David Benforado David De Angelis Joseph Laux Kathleen … · Protecting The Communities We Live In. DIRECTORS David Benforado Village Trustee Village of Shorewood Hills David De Angelis

Protecting The Communities We Live In.

DIRECTORS

David Benforado Village Trustee

Village of Shorewood Hills

David De Angelis Village Manager

Village of Elm Grove

Joseph Laux Administrator

City of Eagle River

Kathleen Morse Clerk/Treasurer

City of Rice Lake

Mark Rohloff City Manager

City of Oshkosh

Zachary Vruwink Mayor

City of Wisconsin Rapids

Jerry Deschane Executive Director

League of Wisconsin Municipalities

OFFICER

Dennis Tweedale Chief Executive Officer

League of Wisconsin Municipalities Mutual

Insurance

402 Gammon Place Suite 225

Madison, Wisconsin 53719

p 608.833.9595f 608.833.8088

[email protected] www.lwmmi.org

LWMMI League of Wisconsin Municipalities Mutual Insurance

jsyse

Text Box

8TH Annual LWMMI Policyholder Conference A Chula Vista Resort and Water Park Wisconsin Dells, Wisconsin May 11 and 12, 2017 A WHAT'S UP - DRONES!!!! AA Thursday, May 11, 2017 2:15 PM - 3:15 PM A Presented By: A Bill Bongle, Owner Titletown Drones, LLC Suamico, WI

2017

William Bongle

Titletown Drones LLC

5/11/2017

Drones: What Public Safety Officials Need to Know

COPYRIGHT © 2017 Titletown Drones LLC All Rights Reserved

COPYRIGHT © 2017 Titletown Drones LLC All Rights Reserved (Wisconsin Dells 2017)

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1.0 Introduction to Drones .......................................................................................................................... 3

1.1 Definitions and terminology .............................................................................................................. 4

1.2 Overview of current technology, capabilities and tends ................................................................... 5

1.3 Popular Consumer Grade Drones ...................................................................................................... 7

1.4 Practical applications of drone technology ...................................................................................... 11

1.5 The future of drones, new technologies .......................................................................................... 12

2.0 Drone Related Incidents; New Challenges for Local Governments ..................................................... 13

2.1 FAA rules for recreational users, commercial and public aircraft (government) ............................. 14

2.11 Where drones can and cannot legally operate .......................................................................... 15

2.12 Recreational Aircraft .................................................................................................................. 15

2.13 Temporary Flight Restrictions .................................................................................................... 15

2.14 Commercial Operations or Public Aircraft Operating Under Part 107 ....................................... 16

2.15 Registration ................................................................................................................................ 18

2.2 Local ordinances, what you need to know before enacting ............................................................ 18

2.21 What state and local government can regulate ......................................................................... 19


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Capt. Bill Bongle, Ret.

Bill Bongle is a 29 year police veteran and technology consultant, rising to the rank of Captain before retiring from the Green Bay Police Department in 2015.

Bill’s unique blend of training in Information Technology and interest in aviation drew him to the world of drones. He has 15 years of experience in model aviation, specializing in building and flying experimental aircraft. He has been an innovator of drone technology, constructing and flying autonomous remote aircraft before drones became available to the general public.

As founder of Titletown Drones LLC, he provides flight training, repair, aerial photography and consulting services to recreational, commercial and public safety drone operators. Bill has conducted extensive research on this evolving technology which includes: applications for public safety, the legal issues surrounding the use of drones, investigating drone related incidents and collecting forensic evidence from drones. He has worked closely with the FAA and legal analysts to develop a training program geared specifically for commercial operators, municipal governments and public safety agencies.

In 2013 Bill founded the Green Bay Area Drone User Group, which has grown to over 300 members. He earned a bachelor’s degree from Concordia University and was certified as a computer forensic examiner by IACIS. He holds a Remote Pilot Certification from the FAA. As founder of Innovative Policing Solutions LLC, Bill has been a public safety trainer for the last 17 years and a sought after presenter at conferences throughout the U.S. and the U.K.

