FAA Invites LEO To Investigate UAS

[jnmeade]

From the FAA website:

"Law Enforcement Engagement with Suspected Unauthorized UAS Operations

There is evidence of a considerable increase in the unauthorized use of small, inexpensive Unmanned Aircraft Systems (UAS) by individuals and organizations, including companies. While the FAA retains the responsibility for enforcing Federal Aviation Regulations, including those applicable to the use of UAS, the agency also recognizes that state and local Law Enforcement Agencies (LEAs) are often in the best position to deter, detect, immediately investigate, and, as appropriate, pursue enforcement actions to stop unauthorized or unsafe UAS operations. The agency's Law Enforcement Guidance for Suspected Unauthorized UAS Operations (PDF) is intended to support the partnership between the FAA and LEAs in addressing these activities."

The entire text of the process is linked below. I invite you to read it because it gives some of the procedures and processes that the FAA expects to initiate with LEO. In my opinion, we may see an increase in the number of LEO who are partially educated in UAS (including Model Airplane) operations and may interact with UAS operators based on less than complete understanding and knowledge of the privileges and responsibilities of the operator.
http://www.faa.gov/uas/regulations_policies/media/FAA_UAS-PO_LEA_Guidance.pdf

 

[Jim Logajan]

So what's an RC model aircraft?

(c) MODEL AIRCRAFT DEFINED .- In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is-
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.

http://www.faa.gov/regulations_policies/reauthorization/media/PLAW-112publ95[1].pdf

 

[Jim Logajan]

What law are they enforcing?

None. LEOs are not being asked to enforce any FAA regulations. I actually read the letter. It's asking that they please collect evidence if it appears unsafe UAS activities are taking place - i.e. field investigators. It notes:
"...most violations of the FAA’s regulations may be addressed through administrative enforcement measures. As with any other civil or criminal adjudication, successful enforcement will depend on development of a complete and accurate factual report contemporaneous with the event"
"However, other law enforcement processes, such as arrest and detention or non-consensual searches almost always fall outside of the allowable methods to pursue administrative enforcement actions by the FAA unless they are truly a by - product of a state criminal investigation. We do not mean to discourage use of these methods and procedures where there is an independent basis for them under state or local law. We simply wish to emphasize that work products intended for FAA use generally should involve conventional administrative measures such as witness interviews, “stop and talk” sessions with suspected violators, consensual examination of vehicles and equipment, and other methods that do not involve court orders or the potential use of force by law enforcement personnel."

 

[Jim Logajan]

I'm still waiting for someone to cite a regulation that requires commercial UAS operators to be authorized...

The FAA is claiming that commercial UAS fall under Part 91 because 91.1 makes that part applicable to all aircraft not otherwise excluded, and UAS are not excluded; presumably if it weren't for the congressional carve-out for amateur aircraft, the FAA would no doubt say that they too fall under at least Part 103.

 

[Jim Logajan]

Does Part 91 prohibit aircraft from being flown for commercial purposes?

I'm just echoing the FAA position as best I understand it. Trying to view it from their angle. Only way I know to anticipate where they are going. I don't agree with it at all.
That said, i think the following might be how they'd answer:

Normally commercial operation under Part 91 would depend on what certificate is held by the UAS pilot, right?
And normally all aircraft flying under Part 91 must be registered and be airworthy and have appropriate flight instruments, regardless of certificate the pilot holds. I think, but am not sure, that it is the granting of waivers allowing use of unregistered (UAS) aircraft that the FAA is using as basis for controlling commercial flights. All other non-commercial flights seem to be covered by either the congressional exception for "hobby" flying or Part 103, which is why the commercial aspect comes into play. No other regs have applicability tests that apply.

If someone plopped a remote controlled "robot" into the pilot seat of an existing FAA registered aircraft, then had a pilot on the ground do the flying, then as far as I can see there would be no violation of the law as the FAA is claiming it exists. I've seen MythBusters do roughly the equivalent with cars and trucks....