{"id":1136,"date":"2018-09-13T13:38:25","date_gmt":"2018-09-13T13:38:25","guid":{"rendered":"https:\/\/www.bfvlaw.com\/he-shot-the-drone-down-ask-questions-first-draw-conclusions-second\/"},"modified":"2022-08-04T18:11:26","modified_gmt":"2022-08-04T18:11:26","slug":"he-shot-the-drone-down-ask-questions-first-draw-conclusions-second","status":"publish","type":"post","link":"https:\/\/www.bfvlaw.com\/he-shot-the-drone-down-ask-questions-first-draw-conclusions-second\/","title":{"rendered":"He shot the drone down: Ask questions first, draw conclusions second"},"content":{"rendered":"\r\n

This week someone in Ohio reportedly shot down<\/a> a DJI Inspire 2, according to \u201cRick\u201d the owner of the late Inspire 2.<\/p>\r\n\r\n\r\n\r\n

Let\u2019s hold off on canonizing the self-described \u201chobbyist\/aspiring drone pilot\u201d or burning the alleged drone killer at the stake based solely on the operator\u2019s version of events. A business litigator for more years than I like to admit and a drone lawyer with knowledge and experience concerning FAA regulations and the rules for hobbyists, I have a few questions first.<\/p>\r\n\r\n\r\n\r\n

What\u2019s being reported?<\/u><\/strong><\/p>\r\n\r\n\r\n\r\n

According to various internet news reports, the \u201chobbyist\/aspiring drone pilot\u201d states that he was flying in late evening documenting bridge construction in his neighborhood when everything went dark. He says he went to the house closest to the drone\u2019s last location and knocked on the door to enquire about his Inspire.<\/p>\r\n\r\n\r\n\r\n

Again, according to the hobbyist\/aspiring drone pilot, the man who answered the door initially denied knowing anything about the drone, but later changed his story. He claimed that the drone was invading his privacy by flying over his backyard where his wife was sunbathing. When the DJI owner pointed out that it was \u201cin the late evening,\u201d the man allegedly confessed to shooting it down and returned the totaled drone to the owner. The DJI in the photograph above does indeed look as if it had been hit by a shotgun.<\/p>\r\n\r\n\r\n\r\n

I have questions.<\/p>\r\n\r\n\r\n\r\n

Regarding the facts<\/u>\u00a0 <\/strong><\/p>\r\n\r\n\r\n\r\n

Why didn\u2019t the drone operator have insurance? Suppose he had flown into a car or a window, caused a child to wreck a bike or scooter, and so forth?\u00a0 He\u2019s worried about the cost of the drone when he should be worried about liability for property damage or personal injury to third parties.<\/p>\r\n\r\n\r\n\r\n

Was this operator a member the Academy of Model Aeronautics and was he flying pursuant to their safety rules and regulations? Was he complying with ALL requirements of Section 336<\/a>? Because if not, then he was by default required to comply with Part 107<\/a>.<\/p>\r\n\r\n\r\n\r\n

Why did the operator not see where the drone went down? A novice \u201cjust learning\u201d should not be flying beyond visual line of sight (BVLOS), \u201cin his neighborhood.\u201d If the newly minted operator was flying BVLOS, then where was the visual observer?\u00a0 Furthermore, if this hobbyist is operating around a bridge, what is his drone doing over someone else\u2019s back yard (assuming it was)?<\/p>\r\n\r\n\r\n\r\n

What does the pilot mean by \u201clate evening\u201d? In Ohio, during this time of year, sunset appears to be around 7:50 p.m. I want to know exactly what time this occurred and verify that the drone operator was using good judgment in flying at that time.<\/p>\r\n\r\n\r\n\r\n

What is the population density where the drone was being operated?\u00a0 \u201cIn my neighborhood\u201d provides no clue regarding whether this was an urban area or a rural suburb. Is learning to fly \u201cin my neighborhood\u201d without at least notifying the neighbors really a good idea to begin with?<\/p>\r\n\r\n\r\n\r\n

Were there any airspace restrictions or temporary flight restrictions (TFRs) around the bridge?\u00a0 Did the operator follow proper protocols set out, for example in the B4UFly<\/a> app?\u00a0 Was the bridge in use so that the drone would be a distraction to drivers? Were there workers on the bridge?<\/p>\r\n\r\n\r\n\r\n

Regarding the responses of both parties<\/u><\/strong><\/p>\r\n\r\n\r\n\r\n

First, I\u2019ve written about self-help remedies<\/a> before. The law recognizes some form of \u201cself-defense\u201d for taking out a drone by any means available or necessary if one is reasonably in fear of \u201clife or limb.\u201d Every lawyer I know, including myself, would gladly take a case of clear self-defense.<\/p>\r\n\r\n\r\n\r\n

Outside a self-defense situation, shooting a drone is usually a cure worse than the problem.\u00a0 Shooting the drone is a federal crime punishable by fines and lengthy imprisonment (18 U.S.C. 32), but the federal authorities may not want a jury trial against a homeowner alleging privacy concerns with possible state law defenses. On a state level, this Ohio homeowner may well be charged criminally.\u00a0 He\u2019s looking at a lot of time, money, inconvenience, and possible penalties, including possible prison time.\u00a0 His homeowner\u2019s insurance will almost certainly not cover any of it, nor will it cover the damaged drone assuming the act was intentional – even if it covers claims involving firearms.<\/p>\r\n\r\n\r\n\r\n

Until we hear from the homeowner, we cannot confirm or deny what was said. The drone operator rejected the alleged \u201csunbathing\u201d claim based on the time of day. Fair enough. But I knew a physician who liked to \u201csunbathe\u201d when the sun was low in the sky in order to enjoy the warmth on her skin without the risks of skin damage. Some people may in fact be undressed in the privacy of their backyard or in pools or spas. In all fairness, it doesn\u2019t look good for the Ohio drone slayer under the reported facts.<\/p>\r\n\r\n\r\n\r\n

The drone owner was advised by to:<\/p>\r\n\r\n\r\n\r\n