Contact Information: Email: [email protected] Website: www.TitletownDrones.com Phone: 920-‐619-‐4164

The use of UAVs, sUAS (A.K.A. Drones) is subject to regulation by local, State and Federal law. I am not an attorney and the information contained in this document should not be construed as legal advice.


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1.0 Introduction to Drones Drones are an exciting new technology sure to revolutionize the way we live and work. The revolution is not just about delivering packages or aerial photography. Drones are being used to save lives, find missing people, and provide police and firefighters with real-‐time intelligence and situational awareness. Farmers are using drones to monitor their crops, inspect fence lines and locate missing livestock. Municipal governments are using drones to promote their local economies, inspect infrastructure, survey land and conduct 3-‐dimensional mapping. The possibilities are endless!

Despite the negative media attention drones have received, the technology is relatively safe. There are no documented deaths resulting from the use of a drone. There are no recorded incidents of a collision between a drone and a full sized aircraft. Fears of drones spying on the public have not materialized as the technology finds uses other than surveillance.

In this presentation I will introduce you to the world of drones. I will discuss and demonstrate the many beneficial uses of this technology and explore what’s in store for the future.

You will have the opportunity to see the technology up close and gain a better understanding of its capabilities. Please feel free to ask questions and check out the equipment for yourself with my interactive display.

Thank you for your attendance!

Bill Bongle, Technology Consultant


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1.1 Definitions and terminology a. Aircraft. Contrivances or devices that are “invented, used, or designed to navigate, or fly in, the

air” See 49 USC 40102 and 14 CFR 1.1. As aircraft, these devices generally are subject to FAA

oversight and enforcement.

b. Drone. A Pop-‐culture term generally referring to a remotely piloted aircraft equipped with a

camera and means of transmitting live video back to the operator. The term is also used to

describe fixed wing, weaponized military drones, which sometimes creates confusion and

controversy.

c. FAA. Federal Aviation Administration. The government agency empowered by congress to

regulate the National Airspace System.

d. FPV. First Person View. The perspective that the operator of a remotely powered aircraft when

viewed from the onboard camera system via the use of an external monitor or virtual reality

glasses.

e. Model Aircraft. A Unmanned Aircraft that is:

a. Capable of sustained flight in the atmosphere;

b. Flown within VLOS of the person operating the aircraft; and

c. Flown for hobby or recreational purposes.

f. Multi-‐rotor aircraft. A remotely piloted aircraft that uses 3 or more propellers to provide vertical

thrust and stability, capable of vertical takeoff and landing (VTOL).

g. NAS. National Airspace System

h. sUAS. Small Unmanned Aircraft System

A small UA and its associated elements (including communication links and the components that

control the small UA) that is required for the safe and efficient operation of the small U A in the

National Airspace (NAS). Small Unmanned Aerial System (considered the most technically correct

term). The FAA has adopted this term to define unmanned aircraft for the purposes of regulation.

Title 14 of the Code of Federal Regulations (14CFR) Part 107.

i. UAV. Unmanned Aerial Vehicle

j. VLOS. Visual Line of Sight. The aircraft is in the view of the operator at all times without the aid of

binoculars or other devices.

k. VTOL. Vertical takeoff and landing


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1.2 Overview of current technology, capabilities and tends

Multi-‐rotor aircraft are the most popular sUAS for the following reasons:

1. Very stable

2. Few moving parts, less prone to failure than

conventional helicopter

3. Capable of vertical takeoff

4. Can be flown with minimal experience

5. Excellent platform for aerial photography

Evolution of drones

Many of the components found in drones are found in cell phones. Miniaturization and reduced

cost of components has resulted in the technology becoming affordable and easily available. The

multi-‐rotor design was advanced through online collaboration (Wiki) in the hobby community.

Miniaturized components commonly found in cellular telephones and other electronics such as

the Nintendo Wii controller were repurposed as flight controllers.

