required to be registered may result in regulatory and criminal penalties. The FAA may assess civil penalties up to $27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to three years.

    There is no one-size-fits-all enforcement action for violations. All aspects of a violation will be considered, along with mitigating and aggravating circumstances surrounding the violation. In general, the FAA will attempt to educate operators who fail to comply with registration requirements. However, fines will remain an option when egregious circumstances are present.

    —————————————-

    Their intent initially is to educate. Have a subsequent violation and your subject to other punitive measures.
 
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On an added note, it is possible that the pilot obtained waivers for these flights, so you really can't be certain of the legality.

He could have obtained waivers. I have not spoken with him.

My original question came up because somewhere I read or heard the $11000 and $5000 figures as punishment for violations.

A post that just came in gave the paragraph that has the punishment for non-registration in it. And below it says: "There is no one-size-fits-all enforcement action for violations. All aspects of a violation will be considered, along with mitigating and aggravating circumstances surrounding the violation. In general, the FAA will attempt to educate operators who fail to comply with registration requirements. However, fines will remain an option when egregious circumstances are present."

Which I guess is what I'm looking for...but I honestly thought there was a clear $$ figure. Thanks to all. J
 
but I honestly thought there was a clear $$ figure
Never seen one, other than the one that was posted above. That I have seen before.
 
Today I spent 45 minutes on the FAA sites and NOWHERE could I find any specifics on fines or punishments. So where have the $11000 per occurrence for businesses and $5000 per occurrence for pilot come from?
I don't think I imagined this. Did multiple searches on FAA sites, nothing. And I sent a note to the FAA to get their take on this.
The FAA are in the business of aviation safety - not protecting 107 pilots from business competition.
Expect them to act on issues that relate to unsafe flight activities but they are understaffed and overworked so they aren't going to allocate resources to chasing someone for photographing a lighthouse (?)
Basically No One In The US Is Getting Fined For Flying Drones Without A Licence
 
I honestly thought there was a clear $$ figure. Thanks to all. J

The FEDS will fine you based on the violation and your initial willingness to cooperate. For the most part they would rather have you do some "self penance" rather than drag out a court hearing. This is a bit dated and posted before, FYI

Here's what happened in every case, in order from lowest fine to highest fine:

Austin, Texas, August 30, 2014, Shawn Phillip Wyse; $1,100
Wyse flew a Phantom II above Texas Memorial Stadium at University of Texas at Austin during a University of Texas football game. He was fined $1,100 but settled for $800.

Tuscaloosa, Alabama, November 14, 2015, Gregory Taylor; $1,100
Taylor flew a Phantom 2 above the Bryant Denny Football Stadium before a University of Alabama v Mississippi State University football game. The drone "descended into a parking lot and struck a pedestrian just before it fell to the ground." Taylor turned himself in. Taylor was fined $1,100 but it was reduced to $900.

Queens, New York, May 25, 2014, Clinton Bascom; $1,100
Bascom flew his Phantom in Flushing Meadow Park and above CitiField Stadium, where the Mets play. He was fined $1,100 but it was later reduced to $550.

San Juan, Puerto Rico, October 18, 2015, Marcos Plaja-Ferreira and Alberto Haber-Flores; $1,100 each
Plaja-Ferreira's drone collided midair with Alberto Haber-Flores's drone above the ocean outside the Caribe Hilton Hotel. Both men were fined because of "damage to the hotel property," even though the drones crashed into the ocean.

US Coast Guard Housing Complex Rio Bayamon, Puerto Rico, Jorge Lubo, July 5, 2015; $1,100
Lubo apparently flew his Parrot Bebop drone in the housing complex two separate times and was warned by the FAA about flying his drone there. On July 5, he flew the drone again and crashed it into a US Coast Guard vehicle.

Fairfield Avenue and Fort George Hill (Bronx), Wilkens Mendoza, July 7, 2014; $1,100
Mendoza was arrested by the NYPD along with Remy Castro for flying a drone near the George Washington Bridge. Interestingly, the FAA enforcement action against Mendoza doesn't mention the George Washington Bridge flight and instead focuses on his flights in the Bronx. The FAA later sent Mendoza a letter withdrawing the fine.


