ASRS Callback Drone Challenge
By Scott Spangler on October 30th, 2023
October kudos to the editors of NASA’s Aviation Safety Reporting System (ASRS) Callback for selecting atypical reports for their periodic “What Would You Have Done?” issue. In all the years I’ve been reading the selected scenarios to challenge and expand my aeronautical decision-making universe, this is the first time I’ve faced the unfamiliar regulatory and operational environment of a Part 107 unmanned aircraft system (UAS).
In “Part 107—Night Stealth,” the drone PIC “observed…while on a photography session, another small UAS operating with no anti-collision lights during dawn. I had two anti-collision strobes…activated and operating continuously. I immediately evaded the area to avoid a collision, since the other PIC was flying erratically. I departed about 150 feet north, and the other PIC followed and continued to fly erratically below me.”
At first reading, an initial reaction would be to bring my drone home while avoiding the erratic wandering of the lightless drone. But this was my Part 91 brain thinking. How would a rudimentary understanding of Part 107 affect my decision? To find out, I found the August 2016 edition of FAA-G-8082-22, the 88-page Remote Pilot—Small Unmanned Aircraft Systems Study Guide and settled in for a quick read of the chapters that would, most likely, provide the information I needed.
Chapter 1: Applicable Regulations, surprised me. “Be familiar with 14 CFR part 107 and all parts referenced in part 107, as well as AC 107-2.” Given some time to think about it, getting links to the current links should not have surprised me. As they are in manned aircraft, the remote pilot in command is responsible for and is the final authority in the drone’s safe operation, and that the R-PIC complies with the requirements of Part 107, which I’m guessing that the rogue operator in the reported scenario was not doing.
Yup, according to §107.29, Operation at Night, the other operator was violating the regs. To fly at night, or during civil twilight, an appropriately trained and tested R-PIC can fly a drone with “lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision.” In addition, “The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.”
§107.37, Operation Near Aircraft; Right-of-Way Rules, is straightforward. Drones must yield to all other flying machines, and “may not pass over, under, or ahead of it unless well clear.”
I didn’t expect the regs to provide any guidance on what to do when someone else is going rogue. Maybe I’ll find what I’m looking for in AC 107-2A, dated February 1, 2021. Section 5.11.2, Safety Risk Assessment, pointed me at Appendix A for “additional guidance on how to conduct an overall safety risk assessment.”
Section 5.13, Remaining Clear of Other Aircraft. Now we’re getting somewhere. “The remote PIC must be aware of other aircraft, persons, and property in the vicinity of the operating area, and maneuver the small unmanned aircraft to avoid collision.” This supports my first-glance decision to return to home base. Even if the other guy is flying rogue, “The remote PIC must take action to ensure other aircraft will not need to maneuver to avoid colliding with the small unmanned aircraft.”
Section 5.18, In-Flight Emergency, and Section 5.19, Careless or Reckless Operation, only recommended not participating in these operations, not what to do when someone else is. I did learn, however, that drone pilots face a wider realm of careless of reckless: “Because sUAS have additional operating considerations that are not present in manned aircraft operations, there may be additional activity that would be careless or reckless if conducted using an sUAS. For example, failure to consider weather conditions near structures, trees, or rolling terrain when operating in a densely populated area could be determined as careless or reckless operation.”
Off to Appendix A, Risk Assessment Tools, which presents decision-making and crew resource management examples. Nope. The closest example was a drone filming an accident scene when an EMS helo arrives and appropriates the drone’s landing site. The short solution is to avoid the helo and find an alternate landing site. This also seems to support my initial ASRS decision. I wonder what the reporting R-PIC did?
The R-PIC did what I would have done, but he also took another step. The drone pilot “drove to find the PIC of the [other] UAS and asked if he was the operator.… He replied…he was. I then discussed with him if he was a Part 107 pilot. He replied he was.… [I] asked why he did not have anti-collision lights on and recommended he … use one during night or dawn operations. He stated he didn’t need to use anti-collision lights because he was flying under recreational/hobbyist flight rules. I informed him regardless he must have anti-collision lights on during dawn and night operations…to avoid an incident.” Given the locked and loaded American culture, I would not have done this. Scott Spangler, Editor
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