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Criminal charges on 2 pilots
- Thread starter Jorgejim90
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The FAA app that is promoted during the UAS registration process is not even accurate. I wish that everyone could get their heads on straight before we start prosecuting individuals. At first in that article it says operating within 5 miles of an airport, then it goes in detail and says that it was being flown within 5 miles of hospital heliports. I agree that you should know before you fly but I don't think unknowingly operating close to a hospital is the same as operating near an airport. Either way he should never have been more than 400 feet off the ground anyway. 400 feet is the max so he should have given himself some margin for error and flew much less than 400ft.
ianwood
Taco Wrangler
As much as these guys are jackasses for flying within a 1/4 mile of Hooper, there are serious issues with the charges.
There is no mention of helipads in FAA AC91-57a, CA bill 856, or LA Ordinance 183912. They were charged under the local ordinance. And the even bigger issue is the local charges applied to use of a federally regulated airspace. The city does not have legal authority to regulate the airspace.
We have cities and states picking and choosing their own rules for the NAS as it applies to drones. The city of West Hollywood in LA county has just decided to create their own registration system and rules for the use of drones. It's the wild west of random, overlapping and conflicting lawmaking.
See this: https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
There is no mention of helipads in FAA AC91-57a, CA bill 856, or LA Ordinance 183912. They were charged under the local ordinance. And the even bigger issue is the local charges applied to use of a federally regulated airspace. The city does not have legal authority to regulate the airspace.
We have cities and states picking and choosing their own rules for the NAS as it applies to drones. The city of West Hollywood in LA county has just decided to create their own registration system and rules for the use of drones. It's the wild west of random, overlapping and conflicting lawmaking.
See this: https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
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Jackasses for certain and the kind that give us a bad name - despite that, I can't see how they can be charged let alone convicted under any local ordinance that has zero jurisdiction when it comes to airspace and use of same (at least from what I have read and understand). As much as these guys deserve something - the last thing you want to see happen under any rules/laws from any local, city or state organization or government other than the FAA, is a conviction at a lower level - for the sake of all UAV owners.
I am not from the USA - however not unlike here in Canada where Transport Canada has final say with air space and regulation of same for aircraft (including UAV's) - your FAA has control of air space and usage of same in the USA as was given over to them by the same local cities, governments, state or otherwise. As such, those local, cities or state governments can't supersede this control or make any new rules regarding federally regulated airspace without direct FAA approval (something the FAA will not do since it would undermine their own authority).
Since it is a Federal agency in control. When the FAA or TC changes or adds anything to their rules or laws it will be country wide!
From articles I have read any local or state polioticians who draw up a bill or whatever to legislate drones or airspace in general - in the end that states Governor will defeat it for the same reason as stated (they really have no choice but to defeat it).
Saw the below link regarding FAA control on another post!
https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
I am not from the USA - however not unlike here in Canada where Transport Canada has final say with air space and regulation of same for aircraft (including UAV's) - your FAA has control of air space and usage of same in the USA as was given over to them by the same local cities, governments, state or otherwise. As such, those local, cities or state governments can't supersede this control or make any new rules regarding federally regulated airspace without direct FAA approval (something the FAA will not do since it would undermine their own authority).
Since it is a Federal agency in control. When the FAA or TC changes or adds anything to their rules or laws it will be country wide!
From articles I have read any local or state polioticians who draw up a bill or whatever to legislate drones or airspace in general - in the end that states Governor will defeat it for the same reason as stated (they really have no choice but to defeat it).
Saw the below link regarding FAA control on another post!
https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
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What will eventually happen is that somebody convicted of a local ordinance appeals it to a federal court who would rule on the legality of the ordinance. Happens all of the time. It's just going to take somebody with enough money to hire the requisite lawyers or a lawyer to take the case pro bono.
Great question.... it will become the biggest "he said, LEO said" issue up for challenge... perhaps they'll use "size of the object" references to guesstimate altitude by knowing what commonly sized sUAV's look like at various altitude levels?... or like speed guesstimations, it will just be accepted by the jurisprudence...
Oh yeah............................ like the mirror over my bed that says objects in mirror are larger than they appear.
The article says that it was spotted by a "Los Angeles Police Department (LAPD) airship." I'm guessing some helicopter pilot had to look to see it?
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Here's the FAA's definition of an airport: "An airport is defined in the law as any area of land or water used or intended for landing or takeoff of aircraft including appurtenant area used or intended for airport buildings, facilities, as well as rights of way together with the buildings and facilities." As far as the cops knowing it was above 400'? They seized the bird. I assume it has a memory chip in it. It would have gone right to the geeks at the computer crime lab. If it were me, I wouldn't be hiring an attorney at $250 an hour. I'd throw myself on the mercy of the court, write the check and ask when I could get my bird back.
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