The wheels of government move slowly, far slower than the pace at which modern technology is evolving. So it’s not uncommon for laws and regulations to significantly lag behind the technology they’re aimed at reigning in. This can lead to something of a “Wild West” situation, which could either be seen as a good or bad thing depending on what side of the fence you’re on.
In the United States, it’s fair to say that we’ve officially moved past the “Wild West” stage when it comes to drone regulations. Which is not to say that remotely controlled (RC) aircraft were unregulated previously, but that the rules which governed them simply couldn’t keep up with the rapid evolution of the technology we’ve seen over the last few years. The previous FAA regulations for remotely operated aircraft were written in an era where RC flights were lower and slower, and long before remote video technology moved the operator out of the line of sight of their craft.
To address the spike in not only the capability of RC aircraft but their popularity, the Federal Aviation Administration was finally given the authority to oversee what are officially known as Unmanned Aerial Systems (UAS) with the repeal of Section 336 in the FAA Reauthorization Act of 2018. Section 336, known as the “Special Rule for Model Aircraft” was previously put in place to ensure the FAA’s authority was limited to “real” aircraft, and that small hobby RC aircraft would not be subject to the same scrutiny as their full-size counterparts. With Section 336 gone, one could interpret the new FAA directives as holding manned and unmanned aircraft and their operators to the same standards; an unreasonable position that many in the hobby strongly rejected.
There’s a new soap opera that I can’t stop watching. Actually, I wish I could change the channel but this is unfortunately happening in real life. It’s likely the ups and downs of drone sightings would be too far fetched for fiction anyway.
If you aren’t British, maybe you will know a little of our culture through the medium of television. We don’t all live in stately homes like Downton Abbey of course, instead we’re closer to the sometimes comedic sets, bad lighting, and ridiculously complicated lives of the residents of Coronation Street or of Albert Square in Eastenders that you may have flashed past late at night on a high-number channel.
Unfortunately it didn’t end there. We’re back once more to catch up with the latest events down on the tarmac, and come away with a fresh set of reasonable questions unanswered by the popular coverage of the matter.
Picture this: it’s late in the evening on a freezing cold, dark, and windy December night in southern England, and an airport worker at Gatwick — London’s second international airport — sees something fly past in the gloom above the floodlights. The weather and darkness makes it difficult to see what the object was, but the report is phoned in to security. What was it? A flock of birds? A piece of plastic litter caught by the wind and blown through the night? In this case, the call is recorded as a drone. Because the magic D-word has been uttered, a security plan swings into action, the airport is put on a high state of readiness, and flights are suspended.
Thousands of people across the site are put on alert, watching for the drone. And of course, the drone reports roll in, and the story takes on a life of its own. People who have no idea what a drone looks like in the air are now expecting to see one, so of course when a flock of birds or a plastic bag caught by the wind crosses their peripheral vision they too are convinced that it is the drone. Night turns into day, there is a lull in the reports so the airport re-opens, only to be closed again following a fresh spate of sightings. Flights are diverted all across the country, and tens of thousands of passengers are stranded in the terminals.
There follows three days of airport closure drama. No photos emerge despite almost every one of the many thousands of people on the site having a camera phone from which they are Tweeting about the queues in the terminal. There is a grainy video, but it is indistinct, and crucially it doesn’t have anything in it that is identifiable as Gatwick. Meanwhile the police are frustrated in their search for the drone operators, who like their drone, prove difficult to pinpoint
You might imagine that this was the fictional plot of a thriller novel, but sadly not. All of the above is a tale of the last few days of events in the British news, save for most of the first paragraph which is our guess at how the first drone sightings may have happened. At the time of writing there remains the possibility that there could have been a drone over Gatwick, but given the current dearth of evidence it is one that seems tenuous. There are reports of drone wreckage, but since readers with long memories will recall UK police once identified RepRap parts as a 3D printed gun we’ll wait until we see it before we call it that.
If there was indeed a drone then of course we would like to see its operators brought to justice forthwith. But what concerns us at Hackaday are the implications the episode could still have for those of our community with an interest in multirotors. The usual clamour was made for Government to do something about it, and we know that would have meant a fresh set of onerous regulations for responsible multirotor owners while doing nothing about the criminals, because of course criminals have little regard for laws.
So if we are to glean anything from this sorry mess, we must examine it from several angles. Why is there a lack of drone detection technology in place? How should drone reports initially be treated and investigated on the ground? How should they be dealt with in official inquiries, and how then should lawmakers see them? This will inevitably have a British flavour to it because of the incident in question, but the points are just as valid worldwide.
When a Drone Report Comes In, We Need a Reliable Way to Evaluate It
When we are told something new, it passes a process of evaluation in our minds. We look at the source, and weigh up the story itself. If a guy with crazy hair in the street tells us that the aliens have landed and are controlling the Prime Minister with a ray gun, it will probably be discounted. But if Hackaday tells us that someone has hacked a VGA chipset to work as a software-defined radio we’re guessing most of you would be very interested indeed.
When a fresh drone incident is reported it appears that this evaluation process has historically been defective. We have previously discussed official incident reports that come with no physical evidence of a drone, but contain descriptions of drones with capabilities unmatched even by jet fighter aircraft. It seems like any eyewitness report in which the culprit is named as a drone is automatically taken at face value no matter how unlikely it may be. The fact that a report may have come from a pilot is sometimes mentioned as a boost to its credibility, but that is a false assumption. A pilot who is not familiar with either how drones appear from a distance or what the capabilities of a drone are in the air can only be considered an unreliable witness, because while they may know a lot about aircraft they lack the required expertise for this judgement. So what can be done to help boost the quality of reporting and to immediately highlight credible reports while requiring more for dubious ones?
