Other Unauthorized Flights Reported Following Houston Incident

by ANN Associate Editor Rob Stapleton

The recent test flight of an unmanned aerial vehicle near Houston, TX for the Houston Police Department raises questions about the use of unmanned aerial system aircraft by law enforcement agencies in the US.

"We are aware that other police departments around the nation are looking into the use of UAVs for various reasons," said Heidi Williams, Director of Air Traffic Services for the Aircraft Owners and Pilots Association. "We are monitoring this very closely."

The test flight of the UAV was conducted in secret on November 16, in Waller County, TX by Insitu, Inc. for the Houston Police Department, and the Department of Homeland Security. The flight -- conducted without issuance of a Notice To Airmen  -- was caught on camera by a KPRC-2 helicopter crew, as reported by ANN.

According to Washington-based Insitu, they were authorized by the Federal Aviation Administration to make the demonstration flight -- and the FAA backs them up. "A COA (certificate of authorization) was issued prior to the test," said Roland Herwig, spokesperson for the Southwest Region of the FAA.

Of concern to the FAA, and AOPA, is how the Houston Police Department handled the media during the exhibition flight. The department apparently misled KPRC-2, by saying a NOTAM had been issued by the Federal Aviation Administration. The department then advised the news crew to leave the test area.

"The issue with this test flight was that a Houston Police Department helicopter told the Channel 2 helicopter pilot that a NOTAM had been issued and that their helicopter had to leave the area," said Williams. "It’s our understanding that an advisory was issued, but that the police ordered them to leave."

An FAA official, however, confirmed a NOTAM was not issued... adding the agency is investigating why HPD blocked the access by KPRC reporters during the test. "The COA was issued by the ATO, but no NOTAM or TFR was needed. The test was done in Class G airspace," said Herwig.

According to the FAA, the authorization was issued for one day only for a single flight below 1,200 feet AGL and limited to a two-nautical mile radius. KPRC reported the UAV was circling at 1,500 feet AGL as they followed it in their helicopter for filming.

A statement by Insitu says the flight was limited to a two-mile radius at an altitude up to 1,000 feet for the flight. AOPA's Williams concurred -- "They had the COA for one flight that morning up to 1, 000 feet," she told ANN.

Insitu reports the flight was made in accordance with its authorization, and that an onboard Mode C transponder was functioning -- allowing the tracking of the flight by Houston TRACON while the UAV was in flight.

This isn’t the first, or the last, UAV test in general-use airspace, according to AOPA. Other demonstrations of UAVs are expected, with at least four other public service departments in the coming months.

"We are aware the Miami-Dade Police Department is planning a flight in the future," said Williams. Miami Dade Police are working with the FAA and the media in Florida to unveil the use of the Honeywell Micro Air Vehicle in February or March of 2008, according to a police press release.

Insitu also says that it is quite possible they will be making other flights for the Houston Police Department in the future.

"We will be working with the HPD and the FAA in the future to gather operational data and experience as rules and safety procedures for integrating UAV’s into the airspace are developed," according to the company.

Of additional concern is the possibility of blanket authorizations to fly the UAVs on demand, and potentially close airspace to all aircraft traffic. "We would not support this type of arrangement and would hope that law enforcement will work closely with the FAA if and when UAVs are used now and in the future," added Williams.

Both the FAA and AOPA said the use of UAVs is still in the development stage, and there is no mechanism yet available for continued "authorizations" for flights on demand.

According to the FAA, the authorizations (COA) are part of a pilot program to help identify the hazards and associated risks of operating unmanned aircraft by law enforcement agencies and to determine if appropriate mitigations can be developed.

"Right now there is no real good way to track how many of these demonstration flights have actually occurred," said Williams. "According to the FAA there have been about 100 COAs issued, but we are aware that other un-authorized flights have also been made."

Concerns over further Temporary Flight Restrictions by pilots may be premature, according to the FAA.

"Only operations that can safely be conducted will be approved," said FAA’s Herwig. "Such operations must provide for the continued safety of the National Airspace System as well as persons and property on the ground."

Initially, HPD executive assistant police chief Martha Montalvo said the department was looking into using the UAVs as early as June 2008. After the furor surrounding the November 16 test, however, the department may have softened its original stance.

HPD now says it is "exploring all new technologies and it is too premature to comment on when, or if the UAVs will be used," HPD Officer Joanne Abad told ANN.

AOPA is working with the ATO sector of the FAA to address additional concerns over the use of UAVs and is part of a working group, but that they will likely have no jurisdiction over Department of Defense use of the unmanned aircraft.

According to AOPA officials, this UAV event has prompted KPRC-2 to do an investigation piece on airspace use and will be aired in the coming weeks... insuring the issue of UAVs in the nation's skies remains on the radar scope for at least a bit longer.

FMI: www.faa.gov, www.aopa.org/advocacy/articles/2007/071126uav.html