Drone on Drones: Fly into the Danger Zone

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It’s wildfire season in California, a dangerous time of year made worse by the ongoing drought. Yet, another threat entirely is plaguing firefighters this year. During at least five fires over the past month, aircraft dispatched to fight growing fires had to pull back to avoid potential collisions after drones were spotted in their flight paths. Two California lawmakers, Assemblyman Mike Gatto (D-Glendale) and Sen. Ted Gaines (R-El Dorado), introduced legislation this week that would essentially provide firefighters and other first responders immunity for damaging any drone intruding into areas during a fire or other emergency. Separate legislation proposes jail time and/or increased fines for drone operators who interfere with firefighting efforts. Meanwhile, federal officials are considering new rules that would require all drones to be marked with registration numbers, an effort that would assist authorities in tracking down their pilots.

Drones can complicate things during an already chaotic situation by requiring firefighters to make strategic decisions about whether they can safely fly fire aircraft without additional risk to the pilots or those on the ground. Air tankers and helicopters traditionally fly at low altitudes and the presence of drones creates a substantial risk of collision.

California firefighters have made public service announcements warning that drones near wildfires present a safety hazard. Drone industry leaders have also launched a recent campaign known as “Know Before You Fly” geared toward educating drone owners. The campaign aims to inform drone operators about FAA regulations governing their use of drones. For all of the concerns about privacy and surveillance, and all of the optimism about the endless possible innovations that drones provide, we are now entering a period where information disparity is a significant challenge for regulators. Many drone hobbyists may not be aware of drone regulations, which makes compliance a seemingly colossal challenge at the local, state and federal level. As new regulations concerning drones continue to be introduced in the Legislature with the ultimate goal of protecting public safety, it is imperative that — prior to implementation — the public is educated as to how these policies effect drone use.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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