In the case of a near miss in open airspace there may be little effect on ground-based facilities, but at an airport such as Gatwick there can be no chances taken by the authorities. A drone collision on an aircraft on final approach could cause hundreds of fatalities, so upon receipt of a report they must have had little choice but to close the runways. There appears to have been a lack of drone detection technologies in place at Gatwick which means that the only source available to the airport would have been the eyewitnesses themselves, and since we have amply demonstrated the potential for eyewitness reports being unreliable then the current confusion becomes an inevitability. It is imperative that more reliable detection technologies be fitted or developed if necessary. This is especially true when precautionary shut-downs stretch past minutes or hours into world-news-making delays as happened in this instance.
Competent Police Investigations and Responsible Journalism on Drone Reports
Once an incident has started and news of it emerges there is a consequent effect upon members of our community. Legitimate drone fliers away from the airport will find themselves under more scrutiny, and since it is already a common tale to hear of police being called when flying is under way that means they could face harassment and wrongful arrest. Indeed though we do not know all the details of the pair arrested near Gatwick it smacks of their being arrested in a round-up of convenient local drone enthusiasts rather than as a result of meaningful investigation. That the names of the pair were leaked and they became the subject of a media frenzy further shows the danger in which they were placed, as well as the irresponsibility of the reporters who covered their plight.
Perhaps Most Importantly: We Need Accurate Official Incident Reports
Whatever happens in a drone report, whether it be an arrest or an embarrassing debacle, there will inevitably be an official incident report from the Civil Aviation Authority, the regulator of British civilian airspace. This will form the official record of the event, and thus should strive to be as accurate as possible, but here the process falls short for the final time. There appears to be no evaluation step performed on the available evidence and no requirement for physical proof. So if an eyewitness reports behaviors about the drone that no drone ever built could possibly be capable of, it is solemnly recorded as fact. Our previous article on this subject highlights multiple such accounts, and this is an important point because as the official record these reports are what informs legislators. When they make laws pertaining to drones it is imperative that their decisions are based upon accurate evidence, and it is clear that this is not the case. Given that they will no doubt be reviewing drone legislation in the wake of this fiasco it is particularly important that the investigators consult people with specialist knowledge in the field, demand physical proof rather than heresay, and most importantly question accounts that stretch credibility.
It seems obvious that the multirotor hobbyist is caught in a perfect storm of incompetent authorities, deeply flawed investigations, shoddy journalism, and clueless legislators. This incident has laid bare some of the shortcomings, and it is to be hoped that a few lessons might be learned to produce less of a debacle surrounding future drone incidents. It is still a developing story so there may be a breakthrough and the whole narrative will change, and if that turns out to be the case then we hope they find the correct perpetrator this time and send them away at Her Majesty’s pleasure for a very long time. We’re guessing though that every effort will be made to push it as far under the carpet as possible to save red faces among officialdom. As multirotor enthusiasts we must keep the issue of poor investigation alive though, for if we let it be buried once more it will come back to trouble us again.
We’ve written on reports of drone near-misses with aircraft here back in 2016, and indeed we’ve even brought news of a previous runway closure at Gatwick. But it seems that this incident is of greater severity, over a much longer period, and even potentially involving more than one machine. The effect that it could have on those in our community who are multirotor fliers could be significant, and thus it is a huge concern aside from the potential for mishap in the skies above London’s second largest airport.
It’s a trope of horror movies that demonic foes always return. No sooner has the bad guy been dissolved in a withering hail of holy water in the denoeument of the first movie, than some foolish child in a white dress at the start of the next is queuing up to re-animate it with a careless drop of blood or something. If parents in later installments of popular movie franchises would only keep an eye on their darn kids, it would save everybody a whole lot of time!
(d) RESTORATION OF RULES FOR REGISTRATION AND MARKING OF UNMANNED AIRCRAFT
.—The rules adopted by the Administrator
of the Federal Aviation Administration in the matter of registration
and marking requirements for small unmanned aircraft (FAA-2015-
7396; published on December 16, 2015) that were vacated by the
United States Court of Appeals for the District of Columbia Circuit
in Taylor v. Huerta (No. 15-1495; decided on May 19, 2017) shall
be restored to effect on the date of enactment of this Act.
This appears to reverse the earlier decision of the court, but does not specify whether there has been any modification to the requirements to prevent their being struck down once more by the same angle of attack. In particular, it doesn’t change any of the language in the FAA Modernization Act of 2012, which specifically prevents the Agency from regulating hobby model aircraft, and was the basis of Taylor v. Huerta. Maybe they are just hoping that hobby flyers get fatigued?
We took a look at the registration system before it was struck down, and found its rules to be unusually simple to understand when compared to other aviation rulings, even if it seemed to have little basis in empirical evidence. It bears a resemblance to similar measures in other parts of the world, with its 250 g weight limit for unregistered machines. It will be interesting both from a legal standpoint to see whether any fresh challenges to this zombie law emerge in the courts, and from a technical standpoint to see what advances emerge from Shenzhen as the manufacturers pour all their expertise into a 250 g class of aircraft.