Drone Safety and the FAA’s Compliance Program (2024)

By Rafael Gaddi, FAA Safety and Compliance Team

Jeff got a drone for Christmas, but it’s been too cold to use it yet. Then along comes one of those rare warm winter days that remind him spring will come again. He takes his new drone out of its box, makes sure its batteries are charged, and heads outside. After an hour of flying, Jeff loses control of his drone, and it crashes into his neighbor’s car damaging the windshield and setting off the car alarm. A law enforcement officer happened to be nearby and responded to the alarm. Although Jeff worked things out with his neighbor, the officer notified the FAA of the incident. A short time later, Jeff received a Letter of Investigation (LOI) from the FAA. The word “investigation” jumps off the page causing Jeff to worry that he might be facing fines or worse. His worry is premature though because the FAA’s Compliance Program applies to drone pilots too!

Our new recreational flyer might wonder how in the world the FAA ended up involved in regulating what he perceives to be a harmless hobby. While some drones might be small and seem like a toy, they are aircraft, and anyone who flies a drone is a pilot.

Drones can also be used for more than just recreational flying. Many are now capable of achieving high speeds, carrying various payloads, and conducting surveillance or inspections. They have been used to transport medicine to hard-to-reach places and assess natural disasters, such as tornados, tsunamis, and hurricanes, where roads were inaccessible to first responders. Many large companies are noticing the value and viability of drones as well and are looking for ways to utilize them for economical, eco-friendly, and faster operations — such as delivering packages. When it comes to drones, the possibilities and applications are endless. But whether flown for fun, or anything else, drones can present unique challenges to safety. Let’s look at some areas where drone operations could inadvertently pose a risk and how the Compliance Program aims to address those incidents.

While some drones might be small and seem like a toy, they are aircraft, and anyone who flies a drone is a pilot.

As recreational flyers and commercial operators alike discover new ways that drones can increase fun and profit, the risk to the National Airspace System (NAS) could also increase. In 2015, before the FAA finalized the first rule for drones known as part 107, two drone incidents caught national attention. The first one happened when a drone crashed on the grounds of the White House, and the second happened when another crash-landed near the White House’s south lawn later that same year. In addition to increasing the risk to the NAS, drone incidents like these create daunting challenges to the security agencies charged with protecting our national security.

Despite the collaborative efforts by the FAA and industry to communicate the dangers related to unauthorized drone flying near aircraft and airports, the agency regularly receives concerning reports of close calls and sightings from pilots, public citizens, and law enforcement agencies each month. Many of these close encounters are captured on video and posted to social media.

Drones are also being increasingly spotted at sporting events like Major League Baseball and National League Football games. Stadiums with seating capacities of 30,000 or more spectators are covered under special security instructions. However, unauthorized drone activities over sporting events continues to be a growing problem, causing safety concerns, delays, and disruptions.

On Nov. 26, 2017, a drone pilot flew a drone over two NFL games and dropped leaflets on spectators below. Tens of thousands of spectators were present for both events. The pilot pled guilty to the criminal act and was sentenced in May 2022 (oig.dot.gov/library-item/38988). If there had been an issue with the drone, there was a chance it could have ended up in the stands among the spectators and caused harm or injury.

The FAA works closely with public safety agencies across the country, providing education and assistance for officers. Because reporting is an important part of our safety culture and how we all keep the NAS safe, the FAA encourages everyone to report unsafe aircraft operations.

There are numerous agencies that handle reports of unauthorized drone use near airports and sporting events. You may report unauthorized drone operations to the sporting venue’s security personnel or to local law enforcement. You can also make reports to the FAA through your local FSDO at bit.ly/418jjv9.

There is also a special type of reporting: voluntary reporting. The FAA has worked together with the aviation community to create an environment where drone pilots can appreciate the value of, and feel comfortable, self-disclosing safety issues. NASA’s Aviation Safety Reporting System (ASRS) is the place to go to submit this type of report (asrs.arc.nasa.gov). ASRS reports are de-identified and then shared to help everyone learn from incidents. If Jeff had known about ASRS, he could have used it to submit a report about his drone incident to try and help other new drone pilots avoid the mistakes he made. The FAA considers this type of self-reporting evidence of a constructive attitude, which is an important part of the Compliance Program.

Compliance actions can be taken to correct unintentional mistakes arising from simple mistakes, lack of understanding, or diminished skills.

The honest and open exchange of safety information is integral to the Compliance Program. As such, the FAA continues to encourage the public to report unauthorized drone operations to help prevent risky and unsafe activities in the NAS.

In 2015, the FAA made a shift in its enforcement policy with its Compliance Program (initially called Compliance Philosophy). This shift allowed the FAA to take compliance actions such as counseling, training and education instead of legal enforcement actions (e.g., fines or certificate suspensions). The objective of this program is to identify the safety problems that caused the incident and correct them as quickly, efficiently, and effectively as possible. This program stresses a collaborative problem-solving approach along with fostering an open and transparent exchange of information to enhance the safety of the NAS. For more information, go to faa.gov/about/initiatives/cp.

The Compliance Program focuses on using non-punitive methods, or “compliance actions,” where appropriate. Compliance actions can be taken to correct unintentional mistakes arising from simple mistakes, lack of understanding, or diminished skills. Examples of such actions include on-the-spot-correction, counseling, and additional training with the purpose of restoring compliance and identifying and correcting the underlying causes that led to the incident. It is intended to be used as an open and transparent safety information exchange between you and FAA personnel.

Now let’s finish our story and see how the Compliance Program works for Jeff. Jeff meets the inspector to discuss the incident with his drone. He tells the inspector that he just got his drone, and this was his very first time flying. He is only interested in flying for fun and was not aware of the rules and regulations that apply when flying a drone. He apologizes and asks for more information about how he can fly in compliance with the FAA’s rules. Seeing that Jeff is willing to learn more about flying drones safely, the inspector determines that counseling would be the most effective method to help Jeff in his future flying. The inspector starts by telling Jeff to take the TRUST — an aeronautical knowledge and safety test developed by the FAA for recreational drone flyers. He also talks to Jeff about how to register his drone, check the airspace for any restrictions before taking off, and about what a community-based organization (CBO) is. He lets Jeff know that following an FAA-recognized CBO’s safety guidelines is important for safety and is required by regulation for recreational flyers.

Not every investigation ends with a compliance action though. In contrast, an unwillingness or inability to comply may result in legal enforcement action. Likewise, evidence that supports an intentional deviation, careless or reckless behavior, or other significant unsafe act, would rule out compliance actions. These behaviors represent the greatest safety risk to the NAS.

The Compliance Program is integral to safely integrating drones. It allows us to work together and share lessons learned to improve safety. When something happens, let’s learn and grow from it. With the help of the Compliance Program, the skies above can remain safe and accessible for all aviators, new and experienced.