Latest posts by Jonathan Rupprecht (see all)
- Robert Taylor v. FAA- 2nd Drone Registration Class Action Lawsuit - January 16, 2018
- Section 107.79 Voluntary surrender of certificate. (2018) - December 20, 2017
- Section 107.77 Change of name or address. (2018) - December 20, 2017
What Type of Criminal Punishment (Prison Time) or Fines can Result for a TFR Violation?
Depending on the type of TFR, you can get punished in three different ways for a TFR violation: (1) you can be criminally punished up to a maximum of 1 year in federal prison and a $100,000 fine, (2) you can have your pilot license suspended or revoked, and/or (3) receive a civil penalty by itself or on-top of the $100,000 fine.
Sometimes you can get charged with multiple violations for one flight. For example, a pilot operating under Part 91 can be charged with violating 14 CFR 91.103 which requires him to conduct a pre-flight check of all available information before a flight. Likewise, the remote pilot of a drone would be required by 107.49 to be familiar with the airspace prior to flight.
The Part 61 pilot in this case got charged with a violation of 91.103 & 91.137 for the same flight by the FAA. He was stuck between a rock and a hard place. Why? There were only two options: either he did NOT check for TFRs (a violation of the FARs) or he did check and intentionally went into the TFR (a violation of federal criminal code).
Flying into a TFR negligently results in fines while flying intentionally can result in prison time.Click here to tweet
I wrote a lengthy article on the 23 drone operators the FAA has been prosecuting and showed that out of the 23 operators, some of them were cited with multiple violations of the Federal Aviation Regulations for the same flight.
Criminal Punishment: Federal prison for up to a Year and/or a $100,000 fine for a violation of a security related TFR.
If you knowingly or willfully violate a security TFR, you can have some serious consequences. These sometimes get put around major sporting events or the President.Recently, the FAA created over 500 of them at military bases across the country that applied only to drones.
In 49 U.S.C. § 40103(b)(3), the U.S. Congress gave the FAA the ability to:
“(3) To establish security provisions that will encourage and allow maximum use of the navigable air-space by civil aircraft consistent with national security, the Administrator, in consultation with the Secre-tary of Defense, shall—
(A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those areas.”
“A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both.” 49 U.S.C. § 46307.
Intentionally flying into a security related TFR is nothing to mess around with. Doug Hughes flew a gyrocopter onto the US Capitol lawn (a permanent security flight restriction) and he was indicted and prosecuted by the Department of Justice. One of the charges listed § 43607 and § 40103(b)(3). Read the Douglas Hughes indictment. He later pleaded guilty to one of the multiple charges and was sentenced to federal prison for 120 days.
How much of a criminal fine can result from a security related TFR violation?
To know how much a defendant can be fined for a security related TFR, we need to figure out what type of crime had been committed. A security related TFR violation is a Class A misdemeanor because § 46307 says the defendant can not be “imprisoned for not more than one year” and 18 U.S.C. § 3559 says:
“(a)CLASSIFICATION.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— [. . .]
(6) one year or less but more than six months, as a Class A misdemeanor;”
A Class A misdemeanor can be punished according to 18 U.S.C. § 3571 which says:
(a)IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to pay a fine.
(b)FINES FOR INDIVIDUALS.—Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of—[. . .]
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000; [. . . ]
FAA Pilot Certificate Suspension or Revocation
For an accidental flight or intentional flight, you can be receiving a FAA order suspending or revoking your Part 61 pilot certificate or your Part 107 remote pilot certificate. The FAA order directed to FAA enforcement teams recommends a “30- to 90-day suspension” for a simple TFR violation. Keep in mind that if you did a bunch of other violations, these numbers will be higher or you’ll be getting a certificate revocation.
FAA Civil Penalty
The pilot license suspension or revocation will be the normal method of punishment, but with more and more drone pilots operating without an airmen certificate, the FAA will have to resort to a civil penalty since there is no airmen certificate to suspend or revoke. Additionally, the FAA has said, “For a deliberate, egregious violation by a certificate holder, regardless of whether the certificate holder is exercising the privileges of the certificate in connection with the violations associated with a UAS operation, certificate action, may be appropriate. Such certificate action may be in addition to a civil penalty.”
The FAA can fine the person $1,414 per occurrence along with other charges. Typically the FAA would charge the person with flying in the TFR along with flying carelessly and recklessly which would result in 2 charges of 1,414 each with a total fine of 2,828. Additionally, the FAA could also suspend or revoke any airmen certificate the pilot has.