Capitol Building, Albany, New York, Adam Rupeka, September 17, 2015; $1,100
Rupeka crashed his drone onto the New York capitol building. He had a history of run-ins with the police which are worth reading about.

Portside Apartments, East Boston, Jose Paderes, August 30, 2015; $1,100
The FAA says Paderes flew his DJI Inspire One too close to Logan International Airport. The investigation doesn't mention any incident or crash.

Manhattan, New York, July 7, 2014, Remy Castro; $1,600
Castro flew his Phantom II near the George Washington Bridge in New York City. A police helicopter chased after it. The FAA said the helicopter "was required to perform evasive maneuvers in order to avoid a collision with the aircraft," but air traffic control records found that the NYPD lied about what happened. He was fined $1,600 but it was later reduced to $800.

Arlington, Texas, June 8, 2014, Robert Eddelman; $2,20

Eddelman landed his DJI Phantom II on the roof of AT&T stadium (where the Cowboys play). He landed it on the roof, and then tried to recover it with a second drone, which he also flew above the Texas Rangers stadium while there were spectators present. He was fined $2,200 but settled for $1,000.

290 Central Avenue, Brooklyn, Isaac Rosa, September 17, 2014; $2,200
Rosa flew near an NYPD helicopter, the FAA says he was within 50 feet of the helicopter at 750 feet. The NYPD was using the helicopter to look for a missing person and had to perform an evasive maneuver. He was fined $2,200 but the case was settled for $1,555.

38th Street between 3rd Avenue and Lexington Avenue, Manhattan, David Zablidowski, September 30, 2013; $2,200
Zablidowski flew his DJI Phantom into several buildings on 40th and 41st street, eventually landing on the ground 20 feet from a person. His case was settled for $400. Zablidowski was the first hobbyist ever fined for flying a drone.

Citi Field, Henry Wolters, May 6, 2015; $2,200
Wolters flew a drone above Citi Field during a Mets game where approximately 12,000 people were in attendance.

Billie Jean King National Tennis Center, Queens, Daniel Verley, September 3, 2015; $2,200
Verley flew his drone above the US Open, where about 200 people were watching. The drone crashed 70 feet from the tennis court. The FAA settled for $1,320.

Washington DC, (Polo Fields in West Potomac Park), Damian Dizard, March 25, 2015; $3,300
Dizard flew within the Washington DC Flight Restricted Zone, encompasses a 30-mile radius surrounding DC and makes flying all drones illegal without special permission. This is one of the few cases in which nothing bad seemed to happen—no crash was reported. He was fined $3,300 but later had it reduced to $1,100.

West Potomac Park, Washington DC, Monica Singleton, March 25, 2015; $3,300
Singleton appears to have been flying with Damian Dizard.

Lafayette Park, Washington DC, Ryan MacDonald, May 14, 2015; $4,400
MacDonald flew in Lafayette Park, which is near the White House. The FAA says that the secret service "cleared the entire north side of the White House of people … due to your operation of the aircraft." MacDonald appears to have paid his $4,400 fine.

Washington DC, (G Street and 10th St NW) Shawn Usman, January 26 2015; $5,500
Usman notoriously crashed his drone into a tree on the White House lawn, causing a national conversation on drone safety and White House security. It was later reported that Usman was a government employee at the time and was also allegedly drunk during his flight. The FAA fined him $5,500.

University of Virginia, Charlottesville, Raphael Pirker, April 13, 2012; $10,000
This was the first drone fine case in the United States and was the subject of a long, ongoing court battle. Pirker eventually settled for $1,100.

441 East Fordham Road, Bronx NY, Xizmo Media Productions, May 16, 2015; $18,700
Xizmo was hired by Fordham University to shoot footage of its 2015 commencement ceremony. The FAA says that because Xizmo's drone wasn't registered, flew in a reckless manner, and also pulled out several other regulations that are normally used for manned aircraft. Xizmo eventually settled with the FAA for $5,000 and is paying $222.22 to the FAA every month through June 2017.

