Firefighters will not be liable for damage to a drone that was interfering with emergency operations.
Last week the Governor of California signed legislation that removes the liability if a firefighter takes down a drone, or unmanned aerial system (USA), that was interfering with emergency operations.
Airborne firefighters have had to ground their aircraft many times over the last two years when privately operated drones intruded into the airspace over wildland fires. If a drone collides with a helicopter or air tanker the consequences could be very serious.
An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if that damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code.
Emergency responder is defined as “a paid or unpaid volunteer” or “a private entity”.
The price of sophisticated drones has come down in the last year and their capabilities have made them much easier to fly. It is likely that this interference problem on fires is going to get worse before it gets better.
Both DJI and GoPro in the last two weeks announced new, much more transportable systems with folding propeller arms. The DJI Mavic Pro only weighs 1.62 pounds and when folded can fit into the pocket of some cargo pants. The GoPro Karma is half a pound heavier and is about twice as large when folded. They can fly at 35 to 40 mph at a distance of 1.8 to 4.3 miles and cost around $1,000.
Some drone manufacturers, including DJI, are incorporating geofencing software designed to prevent drones from flying near airports, Temporary Flight Restrictions, and other sensitive sites. The Department of the Interior is beta testing a new system that will ultimately prevent drones from flying over a fire even before a TFR is initiated, as long as the dispatchers enter the fire location data into the Integrated Reporting of Wildland-Fire Information (IRWIN) service.
As long as the DJI drone operator is connected to the internet, the system will warn the operator not to fly into the fire area. However at this stage in the development of the system it will only be a warning and can be ignored. DJI and other drone companies could change that next year, making it impossible to fly into a fire area.
Dragnet: a network of measures for apprehension (as of criminals)
Above: DARPA’s concept of an aerial dragnet for drones.
Since the launch of the Sputnik satellite in 1957 the Defense Advanced Research Projects Agency, DARPA, has investigated and created breakthrough technologies for national security. Their achievements include not only game-changing military capabilities such as precision weapons and stealth technology, but also such icons of modern civilian society such as the Internet, automated voice recognition and language translation, and Global Positioning System receivers small enough to embed in consumer devices.
Their latest goal is to develop a system for the detection of small drones, or unmanned aerial systems (UAS). Over the last two years we have seen how they can intrude into the airspace over wildfires, requiring the grounding of firefighting aircraft.
As the price of an off-the-shelf UAS decreases, they become easier to fly and are more adaptable for terrorist or military purposes, U.S. military forces will increasingly be challenged by the need to quickly detect and identify such craft — especially in urban areas, where sight lines are limited and many objects may be moving at similar speeds.
To achieve the technically difficult goal of mapping small UAS in urban terrain, last week DARPA announced its Aerial Dragnet program. The program seeks innovative technologies to provide persistent, wide-area surveillance of all UAS operating below 1,000 feet in a large city. While Aerial Dragnet’s focus is on protecting military troops operating in urban settings overseas, the system could ultimately find civilian application to help protect U.S. metropolitan areas from UAS-enabled terrorist threats.
“Commercial websites currently exist that display in real time the tracks of relatively high and fast aircraft—from small general aviation planes to large airliners—all overlaid on geographical maps as they fly around the country and the world,” said Jeff Krolik, DARPA program manager. “We want a similar capability for identifying and tracking slower, low-flying unmanned aerial systems, particularly in urban environments.”
Although several systems are being developed for tracking small UAS by extending surveillance methods used in open areas where large line-of-sight buffers mitigate the threat, these systems are impractical for operation in urban terrain. Aerial Dragnet seeks to leapfrog these approaches by developing systems adapted to the fundamental physics of small UAS in urban environments that could enable non-line-of-sight (NLOS) tracking and identification of a wide range of slow, low-flying threats.
The program seeks an array of innovative approaches, but notionally envisions a network of surveillance nodes, each providing coverage of a neighborhood-sized urban area, perhaps mounted on tethered or long-endurance UAS. Using sensor technologies that can look over and between buildings, the surveillance nodes would maintain UAS tracks even when the craft disappear from sight around corners or behind objects.
The output of the Aerial Dragnet system would be a continually updated common operational picture (COP) of the airspace at altitudes below where current aircraft surveillance systems can monitor, disseminated electronically to authorized users via secure data links. Because of the large market for inexpensive small UAS, the program will focus on combining low cost sensor hardware with software-defined signal processing hosted on existing UAS platforms. The resulting surveillance systems would thus be cost-effectively scalable for larger coverage areas and rapidly upgradable as new, more capable and economical versions of component technologies become available.
DARPA’s Aerial Dragnet program seeks teams with expertise in sensors, signal processing, and networked autonomy to achieve its goal. A solicitation detailing the goals and technical details of the program is on FedBizOps.
