You Got a Cool Drone for the Holidays...How to Stay Out of Hot Water With the FAA...

Let me cut to the chase when it comes to drones. A hobbyist was recently hit with a $15,000 fine from the Federal Aviation Administration for a flight that crash landed near an airport runway in Las Vegas.

When the hobbyist ignored the letters from the FAA, the fine climbed to $20,000 with penalties and interest. This type of pricy scenario could hit home for those who received a drone for the holidays and either intentionally or unknowingly disregard federal law.

Drones or small unmanned aircraft systems (sUAS) are a hot gift this holiday season. Many look and act like remote-controlled toys, but even a cheap drone purchased at Bed, Bath and Beyond can get its owner in hot water with the Federal Aviation Administration (#FAA).

First, the FAA considers all drones to be aircraft operating in the national airspace known as NAS. That may not make logical sense to compare a $39.00 hunk of plastic to a helicopter, but the fact is there is a remote chance that the two could come in contact and the results could be catastrophic.

Case and point: I live in the Hudson Valley of New York state. Many aircraft use the Hudson River as a navigational tool. This goes for medivac helicopters, military flights, police responses, and the everyday private recreational pilot.

No less than 5 times a week, I see and hear aircraft above--in what could be airspace where drones could be flown.

The Federal Aviation Administration controls all "navigable" airspace. What navigable means is currently up in the air and will likely have to be hashed out in court. However, if you ask the FAA, that probably means from the ground up.

The biggest mistake most newbie pilots make is that they look in the wide-open sky and think its all clear to fly a drone.

Let me tell you, I have been flying drones for almost five years and its not uncommon for an aircraft to seemingly come out of nowhere. At first, they sound like a lawnmower, motorcycle or a Subaru with a bad muffler. Then, you see them approaching and knowing what to do as a matter of training is a key impulse that must be understood by all.

A majority of hobbyists and even some commercial drone operators think in terms of--what is the worst thing that can happen?

For those drone pilots who have studied for and passed the FAA's knowledge test and gained a part 107 remote pilot certificate--we know the worst thing that can happen because we have learned to think like a pilot.

Historically, pilots follow safety protocols established by the FAA, because their "butts were in the seat" of a plane that could be impacted by unsafe actions of other pilots.

Now, with tens of thousands of aircraft in the national airspace, that person-to-person accountability has gone out the window. This week, the FAA announced it is looking into a "license plate" system for drones to keep track of them and potentially irresponsible actions of the three C's--the careless, the clueless and the criminal.

How long does it take for a drone to get from under the tree to on top of one?

Just ask social media. There are already hashtags and YouTube content on Christmas drone crashes. One Facebook poster I saw, already asked how to recover a drone from an out-of-reach place in a tree. (Asking for a friend, of course). A bucket truck to retrieve a drone from a tree could cost let's say...$300.00 a "friend" told me. But, before that happens, anyone who gets a drone from the holidays needs to know the following ground rules flight, according to the estimated 10,000 hours I have invested in learning FAA regulations, listening to drone podcasts such as #AskDroneU or watching webinars from the FAA.

1.) Register your drone with the FAA and insure your drone whether you are flying commercial or hobby flights. (More on the difference in a minute).

2.) Keep the drone in a visual line of sight at all times. If you can't see the drone and its surroundings you could miss crashing into a Blackhawk helicopter.

3.) Understand that the FAA has classifications for all airspace based on the amount of traffic and protecting space for landings and take-offs. Controlled airspace is the name of busy airspace where traffic is landing, taking off or moving through congested areas.

3a.) If you are flying in controlled airspace, you need to be pre-approved via apps such as Kittyhawk, Skyward and B4UFly.

3b.) If the location you are flying in does not allow (LAANC) real-time access, then you need to apply for a special airspace authorization through the FAA's website Drone Zone.

3c.) Realize that the FAA is not kidding around with fines for folks who knowingly and intentionally fly drones against federal regulations. You could end up with a seriously heft fine.

