Hypothetical--who gets in trouble?

[aerialimagery]

This didn't happen and I don't plan on making it happen. I'm just curious.

Let's say I'm flying my drone in controlled airspace without authorization (by mistake--but that's probably irrelevant). I have someone with me and offer to let him fly drone around. At that point an officer approaches us and he turns us into the FAA, but has only witnessed my friend flying the drone (though I suppose I would technically be the PIC so there's no way I could get off the hook).

Who is in trouble? Me as the drone owner who should have known better, or the poor fellow who I let fly my drone, or both of us?

 

[MapMaker53]

Clearly if you are flying commercially, you are the Pilot In Command (the one with the certificate) and the FAA will come down on you (not your friend) as you are the person responsible for ANYTHING that happens regardless of who is at the controls -- such as in the case of training someone. If flying recreationally, my guess is your friend would get the fine since the one responsible during recreational flights is the person at the actual controls -- as far as I know.

 

[BigAl07]

I'd imagine you'd both get a slap on the wrist and some papers to review and sign. You being a "licensed" and "skilled" COMMERCIAL Operator would probably get a few extra slaps but the FAA is about SAFETY and EDUCATION. First time would probably be a stern talking to and "educational documents". You might get some additional scrutiny and you'd be on their radar now.

It's possible you'd get some marks against your name and you might not get future "submissions" as easily as someone else would.

 

[LUIS MARTINEZ]

This didn't happen and I don't plan on making it happen. I'm just curious.

Let's say I'm flying my drone in controlled airspace without authorization (by mistake--but that's probably irrelevant). I have someone with me and offer to let him fly drone around. At that point an officer approaches us and he turns us into the FAA, but has only witnessed my friend flying the drone (though I suppose I would technically be the PIC so there's no way I could get off the hook).

Who is in trouble? Me as the drone owner who should have known better, or the poor fellow who I let fly my drone, or both of us?

PIC,PIC,PIC....Legal PIC is ultimately responsible to the FAA.

 

[R.Perry]

I don't think our friend would have any consequences, but you possible could be getting a good slap on the wrist as long as you have a clean record with the FAA. One thing that doesn't work with the FAA is the "I didn't know that" in fact from my experience that is the last thing you want to say to them.
I think the saying goes "ignorance of the law is no excuse."
I told a cop one time that I thought the 55 mph sign was just a suggestion, he had no sense of humor.

 

[dronecyclops]

Ignorance of the law applies to both pilots the Part 107 pilot would/should be held to a higher standard

 

[SanCap]

I am contracted to fly 3 panos a week for the municipality I live in. We have some helicopter sightseeing traffic, mosquito control helicopters ops operating at 75-150 feet agl, low flying sightseers and banner towers. I can not always fly on the same day due to weather and other obligations.

I chatted with the good folks at flight service and they suggested I block out times and dates while I have the contract and create NOTAMS for my flight areas. As a past 333 operator I was required to file NOTAMS, now I do it as an extra safety factor and as an extra way to CYA. I am not sure how this would play out in a court of law but I am doing my best to let aviators know my intentions. I have my little Island covered with NOTAMS till December.

They are posted as NOTAMS for our local Class C airport and show up on Skyvector's Drotams.

 

[Earnest Ward]

Keep in mind that you may be running afoul of local authorities too - and they may actually be less lenient than the FAA at this point. (If I have my facts straight, it was local authorities who confiscated the drone (an Inspire) and required forfeiture of all future droning rights as part of the plea-bargaining agreement for the pilot who flew into the Seattle space needle. (But, then, given that crews were up on the tower installing pyrotechnics for the New Year's celebration he was probably lucky to get off without jail time.)

"Accidentally" flying in controlled airspace isn't going to (and shouldn't) cut it when that information is readily/easily available free on any smart device with cellular service. And, of course, if the airspace falls within a current LAANC region authorization can be obtained in less time than it takes to set up the aircraft itself.