LA Fires,
Criminal,
Alternative Dispute Resolution
Jan. 15, 2025
Grounded by likes and how rogue drones set firefighting efforts ablaze
Aerial firefighting, combining air tankers, helicopters, and tactical aircraft, is a critical yet dangerous endeavor often disrupted by illegal drone activity, which jeopardizes firefighting efforts, endangers lives, and underscores the importance of strict adherence to FAA regulations.
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Eric Hanscom
Attorney and Founder, InterContinental IP
Intellectual Property
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The most important tools in fighting fires are airplanes and helicopters - often referred to as air tankers and water bombers, respectively. They are essential components to the comprehensive and ever-changing fire plan that combines aerial and ground firefighting efforts.
Tactical aircraft fly around fires to monitor the direction of a fire and give directions to air tankers and helicopters to attack specific areas of a fire. Helicopters can have water tanks installed or have metal scoops that can be loaded with water - around 320 gallons -- and are dropped in specific locations or used to combat smaller fires. Helicopters are also used to evacuate residents and drop off fire fighters.
Air tankers, the heroes of a number of dramatic YouTube videos, deliver "lines" of fire retardant or water to attempt to contain or direct the fire away from critical areas. Air tankers are often guided by a tactical aircraft or "Bird Dogs," and generally do not drop their loads directly on the fire, but rather in the path of the fire. Multiple air tankers will often work together to lay a "fire line" of retardant to help protect houses or roads that are crucial to firefighting efforts and/or evacuations. Some air tankers land and reload their fire retardant, while others skim the water of nearby lakes or even the ocean to fill up their tanks for another run.
Aerial firefighting is inherently dangerous, with at least 25 fatal accidents involving firefighting planes and helicopters reported since 1960. Operating in high-risk environments, these pilots face immense challenges. For example, I recently experienced flying a drone in Iceland's extreme winds, which posed difficulties with battery levels, shifting wind conditions, and a risk of collisions with other drones. This provided a glimpse into the immense pressure faced by fire chiefs, who must coordinate an ever-evolving response to wildfires. Their responsibilities include managing ground personnel, evacuation routes, planning aerial attacks, and ensuring the safe operation of tankers, tactical aircraft, and helicopters amidst rapidly changing conditions.
When a drone is spotted over a fire, the immediate response is to divert airplanes and helicopters away from the area, which delays aerial attacks and forces the command center to revise its strategy. This disruption can unravel carefully planned fire lines meant to be established by tankers, potentially allowing the fire to spread uncontrollably. Critical evacuation routes and supply roads may be compromised, and the fire's growth could endanger homes, wildland areas, residents, and even ground firefighters. State officials report at least 40 incidents of illegal drone flying in the past 10 days alone, each causing delays in firefighting efforts.
The FBI is currently investigating damage to a "Super Scooper" aircraft--one of only two of its kind battling the ongoing Los Angeles fire--allegedly caused by a drone. The photos of the Super Scooper wing show a gaping hole in the leading edge of the wing - probably the worst place for a hole in terms of aircraft performance. The Super Scooper is expected to be back in action soon, but one can only wonder how many houses and lives won't be saved as a result. The drone has apparently been found and hopefully, its remote ID will lead to the operator, who could face a year in jail and a $75,000 fine, plus, presumably, the costs of repairing the Super Scooper. (It should be noted that there are many in the drone and aircraft community who doubt that this particular hole was made by a drone, however, though the FBI and FAA, as of the date of this article, seem to believe that a drone is responsible.) Whether the damage was caused by a drone or not, flying them in firefighting areas is both illegal and foolish.
Since so many parties involved in responding to this fire are pointing fingers and trying to blame someone, let me jump into the fray with respect to drones flying illegally and endangering firefighting efforts. The easy targets here are renegade drone pilots who ignore both the law and logic. The laws on flying drones above active fire zones are very clear: don't do it. It would appear fairly logical to realize that flying a drone in the potential path of a firefighting plane is not a smart thing to do, as it is well-known in the drone community that firefighting planes are often temporarily diverted away from fires if drones are spotted in the air. Additionally, when a significant fire occurs, the FAA issues a Temporary Flight Restriction (TFR), which should prevent drone pilots from launching in the area. Given these regulations, why do a small number of drone pilots continue to jeopardize the safety of others in pursuit of a photo or video?
The reason, in my opinion, is a combination of an unhealthy desire for social media likes, combined with a media that in many cases is willing to look the other way on illegally taken drone photographs and videos that they use in reporting to get better ratings. For those who have flown drones for a while, and learned the rules and the more popular places to fly, it becomes pretty easy to spot illegally captured drone photos and videos.
I was speaking at a drone conference some years ago and a gentleman approached me and asked me if I would like to enter his drone photography contest. He handed me a business card with a drone picture of the Golden Gate Bridge, clearly taken from Golden Gate National Recreation Area (a "no drone zone"). I asked him if illegally taken pictures were disqualified. He stared blankly at me, and I explained that the only legal way to take the picture on his card would have been from a boat in the ocean. It was a short conversation.
Under FAA regulations, drones are allowed a maximum altitude of 400' (with specific exemptions and permits/waivers for commercial drone flyers), which leaves a 100' buffer zone between the minimum normal altitude allowed for aircraft (500'). There are also reduced altitude zones around restricted areas such as airports, which can be easily seen on apps such as B4Ufly, Aloft, etc. These apps should also show TFR's (temporary flight restrictions), so there is really no excuse for flying drones above an active fire - unless you are a first responder flying a drone as part of the coordinated fire management plan. Violating these rules can lead to a fine of up to $75,000 per violation, along with suspension or outright revocation of the drone pilot's license.
Over the past several years, enforcement of these laws has resulted in proposed fines of $32,700 against a drone operator who flew an improperly registered and unlit drone, at night, over 400', and nearly collided with a Sherriff's helicopter, resulting in the Sherriff stopping a search for a burglary suspect. Other drone operators who flew in or near sporting events have been hit with fines of $18,000 (Miami Grand Prix) and $4,000, $7,760, and $16,000 for flying in, or too close to stadiums.
However, obeying the law is not difficult. All drones over 250 grams (anything larger than the Mavic Mini) have to be registered with the FAA ($5.00), and all hobbyist flyers must take the online TRUST test, which is very easy and quick. Commercial flyers also have to pass the Part 107 test, which they can take at a variety of facilities across the nation. Once dronists have taken care of all the paperwork, they need to download one of the software apps, learn how to find their location and make sure they are clear to fly (and how high they can fly), then abide by a few very basic and commonsense rules, which can be found on the FAA website.
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