Drone in near-miss situation with CHP helicopter over Martinez

By DONNA BETH WEILENMAN
Martinez Tribune

MARTINEZ, Calif. – Martinez Police Department is helping provide information to the Federal Aviation Administration (FAA) after a California Highway Patrol helicopter nearly collided with an unmanned drone late Saturday, Dec. 5.

With drones becoming a popular holiday gift item, the FAA has expressed worry that such encounters with airplanes will increase, and is developing regulations it hopes will prevent any collisions.

The Martinez near-miss happened about 9 p.m. Saturday, Dec. 5, when CHP Helicopter H-32 was flying along California Highway 4 in Martinez in search of a vehicle reported stolen and traveling east on that highway, CHP Officer James Andrews of the Golden Gate Division’s Air Operations Unit said.

“H-32 was approximately 700 to 800 feet above ground level when the crew’s attention was drawn to a red light outside the aircraft,” Andrews said.

CHP officers quickly realized the light was from a drone flying at the same altitude as the helicopter, he said. The drone was almost directly in front of the helicopter “and very close,” he said.

The CHP pilot veered the helicopter to the right to avoid a collision, Andrews said. “The drone passed to the left of the helicopter at very close range,” he said.

The pilot then circled the helicopter to his left to search for the drone, he said.
He and the onboard crew spotted the drone and turned the helicopter’s bright spotlight onto the unmanned craft.

The CHP helicopter pilot was talking with the tower controller at Buchanan Field Airport in Concord when the helicopter encountered the drone, Andrews said. The tower controller also sent the FAA required information about the encounter.

They followed the drone until it landed on Roux Court and kept it in sight while they called Martinez Police Department and asked for help.

A Martinez Police officer arrived and spoke with the drone operator, who was found carrying the craft in the front yard of a Roux Court home after he picked it up from the street, Andrews said.

Martinez Police Chief Manjit Sappal said his department obtained information about the incident and filed a report Monday to the FAA.

He said the drone operator is a 23-year-old man with a Chinese passport. His department hasn’t determined whether the man is a visitor or exchange student, but that doesn’t change “any aspect of the investigation,” he said.

Meanwhile, Andrews said the drone operator might face prosecution.

The way drones are regulated doesn’t make the investigation easier, Sappal said.

“There is no current legislation on drone use, although this is being discussed in the legislature,” he said. “There were several bills regulating the use of drones proposed this session, but nothing that made it into law yet.

“I believe that Senate Bill 142 was vetoed a few months ago and it dealt with making some drone flights over private property illegal,” he said.

Sappal said part of his department’s investigation involves getting clarification about which laws might apply in this case.

According to information provided by the FAA, use of most drones for hobby or recreational flying doesn’t yet require the administration’s approval, although operators are expected to follow safety guidelines.

“The FAA says you become part of the U.S. aviation system when you fly your drone in the nation’s airspace,” a statement from the administration said.

Last month, FAA Administrator Michael Huerta said he was forming a task force to develop a registration process for those operating small, unmanned aircraft systems, his agency’s term for drones. Those changes are in development. Those who want to monitor the status of the changes may send inquires to UAS-rule@faa.gov.

However, FAA regulations limit drone speeds to a maximum speed of 100 mph or 87 knots, and height to a maximum altitude of 500 feet above ground.

Hobbyists are supposed to keep their aircraft even lower, below 400 feet, and to keep them away from surrounding obstacles as well as wildlife and pedestrians, and to observe temporary flight-restricted zones and National Oceanic and Atmospheric Administration zones, according to the FAA.

Sappal also advised against flying them near stadiums and people. “Don’t be careless with your unmanned aircraft,” he said. “You could be fined for endangering people or other aircraft.”

Rules are stiffer for civil and public uses, for which the aircraft must be certified.

The FAA is working in partnership with the Association for Unmanned Vehicle Systems International (AUVSI), the Academy for Model Aeronautics (AMA) and the Small UAV Coalition to provide guidance to those who are operating unmanned drones.

The agency recommended operators take lessons to learn how to fly their drones safely, and to fly them in conjunction with local model aircraft clubs. Operators who fly their drones within five miles of an airport should contact the control tower.

Operators are told to avoid flying their craft near manned aircraft and to keep the device in sight.

Drones and model aircraft weighing more than 55 pounds must be certified by an aeromodelling community-based organization.

The FAA Modernization and Reform Act of 2012 requires model aircraft, including drones, be flown as a hobby or for recreational use and operators must follow community-based as well as national guidelines. Drone operators must give way to any manned aircraft, the FAA statement said.

“The statutory parameters of a model aircraft operation are outlined in Section 336 of Public Law 112-95, the FAA Modernization and Reform Act of 2012,” Sappal confirmed. He said individuals who fly within the scope of these parameters do not require permission to operate their Unmanned Aircraft Systems (UAS); however, any flight outside these parameters, including any non-hobby, non-recreational operation, requires FAA authorization.

He gave an example: “Using a UAS to take photos for your personal use is recreational; using the same device to take photographs or videos for compensation or sale to another individual would be considered a non-recreational operation.”

He said if the pilot of the unmanned craft is unable to comply with these restrictions, then he or she must comply with another set of guidelines called “Civil Operations (Non-Governmental).”

He provided links that can guide drone operators: https://www.faa.gov/uas/model_aircraft and https://www.faa.gov/uas/civil_operations.

Because the CHP helicopter had to track the drone after the near-miss, those on board were unable to continue answering the original call to search for the reported stolen vehicle, Andrews aid.

“As the holidays are quickly approaching, the Federal Aviation Administration reportedly expects about one million drones to be given and received as gifts.

Everything from very small quadcopters to larger drones capable of high altitudes and beyond line of sight flight,” he said.

“Please remember that these drones, no matter what size, are a distinct danger to manned aircraft of all sizes,” Andrews said.

Sappal agreed that the devices are expected to become more popular.

“I would recommend that people be cautious in using them,” he said. “This incident should serve as a reminder of the potential dangers that come with using drones.

They should not be flown at a height that could impact aircraft, especially at night.”

“Please make sure that these drones are being operated at safe altitudes and in a safe manner,” Andrews said. “Make sure that children receiving these drones are mature enough and supervised while operating them.”