FAA PUBLISHES POLICY ON UAS ENFORCEMENT AND INVESTIGATIONS
August 10, 2014
The FAA on July 15, 2014 issued a Notice of its national policy on “Education, Compliance, and Enforcement of Unauthorized Unmanned Aircraft Systems Operators”. The purpose of the Notice is to guide inspectors on the process of contact and education that is typically provided to individuals who are the subject of an inquiry relating to the unauthorized operation of Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS).
Following an increase in UAS-related incident reports arising from model aircraft and small UAS operations, the FAA has decided to use outreach and education to encourage voluntary compliance with applicable statutory and regulatory requirements that pertain to UAS operations. Specifically, the Notice provides an outline and protocol for inspectors to educate alleged violators and, when necessary, conduct a UAS investigation. Inspectors will take the following actions:
- Conduct an inquiry appropriate to the circumstances. Such inquiries will include a phone call to the operator and should be used as an educational outreach opportunity.
- Depending upon the circumstances, send the operator an administrative informational letter that includes Web site addresses to FAA UAS guidance and relevant C.F.R. provisions.
- In cases where the UAS operator is uncooperative, noncompliant, or the operation poses medium to high risk to the NAS, inspectors may proceed with enforcement action against the operator.
- Enter the activity into the Program Tracking and Reporting Subsystem (PTRS) database.
In determining whether or not to take enforcement action, inspectors will evaluate the extent of the safety risk to the NAS that arises from the noncompliant UAS operation. Inspectors will typically start by using counseling or an informational letter to advise and educate a UAS operator about the requirements for regulatory compliance. This correspondence will be strictly advisory in nature, and will aim to give the UAS operator guidance on how to conduct operations in accordance with applicable statutory and regulatory requirements. In egregious cases, or where a UAS operator is uncooperative or intentionally noncompliant or the operation poses medium to high risk to the NAS, the inspector may take formal enforcement action in accordance with the FAA’s existing Compliance and Enforcement Program.
The Notice is available at: https://www.faa.gov/regulations_policies/orders_notices.