4.) Fly at altitudes below 400 feet above ground level or determined by the FAA to reduce the risk of impacting other aircraft. Practice "see and avoid" when it comes to flying a drone where you may come in contact with other aircraft.

5.) Avoid drinking alcohol for 8 hours before a drone flight. That also goes for other substances that might alter or impact your vision, hearing and overall judgement.

6.) Understand that a flight for pure pleasure is considered a hobby flight and currently no formal certification is needed. If a drone flight is used to further a business, organization, agency or non-profit a part 107 certification is required. No money needs to change hands just furthering a business. Here is a synopsis of the rules for recreational flight.

TheDroneU Podcast offers further insight on where recreational drone pilots can fly in 2019.

7.) Realize that shooting content--thinking you are a hobbyist--and posting it all over social media may not qualify as a hobby flight. It's not your opinion it is the rules and regulations of the FAA.

8.) Fly at night as a hobbyist requires that your drone have operating LED warning lights that can be viewed by 3 nautical miles by all aircraft. (The flashing lights on your drone do not count.) Hobby drone flights cannot be done at night in controlled airspace. Again, use an app to determine what airspace you are in. Be aware that even the apps have errors in them so the most failsafe way of determining airspace is through aeronautical charts found at SkyVector.

Here is an aviation attorney's take on flying at night. Fly a drone at night as a commercial pilot requires a 107.29 waiver from the FAA that basically ensures you understand the impact night time flights have on your ability to fly. You can fly a drone for commercial purposes without the 107.29 waiver in what is known as "civil twilight"--a half hour before and after sunset.

9.) Avoid flying over people, moving vehicles or critical infrastructure such as the Statue of Liberty. (Actually, New York City has a ban on takeoffs and landings throughout its five boroughs). One lawmaker is pushing to remove the outdated legislation banning drones in New York City. Keep in mind, aside from having some of the tallest buildings in the world the city also has some of the busiest airspace in the world.

10.) Since the national airspace is considered a public thoroughfare, it is believed that flying a drone over private property is similar to flying a plane or helicopter over private property. However, there is concern that a drone has the capability to gain closer visual access. Drones these days do not have the focal length to look in someone's window. A expectation of privacy is generally not found outside a home. Again, TheDroneU offers insight into drone privacy issues.

PRO TIP...since the FAA controls the airspace (from the ground up) the only thing that local and state governments mostly control are land-use issues. This includes a drone pilots ability to take off and land from public property.

FINAL APPROACH: Hopefully, you are getting the picture that drone flights can be complex--impacted by federal, state and even local rules. The FAA operates with a compliance philosophy--safer skies through education. That does not mean that the skies are the limit. It means everyone really needs to educate themselves. Those who intentionally flaunt the law could face hefty fines.

Big changes are on the horizon as the drone industry takes off. Congress has mandated that they want the FAA to ensure that ALL drone pilots pass a knowledge test--akin to a driver's test. Truth be told, this is smart thinking as what I gained from the knowledge test is to think in terms of risk mitigation. Accidents do happen.

What is the worst thing that can happen? Well, drones are mechanical devices, powered by battery, controlled by smartphones, guided by apps and piloted by humans? What could go wrong: Magnetic inference, dog fences, wifi, microwaves, underground infrastructure, unexpected weather and even upset neighbors shooting at it.

LANDING: It seems Santa has a close working relationship with the FAA that allows the jolly guy to get away with a lot flying his sleigh on Christmas Eve. If you got a drone this holiday season, don't let the excitement of having a box in front of you stop you from knowing the rules and regulations.

Don't just roll the dice and fly like the hobbyist in Las Vegas. It's an expensive lesson he will not soon forget.

Roger Rosenbaum is a chief drone pilot for Brand-News-Team, Inc--a digital PR and marketing communications company. Rosenbaum is an award-winning Part 107 commercial drone pilot who is a volunteer drone pro with the FAA's Safety Team (FAAST). The opinions expressed in this article are his own and are not intended as legal advice.