Since 2014 instances of drones shutting down air operations over wildfires has increased despite repeated warnings to the public.
While there is no formal system to track the number of times Unmanned Aircraft Systems, or drones, have invaded the airspace over wildfires, the U.S. Forest Service has managed to collect some numbers thanks to public reports. And the numbers seem to show that warnings to not fly drones over wildfires often go unheeded.
“In spite of increased and ongoing public education from the interagency fire community and incident management teams by way of the internet, social media, press conferences, news release, etc., about the risks and hazards hobby drone operators present to aerial firefighting aircraft, the public continues flying hobby drones near or over wildfires,” said Mike Ferris, a public information officer with the Forest Service.
Earlier this summer, following a spate of issues with drones flying over California wildfires, the National Interagency Fire Center issued a statement cautioning drone pilots that they could face criminal charges if caught flying drones over a fire. Then in July, CALFire made its first arrest of a drone operator, who now faces a misdemeanor charge in connection to flying the drone over a California wildfire. Ferris did not know about criminal charges against other drone pilots in connection to wildfires.
Forest Service officials say that the small aircraft pose a tremendous threat to the low-flying planes that work above firefighters. A collision of a drone and an airtanker, for instance, could be disastrous, Ferris said.
“Aerial firefighting aircraft, such as air tankers and helicopters, fly at very low altitudes, the same as UAS flown by the general public, creating the potential for mid-air collision that could be fatal for aviation and/or ground firefighters, as well as members of the public,” he said.
Nonetheless, problems have persisted. In the past two months, drones flying too close to wildfires grounded planes in New Mexico, Arizona, Minnesota, Alaska, Utah, Montana and California. This year, there have been 34 instances of drones encroaching on firefighting airspace, and 12 times planes were grounded, according to the Forest Service.According to the June Wildfire Airspace Situations report, aircraft on three fires in Utah were grounded the span of two days in July due to drone activity.
Those numbers are up slightly from 2015, when drones were spotted near wildfires 21 times in five states–California, Colorado, Oregon, Utah, and Washington, Ferris said.
“This resulted in aerial firefighting operations being temporarily shut down on at least ten occasions, which may have caused wildfires to grow larger and unduly threaten lives, property, and valuable natural and cultural resources,” Ferris said.
This summer, when nearby drones forced the shutdown of air operations in Montana and California, aircraft were grounded for 30 to 45 minutes. Although drones briefly shut down air operations over the Soberanes fire in Northern California, the upset came at a crucial time—just days after the massive fire exploded and was burning with little to no containment. The fire’s incident management team has made anti-drone warnings a permanent fixture on its InciWeb site, where it posts all updates on the fire.
One of the largest manufacturers of drones, DJI, has incorporated a geofencing feature into their drone control software that prevents flying into locations where they don’t belong. The system was recently upgraded to keep the pilotless aircraft away from airports, prohibited and restricted airspace, national security sites, prisons, and power plants, among other locations. Additionally, when a user is connected to the internet, the software will provide live guidance on Temporary Flight Restrictions (TFRs) including those relating to forest fires, major league sporting events, and other changing conditions.
The Department of Interior has implemented a prototype of a system, some might call it a beta version, that provides data allowing the drone manufacturers to add another layer of geofencing. It provides near real time information about the location of wildfires, using data collected by the Integrated Reporting of Wildland-Fire Information (IRWIN) service. During the prototype year, the data is supplied to two volunteer, commercial mapping providers that support drone operations, AirMap and Skyward. It is available on the web and as an IOS app (Airmap) that allows anyone to use the information to avoid wildfires. The fire location data is available online and in the app as soon as the local dispatcher loads the fire location data into the system. It appears on the maps as a 2-mile radius circle along with TFRs.
As long as the DJI drone operator is connected to the internet, the system will warn the operator not to fly into the area, even before a TFR is established. However at this stage, during the prototype or beta period, it will only be a warning and can be ignored. DJI and other drone companies could change that next year, making it impossible to fly into a fire area.
It is hoped that other drone manufacturers, in addition to DJI, will begin to use the real time geofencing data available from the Department of the Interior. But, a weak link in the system is that the drone operator must be connected to the internet to obtain the near real time updates for wildfire location information. Many wildfires occur in remote settings without internet access; however, responsible pilots, whether flying manned or unmanned aircraft, will do pre-flight planning to identify potential hazards along the route prior to their flight. Drone operators are reminded if you see smoke in the vicinity, leave your drone at home. Because, if you fly, firefighting aircraft can’t.
Meanwhile, it seems that the public’s fascination with drone technology drives them to keep flying drones over wildfires. A quick search on Youtube.com turns up many cautionary clips warning drone operators to stay away from wildfires—but there are just as many clips of wildfire footage captured by drones.
