No Charges Yet Filed in Martinez Helicopter/Drone Near Miss

California Highway Patrol officials today said it’s unclear what charges might be filed against the operator of a drone that nearly flew into a CHP helicopter Saturday in Martinez but the case could be “closely followed,” given the current lack of clarity in laws governing these incidents.

The incident occurred at 9 p.m. Saturday as the aircraft was searching for a stolen vehicle on eastbound state Highway 4 in Martinez and flying roughly 700 to 800 feet above the ground. The flight crew had to take evasive action to avoid an imminent collision with the drone, which passed by at close range, according to the CHP.

The drone was followed to Roux Court, where local police contacted the operator.

CHP Sgt. Marlon Varin said an incident such as this “could be catastrophic.” He said if a two- or three-pound object were to end up in a helicopter’s tail rotor, this would knock out the pilots’ ability to steer. Even a seagull that struck a helicopter’s bubble window in the South Bay recently caused a significant amount of damage, Varin said. Drones can be much heavier, up to 55 pounds, he added.

Yet it’s clear the drone operator, whose identity has not yet been released, “had no malicious intent,” Varin said. The person’s case has been forwarded to Federal Aviation Administration officials for possible prosecution, Varin said. FAA officials weren’t able to provide any details on potential charges today.

Varin wondered if cases like this could set precedents for how these cases are treated in the future. “I think that this case, or others, will be followed closely,” he said. Varin said there’s not currently an obvious framework for prosecuting these cases. He said many of the rules governing drone operations are recommendations that are not actually punitive.

As part of its Know Before You Fly campaign, the FAA advises, among other things, that drone operators fly no higher than 400 feet, avoid interfering with aircraft and contact an air control tower before flying within five miles of an airport. Varin said Saturday’s incident involved a drone flying within the controlled airspace around Concord’s Buchanan Field Airport, which is about 3 miles away from Roux Court in Martinez. But the person likely didn’t realize there were any limitations on flying in the area, Varin said.

He added that the lack of legislation regarding hobby drone flying certainly doesn’t help public awareness. “We started out this way with lasers too,” Varin said. “Now there is very clear legislation that addresses (what happens when) people point lasers at aircraft.” “In the not too distance future, we’ll find some specific legislation that deals with drones as well,” Varin added.

A study released today by The Center for the Study of the Drone at Bard College reported that in the past two years there have been at least 241 close encounters between drones and manned aircraft nationally. At least 28 encounters required that the pilot take evasive action, as was done in Saturday’s incident.

-Bay City News Service, image via ShutterStock