What is the difference between recreational and commercial use of a UAS?
Can a public Agency use a drone?
Public agencies can use drones but will need to have a Certificate of Authorization (COA) issued by the FAA or use an individual licensed to fly a drone under Part 107 (14 Code of Federal Regulations Part 107) of the FAA regulations as a remote pilot in command. A COA may provide substantially more flexibility to law enforcement than operation under Part 107. The FAA has published an Advisory Circular (Advisory Circular (AC) 00-1.1A, Public Aircraft Operations) regarding use of UAS by public agencies.
Does my state have limitations on the use of a UAS by law enforcement?
Several states have passed statutes restricting the right of law enforcement and other public agencies to use a UAS. States are particularly sensitive to issues related to viewing private property and require a warrant. Make sure you know your state’s law.
What do I do when I receive a complaint about the use of a UAS?
The FAA issued a document called “Law Enforcement Guidance for Suspected Unauthorized UAS Operations.” The FAA has also published a pocket guide that can be provided to officers to give them the basic information they need to response to a UAS call. The bottom line is that the responding officers need to investigate the incident, gather all the information they can and report the incident to the FAA.
In addition, some states have they own statutes regarding the operation of aircraft. As a UAS is an aircraft, law enforcement can use state law to support an action against a UAS violation. For example, in Florida, it is a misdemeanor operate an aircraft without a pilot license in the operator’s possession. Florida also has a statute that makes it a felony to operate an aircraft while intoxicated or in a careless or reckless manner.
To our clients and colleagues:
We hope you and your families are safe and well.
As we all continue to navigate the ongoing issues related to COVID-19, Widerman Malek continues to be fully operational and available for clients. However, to protect the health and safety of all, effective immediately, access to Widerman Malek’s offices by non-employees is completely restricted.
Our investment in our technology allows us to work remotely during normal business hours to serve our clients. You may continue to contact us by phone and email. If you call our main line, our receptionist will forward your call to us as normal. We also have the capacity for video conferencing.
We recognize our clients and colleagues are having to adapt to a new normal, and we also are adapting. Thank you for your understanding and flexibility.
Please do not hesitate to contact us with any questions or concerns. Best wishes and stay healthy!