The drone forced the grounding of firefighting aircraft.
Officers with the California Department of Forestry and Fire Protection arrested a Placer County man Friday who allegedly interfered with firefighting operations recently on the Trailhead Fire by flying a drone over the fire, forcing fire managers to ground aircraft rather than risk a collision.
Information posted on social media helped lead law enforcement officers to Eric Wamser, 57, of Foresthill. He was arrested Friday afternoon, booked into the Placer County jail in Auburn and charged with interfering with firefighting operations. This is the first arrest by CAL FIRE law enforcement of a drone operator for interfering with firefighting.
Chief of CAL FIRE Ken Pimlott sent out a Tweet Friday night saying, “We will seek to prosecute those who put the public and our firefighters in peril with irresponsible use of drones.”
Mr. Wamser’s alleged actions delayed aerial firefighting on a fire burning in the steep canyon along the Middle Fork of the American River near Todd Valley. The Trailhead Fire started June 28 and is now 98 percent contained, according to CAL FIRE. It burned more than 5,600 acres and forced hundreds of residents of Placer and El Dorado counties to evacuate.
“The Trailhead Fire was burning in such a remote area that our aircraft were critical to stopping the fire,” said Chief George Morris III, CAL FIRE’s Nevada-Yuba-Placer unit chief. “Every minute we couldn’t fly our aircraft because of this drone, the fire was able to grow and do more damage.”
Lawmakers in Utah have passed a bill that would allow authorities to disable drones that are flying close to wildfires. While the legislation would allow the aircraft to be shot down, it is more likely that they would be disabled by electronic devices that would jam the radio signal or force them to land. Violators could be fined up to $15,000 or be sentenced to 15 years in prison.
Below is an excerpt from an article at the Star Tribune:
…Bill sponsor Sen. Evan Vickers told The Associated Press that the state highway patrol and National Guard already have the technology.
“The redneck in me is just to shoot the damn thing,” Vickers told lawmakers, adding that it was much more “humane” to jam the drone’s signal.
He said the technology allows officials to target a specific drone and can be used without hurting other nearby aircraft or technology.
[Senator Vickers said] before the vote that the costs of fighting a small wildfire burning about 300 miles south of Salt Lake City would have been several million dollars if five drone flights hadn’t interfered.
“Now we’re way past, north of $10 million because we had to ground aircraft all because of a drone,” Herbert said.
The Washington County Sheriff’s Office has been investigating drones flying near the fire, which is burning on a rocky ridge above the town of Pine Valley, but no arrests have been made or suspects identified. The sheriff’s office has offered a $1,000 reward for information that leads to an arrest…
Leaders of the House Transportation and Infrastructure Committee and the Senate Commerce, Science, and Transportation Committee today announced they have reached a bipartisan agreement on a Federal Aviation Administration (FAA) extension through September 30, 2017, that will affect the U.S. aviation system, including the use of unmanned aircraft, or unmanned aircraft systems (UAS), over wildfires.
Much of the agreement is directed toward airports and passenger screening, but four sections will be of interest to wildfire agencies.
The proposed legislation will require that the FAA convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated unmanned aircraft. This is the first time I have heard of this idea. If implemented, when a UAS interferes with firefighting aircraft the operator could be identified, making it possible to slap them with a fine of up to $20,000, which is another provision in the agreement.
In addition, the proposed legislation requires the development of technologies to mitigate threats posed by errant or hostile unmanned aircraft systems. This could make it possible to disable a UAS that is interfering with aircraft operations over a wildfire.
The FAA is also directed to enter into agreements with the Secretary of the Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations in support of firefighting operations.
The leaders of the House and Senate said they hope to get the passed legislation to the president before the July 15 expiration of the FAA’s current authorization.
Several times in the last 10 days drones flying near wildfires have required that firefighting aircraft cease operations, sometimes for hours at a time.
Yesterday the Federal Aviation Administration sent a mass email to individuals who have registered their drones with the agency, warning them that “drone operators who interfere with wildfire suppression efforts are subject to civil penalties of up to $27,500 and possible criminal prosecution”.
“We have done our research, and it’s clear that aggressively investing and further developing unmanned aerial systems into agriculture will enable Air Tractor to remain an industry leader and provide the latest technology to ag producers as UAS capabilities mature and are integrated into the industry,” said Jim Hirsch, President of Air Tractor.
Sensors available on the Yielddefender aircraft include near infrared and will “soon” enable 3-D mapping and thermal imaging. The company designs their systems for “real estate agents, farmers/ranchers, search and rescue, mining, oil and gas, forestry and many more”.
I wonder if Air Tractor is looking way down the road at converting the 802A into an autonomous UAS night-flying crop duster.