1. Magnetometer (Electronic compass)

2. Accelerometer (motion sensor)

3. 3 axis gyroscope (stabilization)

4. Barometer (altitude)

5. GPS (navigation)

6. Sonar (uses sound to detect range from

objects)

7. Lidar (uses light to detect range from objects)


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Reasons for increased incidence of drones being involved in high profile events

1. Prevalence, affordability and availability of the technology to the general public

2. Advancements in technology have created a situation where newcomers to RC flight can

pilot aircraft great distances

3. Newcomers don’t have the benefit of years of experience building, flying and repairing

model aircraft

4. Inexperienced operators are more likely to become disoriented and have accidents

5. The technology is new and interesting so any incident that involves a drone is likely to

receive disproportionate attention

Physical Limitations

1. Potential for mechanical failure

2. Subject to RF interference

3. Range affected by the

environment

4. Limited battery life

5. Adversely affected by heat, cold, high winds, precipitation

Trends

First Person View (FPV). This refers to the act of remotely piloting a drone through the use of a

video transmitter, camera and view screen which allows

the pilot to experience flight as though they were sitting

in the cockpit. The viewing device is sometimes

described as a virtual reality headset or video goggles.

Drone Racing. A rapidly growing sport in which drone

pilots use FPV to compete with each other by flying

through an obstacle course.

A high school teacher attempting to take photos of a monument experienced a “fly-‐away”. He had the misfortune of his drone crashing into the stadium of a nationally televised event. 3


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1.3 Popular Consumer Grade Drones Model name: Solo Manufacturer: 3D Robotics Range: .5 mile Flight time: 25 Minutes Maximum speed: 55mph Camera: GoPro Hero 4 Retail price: $499+$400

Model name: Phantom 3 Advanced/Pro Manufacturer: DJI Range: 3.1 Miles Flight time: 18-‐22 min Maximum speed: 31 Camera: 2.7K-‐4K, 12MP stills Retail price: $799-‐$999

Model name: Phantom 4 Manufacturer: DJI Range: 3.1 Miles Flight time: 28 min Maximum speed: 39 mph Camera: 4K, 12MP stills Retail price: $1199 Collision avoidance

Model name: Inspire 1 Manufacturer: DJI Range: 3.1 Miles Flight time: 18-‐20Min Maximum speed: 43 mph Camera: 4k, 12PM, 360 rotating gimbal Dual operator optional FLIR optional Retail price: $1999

Model name: Inspire 2 Manufacturer: DJI Range: 4.3 miles Flight time: 28 Min Maximum speed: 58 MPH Camera: 5k, 20 MP, 360 rotating gimbal Retail price: $3,600 to $8,000 Obstacle avoidance Separate FPV Camera


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Model name: Typhoon H Manufacturer: Yuneec Range: 1 mile Flight time: 25 Min Maximum speed: Camera: 4k, 12PM, 360 rotating gimbal Retail price: $1299 Collision avoidance/ Hex rotor

Model name: Typhoon 4K Manufacturer: Yuneec Range: 1 mile Flight time: 25 min Maximum speed: Camera: 4K, 12MP stills Retail price: $699

Model name: Breeze Manufacturer: Yuneec Range: 80 meters Flight time: 12 min Camera: 13 MP Retail price: $399

Model name: Manufacturer: Autel Robotics Range: 1.2 miles Flight time: 18-‐20Min Maximum speed: Camera: 4k, 12MP Retail price: $699

Model name: Beebop Manufacturer: Parrot Range: 2000 meters Flight time: 12 min Maximum speed: 29 mph Camera: 14 MP Retail price: $ 500

Camera Technologies


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DJI Phantom 3 Pro 4K video 12 megapixel camera Gimbal offers vertical axis Not user swappable

DJI X3 and Z3 4K video 12 megapixels User swappable Gimbal offers vertical and horizontal axis 360 degree horizontal axis Z3 -‐ 7X zoom upgrade ($900)

