Temporary airspace bans were issued over two-dozen New Jersey towns after multiple drone sightings sparked public concern, with residents frequently calling 9-1-1 to report them, resulting in a joint response from federal authorities. This situation highlights the need for better federal coordination with local leaders and clear policies as the number of drones flying increases.
Where to Expect to See Drones Fly Today
Spotting a drone in the sky is becoming more normal in the U.S. Since 2016, when the FAA released Part 107 regulations governing the use of drones, there are now more than one million registered drones in the U.S. and about 403,000 drone pilots licensed for business uses plus another 387,000 recreational flyer registrations. Currently, drones have wide authority to fly in most locations under 400 feet as long as they are in visual line of sight and not “within the controlled airspace around an airport without FAA authorization; over designated national security sensitive facilities; and certain military bases, infrastructure and national landmarks; or in airspace covered by Temporary Flight Restrictions, which the FAA typically implements at the request of law enforcement for safety or security reasons.”
The FAA’s B4UFLY app service shows where recreational flyers can and cannot fly, and the FAA has created a data exchange platform of drone service providers that exchange flight information and help create awareness of who and how drone pilots are flying, especially near airports. More detail on flight restrictions are available here, but city officials should understand that FAA’s rules allow for most areas to be open and drones may be flying in closer proximity to buildings, homes and people that the public may expect.
How to Report Unsafe Drone Flights
The FAA says “reports of unmanned aircraft (UAS) sightings from pilots, citizens and law enforcement remain high” with more than 100 reports each month, and the FBI received over 5,000 tips in November alone, with a significant concentration in the northeastern region of the U.S.
- The FBI encouraged reports of New Jersey drones to use their hotline at 1-800-CALL-FBI or submit a tip online.
- The FAA recommends that if a resident or city official witnesses a drone not following FAA rules to reach out to your local FAA flight standards district office to investigate so they can follow up with the drone operator if needed.
- The FAA Hotline also accepts reports by phone (866-835-5322), email and mail related to the “safety of the National Airspace System, violation of a Federal Aviation Regulation (Title 14 CFR), aviation safety issues and reports related to FAA employees or FAA facilities.”
- Additionally, the NASA UAS Safety Reporting system offers a feedback loop for drone operators — like first responder drone pilots — to share airspace safety feedback like close calls.
- If an area experiences a pattern of issues, cities can work with intergovernmental staff from DHS, FAA, FBI and other agencies for access to detection tools and investigative support.
Penalties Exist for Attacking Drones and Unsafe Drone Flights
U.S. federal law stipulates anyone who “sets fire to, damages, destroys, disables, or wrecks any aircraft” in U.S. airspace is subject to fines or up to 20 years in prison, and drones are indeed considered aircraft. Additionally, unauthorized or unsafe drone operators may face fines up to $75,000 per violation or the FAA can suspend or revoke drone operators’ pilot certificates. Here are four examples of the FAA proposing civil penalties.
Gaps in Federal Drone Policy
- Improvements to drone flight information and management may be needed as drone flights increase. Flight trackers and aviation enthusiasts have made information about aircraft overhead more available, but while some drone flights are searchable, the FAA and air traffic control are not actively managing most drone flights. The situation in New Jersey shows the potential difference between the public’s expectations for flight accountability and privacy and how federal officials have structured the flight and pilot rules for drones that leave a gap in knowledge about the drone flying above your community.
- Local law enforcement will enforce local laws, but they are not resourced to be an aviation enforcement body and the burden of responding to incidents is rising. Local law enforcements often serve as the first responders to reports of suspicious drone activity. If a crime is being committed with a drone, law enforcement can enforce local laws, but federal authorities must be responsible for aviation violations and enforcing their own rules. The increasing prevalence of drones places added responsibility on local law enforcement and local governments, stretching staff resources and budgets. Congress and the federal government need to reevaluate the structure of drone operations or fund a comprehensive, scalable solution for unsafe drone operations. Congress is currently renewing counterdrone authorities and advancing a small law enforcement pilot program for a select group of cities to receive authority to purchase federally pre-approved counterdrone equipment to take drones out of the sky. However, counterdrone technology is widely untested, not a nationally scalable solution, and the expense — including possible liability for damages — is high.
- Communication between local community stakeholders and federal agencies, including the FAA, FBI, and DHS, needs significant improvement. While the FAA has recommended that local officials reach out to their local FAA flight standards district office if they have concerns with drone activity in their community, this is a reporting tool for their further investigation, not an immediate response. Even with traditional airport noise and flight path issues, the FAA does not facilitate streamlined and consistent communication between local governments and their offices. Local officials have expressed a need to have communication channels and procedures in place to ensure their critical infrastructure is protected. For example, large gatherings in communities of all sizes could receive communication from (and sometimes receive protection from) drone operators, and safety gaps could be identified and handled in a timely manner. Greater collaboration among federal, state and local entities is essential to safeguard communities from unlawful drone activity and enhance public safety.
- Security officials remain concerned about “insufficiency of current authorities” in addition to local authorities. Officials shut down Wright-Patterson Air Force Base in Ohio recently due to drones. Even when all federal protections are in place for major events like the Super Bowl, drones often get past the security perimeter. The public is also seeing drones use in harmful ways in international conflicts with drones swarming in Ukraine’s cities and infiltrating Israel’s defenses. Balancing the security of communities against relatively low barriers to use drones in the U.S. continues to be a gap worth addressing.
Resources
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