Florida police challenge FAA over UAV regulatory authority

Published 16 February 2007

Palm Bay attempts to launch a Cyberbug to help with patrols, but FAA and the Aircraft Owners and Pilots Association object; police say FAA lacks authority to regulate what they call a model airplane; Cyber Defense Systems waits for a ruling

It is often said that the federal structure of our government permits states and municipalities to function as laboratories of ideas — the meaning being that it is better to try revolutionary things on a samll scale before forcing them on everyone. A fine rule of thumb, we think, but innovation can quickly turn to impertience. Such is the case in Palm Bay, Florida, where Police Chief William Berger has vowed to defy the Federal Aviation Administration and the Aircraft Owners and Pilots Association (AOPA) in his effort to use a UAV to support law enforcement operations. The case reminds us of a similar incident last year in which the Los Angeles Sheriff’s Department was forced to abandon its own UAV plans due to airspace safety concerns.

In question is a $30,000 Cyberbug UAV manufactured by St. Petersburg, Florida-based Cyber Defense Systems. Both the FAA and the pilots association believe the eight pound, kite-winged craft is a threat to commercial aviation and have demanded that Berger submit to the FAA authority. According to the AOPA, Palm Bay police should be required to seek a certificate of authorization for flight and equip the plane with a sensor to help it avoid other aircraft — a process that can take several months to complete. Berger, however, claims the Cyberbug — which he clams is a model airplane and not a UAV — does not fall under the agency’s purview. “I’ve asked (the FAA) for a cease and desist letter and they haven’t sent one. This plane is not for patrol. We’re using it on a case-by-case basis, and it will be mostly used in the rural area and won’t be operating near an airport,” said Berger.

Needless to say, FAA disagrees. “We control the airspace, and we control who can fly what, where,” said FAA’s Les Dorr. “Our primary concern is the safety of the airways. If (the police department) starts using the unmanned vehicle then they run the risk of being told ‘no, they can’t do it.’ ”

-read more in J.D. Gallop’s Florida Today report