DJI X5 4K video 16 megapixel stills Micro Four Thirds imaging Supports 3rd party lenses

DJI Zenmuse XT Available in either 640×512 or 336×256 resolutions, the Zenmuse XT has multiple lens options to make sure you’ll have the right combination of situational awareness, magnification, spot size, and area coverage to suit your mission requirements. http://www.flir.com/suas


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DJI Z3 Zoom Capable Camera

Normal Field of View

Magnification 3.5x Optical Zoom Magnification 7x (3.5x) Optical Zoom 2x Digital


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1.4 Practical applications of drone technology

1. Situational Awareness

a. Barricaded subjects

b. Fleeing suspects

2. Search and Rescue

a. Aiding searchers on the ground

b. Locating missing persons

3. Emergency government

a. Aerial view of natural disasters

b. Chemical spills

4. Inspections

a. Towers, cranes, transmission lines

5. Aerial Photography

a. Promoting local economy and events

b. Crime Scene Photography

c. Accident Reconstruction

6. Fire detection and scene management

7. Estimating crowd sizes, monitoring special events

8. Agriculture, watershed management

9. Wildlife management


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1.5 The future of drones, new technologies a. Package delivery for commercial purposes and humanitarian aid

b. Obstacle avoidance

c. Miniature transponders

d. Use of UAVs to provide Internet access to remote locations

e. Drone swarms (mesh networks and aerial displays)

f. Improvements in battery technology

g. Anti-‐drone technology

Battelle’s “Drone Defender” Electronic Counter measures

Koen Van Weel / AFP/ Getty Images Katwjk, Netherlands


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2.0 Drone Related Incidents; New Challenges for Local Governments Drones are a rapidly emerging technology and incidents involving drones draw increasing media attention. Some high profile incidents have driven these stories, for example: In August 2015 a drone crashed into a stadium during the US Open tennis tournament. In January of 2015 a drone crashed on the lawn of the White House. Security officials monitoring the skies above sports stadiums across the nation report several unauthorized drone flights during events. On August 19, 2016, Green Bay Police investigated a report of a drone being operated near the Lambeau field, during a Green Bay Packer preseason football game. The number of drones sold grew 224% from April of 2015 to April of 2016, according to a report from The NPD Group’s Retail Tracking Service.1

Law enforcement agencies are being called upon to investigate citizen complaints involving drones with increasing frequency. Many of these complaints involve alleged privacy violations and complaints of drones being operated in restricted areas. Law enforcement agencies are challenged with investigating incidents where laws may be unclear. Analysis of drone related complaints to Wisconsin law enforcement agencies revealed that many incidents reported to police are not violations at all. It is likely that negative media attention has misled members of the public to believe that otherwise legitimate activities are somehow illegal. Several incidents of drones being shot down by angry citizens are also being reported across the nation.

Subversive groups have been interested in using unmanned aerial systems as far back as 1995 when a Japanese extremist group tested the feasibility to deliver sarin gas through the use of a remote controlled helicopter. In August of 2016 Hezbollah, a known terrorist organization is believed to have successfully delivered explosives on rebel positions in Syria using a commercially available drone. Recently terrorist groups in Syria and Iraq have begun to deploy explosive weapons via drone. Drones are also being used to provide situational awareness to ground forces. Video from drones is being used to promote the terrorist agenda by broadcasting images of attacks.

If a drone were used to facilitate a terrorist attack on American soil it would surely fall under the jurisdiction of federal authorities however, local law enforcement would most certainly be the first responders and in the best position to preserve evidence. Therefore, local law enforcement should make themselves aware of the technology and the potential evidence it may contain.

Despite these issues, drones have countless benefits to local governments and public safety officials. As with any new technology, some may misuse it but drones also have great potential to save lives.

