A family has arrived early for an airshow at the local U.S. airport, to get a cl

Question

A family has arrived early for an airshow at the local U.S. airport, to get a close-in parking spot and spread out their blankets and folding chairs in a choice location beside the runway to have a picnic and enjoy the show. None of the family members is a pilot or has significant aviation knowledge. Picnic finished and with much time remaining to kill before the show starts, the children are getting bored and start playing with their small remote-controlled quad-copter UAS, flying it over the aircraft taxiways, ramp, hangars, and gathering crowd at altitudes from the surface to about 150’ and occasionally zooming low over the crowd and swooping close to the active runway, causing the pilot of at least one aircraft to abort an attempt to land. 1) Analyze the legality/illegality of the operation under current Federal Aviation Regulations, identifying: a)Each specific FAR violation that might be charged b) Potential penalties the FAA could impose for each such violation. 2) Analyze the legality/illegality of the operation under current federal aviation-specific criminal laws, identifying: a) Each specific federal aviation-specific crime that could be charged b) Potential penalties for each such crime 3) May there also be state UAS-specific laws being violated here? Explain.

Explanation / Answer

Aviation Safety & Reporting System (ASRS) database provides safety reports and pilot outline concerning about the insecure flying conditions. The program support pilots, controllers and others to present reports of unsafe flying conditions or events that happened during flight. However a person cannot be punished for the contents of the report. Furthermore pilot would be reported to have contravened the norms if he diverges from an assigned altitude by more than 300 feet thus indulging into an altitude violation.

Airspace violations can also occur when a pilot enters a restricted area or an area where temporary flight restriction (TFR) exists. Furthermore these kinds of violations are indeed regarded to be of very serious nature. For instance a pilot that flies into the airspace over the White House in Washington, D.C. without prior permission.

A runway incursion takes place when an aircraft, vehicle or person is in the wrong place on a runway or protected area of an airport. For instance if a pilot takes off or lands without proper clearance, takes an incorrect turn or crosses an active runway without permission. Any event that violates Federal Aviation Regulations (FAR) or causes a collision hazard could create a runway incursion.

Federal Aviation Administration (FAA) governing all aviation activities in US has several civil enforcement tools to punish Unmanned Aerial Vehicle (UAS) violations. Administrative action from FAA may take the form of a warning notice or letter of correction wherein FAA preserves a record of the event but refuses to pursue further disciplinary or penalizing action. Furthermore a letter of correction outlines the needed action to be undertaken by the recipient which if complied with results in no further action by FAA.

However failure to act in accordance with letter of correction would indeed elevate the matter into a legal enforcement action which indeed would comprise either certificate action which applies only to FAA certificated individuals or civil penalties. In case of certificated aviators FAA may take action against those airmen’s certificate including suspension or revocation.

Eventually FAA may also decide to pursue legal enforcement action by imposing a civil penalty or fine. On certain occasions FAA may also refer cases to the Department of Justice for criminal prosecution. FAA’s power of civil enforcement, both through certificate actions for certificated aviators and civil penalties are indeed applied through administrative regulation.

These mechanisms indeed does also facilitate to effectively apply punitive action to violators and also to act as a deterrent for future violators. Furthermore these efforts are eventually also supported by latest regulation mandating registration for UAS craft to ensure ease of operator identification and subsequent accountability for unsafe UAS operations.

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