The US Federal
Aviation Administration (FAA) has issued a Compliance and Enforcement Bulletin,
to guide its personnel on enforcement actions against Unmanned Aircraft Systems
(UAS) and model aircraft operators, who violate FAA rules by endangering the safety
of the US National Airspace System (NAS). The most interesting part of the Bulletin
refers to sanction determination.
The Bulletin
amends Order 2150.3B (FAA Compliance and Enforcement Program). In determining what
sanctions to impose for violation of FAA rules by operators of unmanned aircraft
(UAS or model aircraft), the FAA provides the following guidance:
(1) For
first-time, inadvertent violations posing a low actual or potential risk to
safety, but one in which the aviation safety inspector determines compliance
cannot be gained through education, administrative action should be undertaken,
i.e. warning notices or letters of correction.
(2) When the
risk to NAS safety is medium or high, or when repeated or intentional
violations of FAA rules occur, then the FAA prescribes legal action, i.e. a
fine or other sanctions. The amount of the fine depends on the risk posed and
the behavior of the operator: medium risk will incur a moderate fine, whereas
high risk or repeated/intentional violations will bring about a fine in the
maximum range.
It is also
noteworthy that the FAA has decided to inflict stricter sanctions to
certificate holders, i.e. mainly to persons who have a pilot license. Such
persons have special knowledge that enables them to better appreciate the risks
they create by violating the FAA safety rules. Therefore, the FAA instructs its
personnel to impose higher penalties and possibly suspend or revoke the
certificate of these persons.
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