1 http://www.marketwatch.com/story/drone-‐sales-‐in-‐the-‐us-‐more-‐than-‐doubled-‐in-‐the-‐past-‐year-‐2016-‐05-‐27


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2.1 FAA rules for recreational users, commercial and public aircraft (government)

The FAA has determined that sUAS (drones) are considered “aircraft” and therefore has regulatory authority over them. As a general rule, the FAA regulates the National Airspace System (NAS) and therefore regulates activities above ground.

For the purposes of regulation, unmanned aircraft operation generally falls into one of the following categories:

1. Recreational use (flown purely for enjoyment or relaxation)

a. Follow safety rules of a community based organization (CBO)

b. Must not endanger the national airspace c. Section 336 of Public Law 112-‐95

2. Commercial use (used in the furtherance of a business or

for financial gain) a. Remote pilot airman certificate or pilot’s license

under part 107 b. 333 exemption (holds pilots license)

3. Police/public safety/government (used for government purposes)

a. Requires Certificate of Authorization (COA) or b. Remote pilot airman certificate or pilot’s license under part 107

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Legality of shooting down drones

Over the last two years there have been numerous incidents reported which involve someone shooting down a drone that they felt was violating their privacy. In an effort to further regulate drones, the FAA made a declaratory ruling that all unmanned aircraft are “aircraft” for the purposes of regulation. This had an unintended consequence. Drones being “aircraft” are now afforded the same legal protections as manned aircraft, making it a felony to damage or destroy one. §18 USC 32 makes it a felony to damage or destroy an aircraft


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2.11 Where drones can and cannot legally operate Drones are subject to federal, state and local regulation. The following list contains some highlights but is not all inclusive. For a complete and comprehensive list of restricted locations, please refer to https://www.faa.gov/uas/, your state laws and local ordinances.

The FAA advises that unmanned aircraft must be flown “line of sight” in order to meet the legal definition of a “model aircraft”.

2.12 Recreational Aircraft For the purposes of regulation, the FAA has made a distinction between hobby or model aircraft and other aircraft operations. Federal statute §101.41 governs model aircraft operation and requires:

1. The aircraft is flown strictly for hobby or recreational use 2. Is operated within a community-‐based set of safety

guidelines. 3. The aircraft is limited to not more than 55 lbs, unless

otherwise certified 4. The model aircraft remains well clear of and does not

interfere with manned aircraft operations 5. The operator of a model aircraft must contact the airport

operator or control tower before flying within five miles of an airport

The FAA advises that model aircraft operators must also avoid flying near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2.13 Temporary Flight Restrictions All aircraft are subject to Temporary Flight Restrictions (TFR’s). A TFR restricts flight operation in specific areas and applies to all aircraft, including drones. Some examples of when TFR’s are enacted:

• Stadiums during special events (over 30,000 occupants) • Vicinity of aerial demonstrations (airshows) • Disasters • National security/VIP movement

See http://tfr.faa.gov/tfr2/list.html for more information.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


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2.14 Commercial Operations or Public Aircraft Operating Under Part 107 Drones are considered aircraft in the eyes of the FAA and are therefore subject to regulation. There are two ways for a government agency to obtain FAA approval for flight operations. Your pilots may operate under the Part 107 rule2 (obtain an airman certificate with a small unmanned aircraft system rating) or, your agency may apply for a certificate of authorization (COA)3. Some agencies do both as each of these certifications authorize specific activities.

For a complete list see FAA publication SUMMARY OF SMALL UNMANNED AIRCRAFT RULE (CFR 14 PART 107)

• Must fly within visual line of sight • Aircraft must weigh less than 55 lbs • May not operate over persons not directly participating in the operation • Daylight only (may operate 30 minutes before and after with lighting visible for 3 miles) • Yield right of way to other aircraft • Maximum groundspeed of 100 mph • Maximum altitude 400 feet • Minimum weather visibility 3 miles • No carriage of hazardous material • Operations in class B,C,D,E airspace require prior approval through FAA’s web portal • Class G airspace no prior approval required • Preflight inspection • No hazardous materials

2 https://www.federalregister.gov/documents/2016/06/28/2016-‐15079/operation-‐and-‐certification-‐of-‐small-‐unmanned-‐aircraft-‐systems 3https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas/coa/


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_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Privacy Protected

The issue of aerial trespass is a gray area when it comes to drones. In time the courts will address these issues but for now we must reply upon existing case law and legislation. In 2014 the state of Wisconsin legislature passed a law, which seeks to regulate misconduct with drones.

