Cops Who Hid Drone May Have Violated FAA Flying Rules

The San Jose Police Department (SJPD) has been in
hot water recently over its acquisition of a camera-equipped
unmanned aerial vehicle (UAV), a.k.a. drone. They’ve spent
years dodging public record requests about their toy, and now,
they may have just admitted violating federal regulations about
flying it.

Ars Technica
reported earlier this week that they reached out to the
department and were assured that “all regulations the [Federal
Aviation Administration] requires regarding its drone use” are
being followed. Except maybe they aren’t:

“The SJPD will seek a [Certificate of Waiver or Authorization
(COA)] if that is required,” SJPD spokesman Albert Morales told
Ars. “The SJPD obtained FAA literature regarding
requirements for an [unmanned aerial system, or UAS], prior to
procuring the UAS.”

Curiously, Morales added that his agency has already tested
its drone “approximately four times at SJPD facilities.” Morales
did not immediately provide further details, but
such tests could possibly be in violation of FAA rules.

“Anyone who wants to fly an aircraft—manned or unmanned—in US
airspace needs some level of authorization from the FAA to ensure
the safety of our skies,” Ian Gregor, an FAA spokesman for the
Pacific Division, previously told Ars in a
statement. “The FAA authorizes UAS operations that are not for
hobby or recreation on a case-by-case basis. Public entities
(federal, state, and local governments and public universities) may
apply for a COA, which, when approved, provides authorization for
[unmanned aircraft systems] operations in the [national airspace
system].”

Another FAA spokesman, Allen Kenitzer, did not provide a
definitive answer when contacted for this piece. “All we can say at
this point is that we’re looking into this.”

The SJPD has previously claimed it has never flown the drone and
wouldn’t until it got FAA clearance. But they can’t really keep
their story straight. Internal documents that were made public
indicate that the department believed it didn’t need no stinkin’
FAA approval: “The UAV is not a drone. Drones are regulated by the
FAA. The FAA doesn’t regulate our device.” 

To be fair, the FAA’s guidelines on drones are pretty confusing,
incomplete, and arguably haven’t got legal weight behind them, but
it seems if any group of people should be holding themselves to the
rules, it’s people who are paid to enforce rules.