Drone Use By Police: Legal Blanket Or Loophole?

can law enforcement departments get blanket coa

Unmanned Aerial Systems (UAS), commonly referred to as drones, are being increasingly used by law enforcement agencies to support police operations. The Chula Vista Police Department (CVPD), for example, has a dedicated UAS Committee that explores the use of drones in public safety operations. The Federal Aviation Administration (FAA) has also created a Public Safety Toolkit to help law enforcement and public safety agencies understand and follow regulations regarding UAS operations. The use of drones by law enforcement raises questions about the legal and privacy implications, such as the requirement for a Blanket Certificate of Authorization (COA) and the storage of photo and video evidence.

Characteristics Values
Law enforcement departments getting blanket COA's for UAS The FAA has analyzed and created a COA for the entire United States with certain exceptions
Documentation All operations associated with UAS activities must be documented, regardless of airspace
Storage of data All data is stored on US-based servers that meet federal requirements for confidential law enforcement databases
Drone weight Less than 55 pounds
Drone use To provide airborne support to police operations, reduce response times, increase quality of life, and assist in criminal investigations

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Part 107 vs Blanket COA

The Federal Aviation Administration (FAA) has the power to issue a Certificate of Waiver or Authorization (COA), which is a document that grants a public operator authorization to use a UAS for a specific activity. A Blanket COA is a type of COA that is not location-bound and allows the operator to fly under conditions that would otherwise be restricted under Part 107 rules.

A Part 107 drone license is a government-issued license that allows drone pilots to operate UAS in the NAS for commercial purposes. To apply for a Part 107 drone license, one must be a US resident, be at least 21 years old, and be able to read, write, speak, and understand English. The applicant must also pass a knowledge test.

The main difference between a Part 107 license and a Blanket COA is that the latter is more flexible and allows the operator to fly in restricted areas, such as at night, over crowds of people, or in controlled airspace. However, a Blanket COA is subject to some restrictions, such as maintaining a minimum distance from airports and operating within the visual line of sight of the pilot. Additionally, the FAA now prefers that public safety departments adopt the Part 107 Remote Pilot Certification standard if their proposed operations fall within the parameters of most Part 107 rules.

Another key difference is that a Part 107 license is available to any drone pilot who meets the requirements, while a Blanket COA is typically granted only to government agencies that may need to use drones as part of their routine duties, such as local law enforcement, firefighters, and first responders. Obtaining a COA can also be a lengthy and cumbersome process.

In conclusion, while a Blanket COA offers increased flexibility, a Part 107 license is more accessible and still offers a lot of advantages. The best option for a public safety department depends on their specific needs and requirements.

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COA application process

The COA application process involves several steps and requirements that must be carefully followed to obtain authorization for unmanned aerial systems (UAS) operations. Here is a detailed guide on the COA application process:

Understanding COA and Part 107 Certification:

Before initiating the application process, it is important to understand the difference between a Certificate of Authorization (COA) and Part 107 Certification. A COA is sought when seeking authorization for specific UAS operations, while Part 107 Certification focuses on certifying remote pilots within the department. Many public agencies opt to pursue both simultaneously, ensuring comprehensive coverage for their drone operations.

Registration and Login:

The first step in the COA application process is registering and creating an account on the COA Online Application System (CAPS). This system is managed by the Federal Aviation Administration (FAA) and can be accessed at CAPS.FAA.GOV. The registration process requires providing personally identifiable information (PII), such as date of birth, home address, a personal cell phone number, and social security number.

Application Submission:

Once registered, applicants can submit their COA applications through the CAPS system. The application should include detailed information about the proposed UAS operations, including risk mitigation strategies and the integration of automation and autonomy. It is advisable to review previously submitted COA applications to familiarize yourself with the format and required materials. The FAA provides a template and examples on their website to guide applicants.

Pilot Requirements and Training:

As part of the COA application process, you must detail the qualifications and training of your UAS pilots. The FAA allows self-certification, but you must provide documentation demonstrating the establishment of a training program and the adequate training of your remote pilots. This includes outlining the requirements your pilots have met to conduct UAS operations safely.

Communication with FAA Point of Contact:

When the FAA grants permission to apply, they will assign a point of contact. Maintaining communication with this person is essential for addressing any questions or concerns that may arise during the application process. The FAA is committed to guiding applicants through the lengthy and involved COA application process.

Approval and Authorization:

After submitting the COA application, the FAA will assess and process the request. If approved, the applicant will receive authorization to conduct their proposed UAS operations within the specified conditions and limitations. The COA grants permission to operate unmanned aircraft in a particular area of the National Airspace System (NAS) as an exception to standard FAA regulations.

It is important to note that the COA application process may take time, and obtaining Part 107 Certification concurrently can help expedite the utilization of drone operations in police and fire departments. Additionally, emergency COAs can be obtained within a short timeframe for special types of operations not covered under existing certifications.