WI § 942.10: Whoever uses a drone, as defined in s. 175.55 (1) (a), with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy is guilty of Class A misdemeanor.

When it comes to the issue of aerial trespass, the courts may view drones differently than manned aircraft. The courts are likely to take notice that drones fly at lower altitudes than full sized aircraft and they are often equipped with high-‐resolution cameras. The question arises; when does a recreational drone flight evolve into an invasion of privacy? Until the courts further clarify this issue, some factors may help determine if a drone flight constitutes a violation of privacy:

a. The intent of the operator b. The altitude of the flight c. The expectation of privacy of the complaining party d. Whether the drone lingered or was merely travelling to another location

Under current state law, merely flying over private property does not constitute a privacy violation. Other elements must also be proven.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Flights over correctional facilities prohibited

In response to incidents occurring across the nation, the State of Wisconsin Legislature passed a law prohibiting flights of unmanned aircraft over correctional facilities. Some of these incidents involved the use of drones to deliver contraband into secure correctional facilities.

WI § 114.045 Limitation on the operation of drones. (1) No person may operate a drone, as defined in s. 114.105 (1) (a), over a correctional institution…


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2.15 Registration The FAA has implemented a rule that requires all unmanned aircraft meeting minimum weight requirements to be registered. This includes all unmanned aircraft including model airplanes, helicopters and anything else that meets the FAA’s definition of an aircraft. An aircraft need not be equipped with a camera to require registration. Upon registration the applicant will be asked to specify if the drone is for recreational, commercial or government use. Commercial and government users will be required to provide a serial number of the unmanned system.

1. Any aircraft weighing more than 8.8 oz. or 250 grams must be registered with the FAA 2. Register online at https://registermyuas.faa.gov/ 3. The fee is $5.00 4. A certificate and number will be issued electronically via email 5. The drone must be marked with a registration number 6. Failure to register could result in substantial penalties; $27,500 fine, possibly imprisonment for

certain offenses

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2.2 Local ordinances, what you need to know before enacting The FAA has jurisdiction over the national airspace system while local governments have jurisdiction over personal conduct and activities on the ground. Some municipal governments have exceeded their authority by passing laws, which attempt to regulate airspace. These laws are often drafted in reaction to a complaint or a single incident. Local governments should proceed with caution before enacting new laws regulating drones. Keep in mind the same laws may have unintended consequences, criminalizing other legitimate activities such as surveying, roof inspections or even flying model airplanes and toy helicopters. Local ordinances seeking to regulate airspace, no matter how well intentioned, are unlikely to withstand a court challenge and may expose a municipality to liability.

"[t]he United States Government has exclusive sovereignty of airspace of the United States" (49 U.S. Code § 40103(a)(1)


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State and local governments may, however, regulate two things related to flight:

1. May regulate their own agencies' drone flight operations; and

2. They may regulate the locations on the ground from which drones may be launched, landed or operated. 4

2.21 What state and local government can regulate5 1. Where drones take off and land 2. Conduct such as voyeurism 3. Prohibitions on using UAS for hunting or fishing, or to interfere with or harass an individual

who is hunting or fishing. 4. Prohibitions on attaching firearms or similar weapons to UAS

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4 http://dronelawjournal.com Author: By Peter Sachs, Esq. 5 State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet http://www.faa.gov/uas/resources/uas_regulations_policy/media/uas_fact_sheet_final.pdf

Documents

David Benforado David De Angelis Joseph Laux Kathleen … · Protecting The Communities We Live In. DIRECTORS David Benforado Village Trustee Village of Shorewood Hills David De Angelis