The operator of a small unmanned aircraft system is operating an aircraft, and his/her reckless actions will have repercussions, says Mike Whitaker, administrator of the FAA, commenting on the enforcement policy introduced by him. Penalties won’t be less than $75,000 per violation. Considering this information, the new initiative of the Federal Aviation Administration, known as DETER, appears as the policy change regarding the method used to deal with violations with low-level seriousness: quick procedure and prompt punishment with the assumption that this type of action can’t be preceded by a warning. DETER acts as a penalty reduction mechanism targeting individual cases that have particular characteristics and fall under the category of a low risk.
Why does it matter? It turns out that, as a rule, drone violations have their peculiarity: there is a gap between the date when violation happens and the day of punishment. This makes the latter less effective since consumer drones become widespread and readily available, turning into a common thing at big public events or during some emergencies. With the help of DETER, it is possible to narrow the time between both processes. For the person who qualifies, it means accepting the punishment, skipping the appeals’ possibility, and closing the case; in other words, altering behavior and avoiding the need for legal expenses on each violation.
What is the consequence? Drones are categorized depending on the nature of violations committed: correctable ones or those considered as inherently dangerous. Now, the latter involve flights near aircraft reacting to wildfires, flights near stadiums, flights of drones in the area of wildfires or crowds of sports enthusiasts, as well as during temporary restrictions in flight. For 2025, the list of FAA includes violations like flights near emergency activity, flights in restricted airspace, and flights near stadiums. None of them can be subjected to reduced penalties offered by DETER.
What do casual users of drones care? In compliance with the regulation, recreational drones should be flown within the visual line of sight of a pilot, shouldn’t interfere with any air traffic, require authorization from authorities, as well as be flown at the height no higher than 400 feet. Furthermore, recreational drones need TRUST authorization and its pilot should provide the proof when flying. Additionally, all drones weighing more than the weight established by the FAA should be registered.
Remote ID technology plays a vital role in the process of imposing rules on drone operation. Voluntary grace period ends in 2024, meaning that drone owners should comply with the requirement for Remote ID. Technology works as a virtual license plate providing access to information about drones and their location.