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COA restrictions

A Certificate of Waiver or Authorization (COA) is an authorization issued by the Air Traffic Organization to a public operator for a specific UAS activity. A Blanket COA is a granted authorization that includes restrictions such as the drone operating within the visual line of sight of the pilot.

The Federal Aviation Administration (FAA) has indicated that with the Part 107 regulations creating a new Airman Certificate type, they now prefer that public safety departments adopt the Remote Pilot Certification standard. This is because the Part 107 regulations cover all of the same operational areas as the Public Use Blanket COA, provided the Unmanned Aircraft System (UAS) falls under the classification of "small unmanned aircraft" or sUA.

The Part 107 certificate is a better option in uncontrolled airspace, as most airports are located in these regions, and the Blanket COA requires a minimum distance of 2 miles from these facilities. This means that with a Blanket COA, you would be more restricted than with the Part 107 certificate.

The Blanket COA is only for public-use airports, heliports, gliderports, or seaports listed in the Digital – Chart Supplement (d-CS), Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications. The FAA has created a basic blanket COA document that applies to the entire United States like a blanket, except for certain areas, such as around airports, where the risk is greater, and the airspace buffer zone is bigger.

If a government entity wants to fly outside of their granted Blanket COA, they must apply for a separate COA for that specific operational change.

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Part 107 certification benefits

The FAA's Part 107 rule allows federal, state, and local government offices to fly UAVs to support specific missions, such as search and rescue. Obtaining a Part 107 certification provides several benefits for law enforcement departments:

  • Speed: The Part 107 certification process is typically faster than obtaining a Certificate of Authorization (COA). This allows law enforcement departments to deploy drone technology more quickly to support their operations.
  • Professionalism and Public Perception: Having Part 107-certified pilots signals to the public and local entities that the department is committed to operating drones safely and responsibly. It adds an "air of professionalism" to the program and reassures the public that all necessary steps are being taken.
  • Pilot Knowledge and Safety: The Part 107 certification process ensures that pilots have the necessary knowledge and understanding of regulations, operating requirements, and safety procedures for drone operations. This can help prevent accidents and ensure the safe integration of drones into the airspace.
  • Flexibility: While the Part 107 rules have certain prohibitions, waivers or special authorizations can be applied for specific activities. This provides some flexibility for law enforcement departments to tailor their drone operations to their unique needs.
  • Standardization and Consistency: The Part 107 certification process provides a standardized framework for drone operations, ensuring consistency across different law enforcement departments. This can facilitate collaboration, information sharing, and the development of best practices.
  • Continuous Learning and Improvement: Part 107 certification requires pilots to stay up to date with the latest drone regulations and advancements. This continuous learning culture helps law enforcement departments maintain a high level of proficiency and adapt to changing technologies and operational requirements.

Overall, the Part 107 certification benefits law enforcement departments by providing a structured, safe, and efficient framework for integrating drone technology into their operations, enhancing their capabilities, and improving public perception.

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COA benefits

A Certificate of Waiver or Authorization (COA) is a document that gives a person authorization to do something that they could not normally do. It is issued by the Air Traffic Organization to a public operator for a specific UAS activity. A Blanket COA is a granted authorization that includes the following: the drone must operate within the visual line of sight of the pilot.

The benefits of a Blanket COA include:

  • Flexibility: COAs are known for their flexibility, allowing operators to conduct UAS activities in a variety of "special situations" where standard Federal Aviation Regulations (FARs) do not apply.
  • Accessibility: Blanket COAs provide authorization for operations near public use airports, heliports, gliderports, or seaports listed in specific government publications. This accessibility makes it a convenient option for operators who need to conduct UAS activities in these areas.
  • Safety: The Federal Aviation Administration (FAA) created the Blanket COA to mitigate air risk. The document effectively creates airspace buffer zones around certain airports, with larger buffer zones for busier airports, thus enhancing safety.
  • Ease of Use: With a Blanket COA, operators do not need to file Notice to Airmen (NOTAMs) for each operation. However, they must still issue a Distant (D) NOTAM when unmanned aircraft operations are conducted and ensure the area of operation defined in the NOTAM adheres to specific requirements.

While Blanket COAs offer these benefits, it is important to note that, in some cases, a Part 107 certification may be a better option, especially in uncontrolled airspace. The FAA is pushing for public safety departments to adopt the Remote Pilot Certification standard if their operations fall within most Part 107 rules.

Frequently asked questions

A Certificate of Authorization is a document that gives a person authorization to do something that could not normally be done. A Blanket COA is a granted authorization that includes the following: the drone must operate within the visual line of sight of the pilot.

You need to submit a complete application to the Federal Aviation Administration (FAA) and wait to receive authorization for your police or fire department’s proposed UAV operations. You will need to provide detailed equipment specs and serial numbers in your COA application.

A Part 107 certification can generally be obtained faster than a Blanket COA. However, a Blanket COA may be preferable if you want to fly in uncontrolled airspace, as the standard Part 107 certification requires a minimum distance of 2 miles to be maintained from airports.

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