Alleged Collision of a Drone and an Airplane

Alleged Collision of a Drone and an Airplane

chippedpaint

It was reported that on Thursday morning a drone and a 1960’s Cessna 172 collided in the air over Costa Rica. It is alleged that the Cessna hit the drone with its right wing strut. This is NOT the wing but the strut supporting the wing. The result was chipped paint on the strut. Superficially, it looks like most of other struts I observed when I was regularly out on the flight line as a flight instructor. If you are wondering why it is normal to see paint chipping, this is because rocks sometimes get blown up during the run-up process of airplanes and hit the aircraft.

In the United States, recreational drone flyers should stay below 400 feet above the ground. It is better to stay as low as you can because agriculture pilots and helicopter pilots sometimes fly very low sometimes, almost sneaking up on drone pilots who do not have enough time to react. I compiled a list of FAA guidance documents regarding recreational flyers, excluding 91-57A, in one of the chapters of my book Drones: Their Many Civilian Uses and the U.S. Laws Surrounding Them.

Now all you recreational flyers out there calm down. I know many anti-drone folks will use this as a perfect example to say that drones should be heavily regulated before “they take down an airliner,” but I think this is a perfect reminder of how much we need to educate new flyers on how to operate safely.

Unfortunately, as I explained in a previous blog post, the FAA is currently not allowing commercial drone flight instruction under a public COA or a section 333 exemption. We as recreational flyers should attempt to pick up the safety slack promote safety while we still have freedom to fly.

Before we jump to conclusions and fault the recreational drone flyers, let’s ask some questions.

  • How do you know that the pilot was paying attention? There are many accidents that have been caused by the pilots not paying attention. It is a two way street for both parties to see and avoid other aircraft.
  • How do we know this is a recreational drone and not a drone operated by the government? There seems to been some incidents of the military or even police using drones unsafely. The Academy of Model Aeronautics published a study on the FAA’s drone data and said, “In perhaps the most surprising example, on August 18, 2015, the Los Angeles Police Department notified the Inglewood Police Department that a drone the latter agency was flying over a crime scene ‘needed to come down.’ The drone was flying two miles from the approach end of a runway at LAX.”
  • How do we know that it was the drone operator flying the drone higher than he should have and not a fly away? Could the drone been manufactured incorrectly? Was there some type of GPS interference?
  • How do we know it was a drone? The internet was freaking out that a drone collided with an aircraft but it later turned out to be a bird.
  • Do we have any evidence there was a collision with a drone other than some chipped paint and a pilot’s testimony?
  • Do we have a drone wreck or pieces of the drone?

We need to investigate further and only make determinations when there are hard facts, not just chipped paint and a story.

http://jrupprechtlaw.com/drone-and-a-cessna-172-collide

 

Jonathan Rupprecht

Jonathan is an aviation attorney who focuses on unmanned aircraft. He holds an FAA Commercial Pilot certificate and is also an FAA certified Flight Instructor.