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​Rules and Guidelines When Encountering Drones

Dec 18, 2024 | Flying Magazine

You’ve probably heard about the recent reports in New Jersey and other states regarding mysterious drones flying at night.

Many people have understandably expressed anger over these events. There is even more concern as government representatives have not been able to share many details about who is flying these drones.

Even outside of these events, some people see drones as invaders of privacy or nothing more than a nuisance. 

Drones are very beneficial to society, but I can certainly see why some people are less than happy to see a drone flying overhead. Social media has called for greater government intervention in drone flights, and private citizens are, in some cases, suggesting shooting them out of the sky, an action that is a federal crime with serious consequences. 

As drones become more integrated into our daily lives, from people flying them for fun to helping first responders in emergencies, we all need to make safe choices on how to deal with them. While shooting down drones or jamming them is illegal, there are safe and responsible ways to deal with a UAV you do not think is operating safely and legally.

Most Pilots Are Flying Safely and Legally

First off, it is important to remember two things: There are lots of drones being flown in the United States, and the vast majority of pilots fly their drones in a safe and legal manner.

According to the FAA, there are now over a million registered drones. These are both for recreational purposes and for commercial applications. All recreational drone pilots flying under the Exception for Limited Recreational Operations of Unmanned Aircraft must take and pass TRUST, an aeronautical knowledge and safety test that provides education and testing on important safety and regulatory information.

Commercial pilots must pass an even more rigorous test, the Part 107 exam. Pilots who pass the exam are presented with an FAA remote pilot certificate.

Learning the material requires studying with drone pilot hopefuls often taking advantage of online courses through platforms like Altitude University, the Pilot Institute, or by using study materials from Sporty’s Pilot Shop and Amazon. Pilots who take these exams are responsible and most likely will not violate the rules associated with flying drones.

Know the Rules

Before getting into what you can legally do to stop a drone, it’s important to know some basic rules.

Many people like to think that they own the air above their property, but in reality, the federal government does. The FAA is the government body charged with regulating airspace.

Here are a few of the rules drone pilots need to follow:

  • Register your drone: Drones over 0.55 pounds must be registered with the FAA.
  • Fly under 400 feet: Maintain altitude below 400 feet above ground level.
  • Keep visual line of sight: Always keep your drone within your direct visual range.
  • Avoid restricted airspace: Stay away from airports, military bases, and controlled airspace without authorization.
  • Do not fly over people: Avoid flying over crowds, moving vehicles, or uninvolved individuals. There are exceptions that allow for these to be done legally.
  • Respect privacy: Pilots need to avoid capturing images or videos of people in private spaces without consent.
  • Flying at night: Flying at night is allowed but only with anti-collision lights and by following additional rules.

There are many more rules covered under Part 107, but there are some of the most important when deciding if a drone is worth reporting on.

What Can’t You Do?

If you notice a drone flying above or around you and think it is a threat, you must proceed cautiously. There are rules in place that prevent certain actions, some of which go back to the 1930s.

First off, shooting a drone down is a big mistake. The FAA considers drones to be no different than crewed aircraft in this respect. Firing at a drone is a federal crime and can result in fines and even prison time. 

As a former Marine, I am very familiar with firearms. If you hit a drone, it will probably fall out of the sky and hit someone on the ground. If you miss the drone, the bullet will continue on its trajectory and has the potential to harm someone or cause additional damages. Shooting a drone is never the answer.

The same goes for jamming a drone or otherwise blocking/interfering with the signal between the drone and the remote control. This is another federal crime under the Federal Communications Commission’s (FCC) rules. When thinking about what you can’t do to a drone, consider anything that interferes with its ability to stay in the air as probably a federal crime.

What Can You Do?

Now that we know some of the rules and what you are not allowed to do, let’s get into what you can do when you believe a drone is operating illegally.

The first thing to do when you have an unwanted drone encounter is to stay calm and assess the situation. Ask yourself if the drone is a nuisance to you or if it is causing an immediate danger to you. If the drone is flying steadily and doesn’t seem to be moving erratically, it is most likely operating safely. On the other hand, if it is erratically moving, it could be malfunctioning, an extremely rare occurrence. In this case, move to a place where you can be safe from the drone.

If there doesn’t appear to be any danger to you, you’ll want to record the time, location, and any information you can safely gather about the drone, pilot, and what it is doing that concerns you. Depending on the situation, you can take photos or videos of what is going on. You can use all of this information to report the incident to local law enforcement or the FAA.

Many newer drones have a feature called Remote ID. This sends out a signal that lets people know there is a drone flying in the area, who is flying it, and where their location is. Some of the information can only be seen by law enforcement, but there are apps such as the Drone Scanner app that will let the average citizen also see some of the information.

A word of caution. If the drone comes close to you or lands next to you, it is best not to touch it. Drone propellers spin at thousands of rpm. They can cause serious injuries, and you should avoid doing anything that could bring the propellers close to your body.

Final Thoughts

Drones are fun and innovative tools that can be safely integrated with people as long as they are used properly. However, coming across a drone can also be stressful, especially when safety and privacy are a concern.

In order to understand if a drone is operating illegally, learn some of the basic rules like those listed above. Even if you feel like it is a good idea, never shoot down a drone or try to jam the signal. By documenting what is going on, you can provide law enforcement and the FAA/FCC with the information they need to investigate the issue.

Finally, don’t let a few troublemakers ruin drones for you. Most drone pilots are just out flying for fun or are providing a valuable service to the community.

FAQ

Can drones be used for illegal surveillance or spying?

While it’s technically possible, using a drone to invade someone’s privacy is illegal and can result in legal action against the operator.

What should I do if I feel my privacy is being violated by a drone?

Document the incident, gather evidence like photos or videos and report it to local law enforcement or the FAA.

How can I identify who is flying a drone near me?

Use apps such as Drone Scanner to check for Remote ID signals or report the activity to authorities who can access detailed pilot information.

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