Enforcement Bulletin Change Issued Due To Increasing Number Of UAV Flights In The U.S.

While it turned out that AC 91-57 dealing with model aircraft was not being canceled ... at least not yet ... the FAA last Friday did release a change to Compliance and Enforcement Bulletin No. 2014-2 that UAV and model aircraft operators should note ... particularly if they hold a pilot certificate.

The bulletin, directed to "all personnel who investigate, report, or process enforcement actions involving the operation of UAS in the NAS," outlines new possible enforcement actions for those found to be in violation of the FAA's UAV ban.

The new guidelines instruct those personnel to consider the following when determining if sanctions are warranted:

• Whether the violation was a first-time and inadvertent violation;
• Whether the violation involves repeated or intentional violations; and
• Whether the safety risk resulting from the operation in terms of actual or potential endangerment to the NAS was low/medium/high.

It also states that "If the operation of a Model Aircraft endangers the safety of the National Airspace, the FAA may cite violations of applicable operational regulations in any enforcement action determined to be appropriate."

But perhaps of greatest concern to licensed pilots is a footnote to the document that states "A certificate holder should appreciate the potential for endangerment that operating a UAS contrary to the FAA’s safety regulations may cause. Accordingly, a violator’s status as a certificate holder is an aggravating factor that may warrant a civil penalty above the moderate range for a single, first-time, inadvertent violation."

Loosely translated, that means your aviator privileges could be at risk for flying a UAV.

The FAA said that the bulletin was issued because "there is an increasing number of UAS operations conducted in the United States that are operated contrary to applicable statutory and regulatory requirements. These operations may create unacceptable levels of safety risk in the National Airspace System (NAS). Based on the FAA’s growing concern about the safety of UAS operations in the United States, the FAA will use its resources to educate UAS operators about regulatory compliance and, when appropriate, use administrative and legal enforcement action to gain compliance.”

FMI: www.faa.gov/documentLibrary/media/Order/2150.3B_Chg_6_.pdf