All over Manhattan, SkyPan; $1.9 Million
This is the largest drone fine ever levied. According to the FAA, SkyPan repeatedly flew near high rises in restricted airspace. Read more about the fine and the investigation that led to it here. This case is ongoing.

Coney Island Boardwalk, David Quinones, July 4, 2015; Surrendered Pilot's license
Quinones was hired by a company called Skycam to fly a drone over the Nathan's Famous Hot Dog Eating Contest. Quinones, a commercial pilot of manned aircraft, had his pilot's license suspended for 90 days and was required to surrender his pilot's certificate during the suspension. The FAA said it would fine him $1,100 per day that he refused to surrender it.
 
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Thanks guys - one thing that yanks my chain is there are some of us who have been in aviation for a number of years and dealt with the FAA on many levels. Now we have folks getting into this field either as a hobby or profession and will doubt some of our inputs, especially with regards to FAA enforcement actions. I've given depositions and been to court over violations and its not fun and in these cases those involved thought "It will never happen to me," or "I'll never get caught." I wish more people on these forums wouldn't be so doubtful, especially when those of us who "been there, done that" will try to give advise. I'm not a know it all but will always try to share my knowledge and experiences but at the same time I try to continually learn and keep and open mind. With that said...

A saying from a cousin - "I give you books and you eat the covers."

(Stepping off soapbox)
 
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Thanks guys - one thing that yanks my chain is there are some of us who have been in aviation for a number of years and dealt with the FAA on many levels. Now we have folks getting into this field either as a hobby or profession and will doubt some of our inputs, especially with regards to FAA enforcement actions. I've given depositions and been to court over violations and its not fun and in these cases those involved thought "It will never happen to me," or "I'll never get caught." I wish more people on these forums wouldn't be so doubtful, especially when those of us who "been there, done that" will try to give advise. I'm not a know it all but will always try to share my knowledge and experiences but at the same time I try to continually learn and keep and open mind. With that said...

A saying from a cousin - "I give you books and you eat the covers."

(Stepping off soapbox)

Gotta agree 100% sir. Our friends at the FAA don’t have any sense of humor when it comes to violations. Personally, I’d like to keep my ATP profession and my hobby drone flying separate. But as time goes on I see the overlap of each becoming more influential on the other.

Whether they play nice together is yet to be seen. Actions and consequences will determine what happens next.
 
One thing I would love to know tho in america... If you have a 107 licence but want to fly as a hobbyist at night, is that possible? Or is it a case of one or the other? Either be a hobbyist or get a 107? Always confused me on that.

Personally I admit in the past I have done filming in england which can cause a bit of a debate ( like doing litchi way point missions around a town centre) but I stopped doing that ages ago now. And its just as well, as mine dropped out of the sky 2 days ago. If that happened over the town centre, well.. I wouldn't like to think what could have happened. But I am glad it did drop out of the sky tho. Why? Because that's the kick up the backside I did def need to make sure I won't be tempted to do footage like that again. Karma bit me in the ***, but it was well deserved and def changed the way I fly now. From here on... Just over fields and water with no people.
 
You can have a 107 and fly as a hobbyist. It’s the intent of the flight at time of take-off.
 
Ok gang.... we've cleaned up the clutter in this thread. Let's keep it on track and not make it personal towards each other.

Safe Flight!
Allen
 
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In regards to Part 107 pilots providing commercial services to clients, the Part 107 license is meaningless without 1) enforcement and corresponding penalties and 2) making the client complicit in the offense. The offending clients have no skin in the game in regards to regulations and therefore have no incentive for seeking out licensed Part 107 pilots since they have no threat of penalty. I realize it's easier said than done but unless and until prospective clients face penalties, unlicensed shade tree pilots will always pose a threat to the livelihood of those pilots who took it upon themselves to pony-up $150, take the written exam, and play by the rules.
 
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