Licensed Part 107 Operator Was Cited By The City

A drone operator with a Part 107 license was recently cited by the City of Chicago for flying his aircraft over people without their consent ... except that it didn't happen.

On the Drone Law Blog, attorney Jeffrey Antonelli describes the case against Jerrick Hakim, who made one flight on Chicago's lakefront several hundred feet from shore. When stopped by the police, he pointed to the section of Chicago's drone law which says it does not apply to those flying with an FAA license. But the police reportedly assumed that, because there were a lot of people on the waterfront, he must have violated the ordinance by flying over them without their permission.

That was not the case. No witnesses said that he had, and the observation by the police of pedestrians on the lakefront path had been made some time after the flight occurred. Despite cooperating with the police, his possession of a license, and no witnesses against him, he was ticketed and had to go to court.

Antonelli's firm represented Mr. Hakim, and won. They believe it is the first time that the city has prosecuted an FAA licensed commercial drone pilot.

Antonelli writes that the citation should not have been issued in the first place. And that the case shows a failure of national drone policy. He also holds that the Chicago ordinance is largely, if not entirely preempted by federal law. And, he says, there are "countless" states, cities and towns who are overstepping their authority in creating drone regulations. The entire article is worth reading.

(Image from file)

FMI: Original article