For the second time in two years, the FAA has toughened up its enforcement policy for drone operators who violate the Federal Aviation Regulations. 

Under normal circumstances, the FAA’s enforcement policy focuses on education and not punishment.  Unless the operator is a repeat offender or there is evidence of knowing misconduct, the FAA assumes that aviators want to be compliant with the rules and the violation was due to a lack of knowledge.  As a result, first offenses almost always result in a warning and not a fine.  This has been the FAA compliance philosophy for decades, and it generally works pretty well. 

The one area where that policy has not worked so well, however, is uncrewed aircraft.  Faced with increasing levels of non-compliance, including operations of drones in restricted airspace and near aircraft, in 2024, the FAA announced that it would no longer use an educational approach towards unmanned aircraft, and would rely heavily on enforcement for first time violators. 

This get tough approach has produced some results over the past two years, including fines of  $20,000 or more for operating drones near wildfire containment efforts, music festivals and the Super Bowl, as well as license revocations for flying in restricted airspace. 

The FAA, however, is still not satisfied with the results of these enforcement efforts, and announced yesterday that it is launching its Drone Expedited and Targeted Enforcement Response program, or “DETER.”  The program is aimed at providing a swift response to rules violations associated with public events this summer, including the upcoming FIFA World Cup matches.

One of the key features of this initiative is the ability of law enforcement partners to notify FAA of drone violations in real time.  The FAA has to rely on first responders and local law enforcement to gather information about drone sightings at events such as this, and the lack of consistent, reliable communications and reporting has hindered past FAA enforcement efforts. 

In addition, the FAA confirmed that under the DETER effort, it would still be pursuing civil penalties and certificate suspensions against first time violators, although the penalties may be reduced if the operator admits liability and waives their right to appeal.  The FAA also reaffirmed that it would “continue to handle violations involving significant safety risks, including unauthorized operations in restricted airspace, through standard enforcement procedures.”   

Through a combination of Remote ID and the new congressional approvals for drone detection technology, it is becoming easier and easier to identify and track rogue drones.  Hopefully, this new initiative will be able to combine robust drone detection with an equally robust enforcement system.