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California Legislation May Allow First Responders To Take Out Drones 368

Required Snark writes: During the recent North Fire that burned vehicles on I-15 in California, firefighters had to suspend aerial operations because of the presence of drone aircraft, according to CNN. Quoting: "Five such 'unmanned aircraft systems' prevented California firefighters from dispatching helicopters with water buckets for up to 20 minutes over a wildfire that roared Friday onto a Los Angeles area freeway that leads to Las Vegas. Helicopters couldn't drop water because five drones hovered over the blaze, creating hazards in smoky winds for a deadly midair disaster, officials said."

In response, state officials have introduced legislation that would allow first responders to disable drones in emergency situations. A second bill would allow jail time and fines for drone users that interfere with firefighting efforts. "Senate Bill 168, introduced by Gatto and Sen. Ted Gaines, R-El Dorado, would grant 'immunity to any emergency responder who damages an unmanned aircraft in the course of firefighting, air ambulance, or search-and-rescue operations.' Los Angeles County fire Inspector David Dantic declined to comment on the specific legislation, but said his agency's aircraft cannot operate safely if a drone is in the same airspace."
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California Legislation May Allow First Responders To Take Out Drones

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  • More by whom (Score:3, Insightful)

    by Anonymous Coward on Tuesday July 21, 2015 @02:18PM (#50154643)

    More legislation by people who don't know how laws actually get applied, or probably rather just don't care.

    If these people are flying their drones unlawfully then reasonable measures should certainly be allowed to stop them. But, if they are being flown unlawfully, the question of whether emergency workers had immunity should not even enter the discussion. If a drone is damaged it is the owner's negligence and conduct to blame. If emergency workers get immunity that means they could step on your 20,000 dollar drone while fighting a fire in your neighbor's backyard and do nothing but laugh in your face.

    • Re:More by whom (Score:5, Insightful)

      by SJHillman ( 1966756 ) on Tuesday July 21, 2015 @02:27PM (#50154757)

      " they could step on your 20,000 dollar drone while fighting a fire in your neighbor's backyard"

      If you're leaving a $20,000 drone in the backyard where it can be stepped on, then maybe you need a lesson in how to take care of your toys.

    • Re:More by whom (Score:5, Insightful)

      by techno-vampire ( 666512 ) on Tuesday July 21, 2015 @02:29PM (#50154781) Homepage
      If these people are flying their drones unlawfully then reasonable measures should certainly be allowed to stop them.

      Yes, they certainly should. Alas, that's not going to stop some fool with more money than brains from misusing a drone that way, or from suing the agency after the fact. And, if they can persuade a jury that their drone wasn't really interfering, they might even collect. This bill is just an attempt to close the barn door before the horse escapes so that those frivolous lawsuits either don't get filed in the first place or get thrown out if they do.
      • Re:More by whom (Score:4, Interesting)

        by MightyMartian ( 840721 ) on Tuesday July 21, 2015 @02:52PM (#50154939) Journal

        The real pity here is that the same rights are not extended to regular citizen. I have seen about three drones fly over my property, one of which I think was a surveyor of some kind, but the others were clearly just some nosy fucking assholes.

        • Re: (Score:3, Insightful)

          by ScentCone ( 795499 )

          one of which I think was a surveyor of some kind, but the others were clearly just some nosy fucking assholes

          Is everyone who drives a car past your property also a nosy fucking asshole? What information do you have that the people flying those aircraft gave a rats ass about your property or you or your activities? Please be specific.

          Some people fly remote control aircraft just for the fun of flying - just like people who fly hot air balloons, ultralights, hang gliders, parachutes, and more. To say nothing of the Cessnas and Beechcraft and other machines that have probably flown over your property many time ove

          • Re: (Score:3, Informative)

            by Grishnakh ( 216268 )

            There's a thing called "airspace". Maybe you should go read about it. Cessnas and Beechcraft have to fly over a certain altitude to be legal (except over runways at airports of course). The airspace from your yard up to that limit is not public domain, it's private property. So no, people aren't allowed to just fly their drones wherever they want.

            • Re: (Score:3, Informative)

              by ScentCone ( 795499 )
              You have your basic information wrong. The airspace above your property up to the 500 (1000 in dense areas) feet above which airplanes must fly is NOT under your control. Here's a googling hint for you: 1946.
              • Re:More by whom (Score:5, Interesting)

                by TWX ( 665546 ) on Tuesday July 21, 2015 @06:57PM (#50156461)
                I looked up United States vs Causby. It seems to indicate that one has a reasonable right to the airspace above one's house, and that if the Government takes that airspace (in this case, low-flying aircraft less than 100' off the ground) that the property owner has the right to be reimbursed. Causby was owed money under the "Takings Clause" of the Fifth Amendment.

                Since private parties cannot 'take' in that sense from someone without the government providing a medium through which to do it, that would mean that private parties would be trespassing rather than 'taking'. I would expect that if someone's drone was taken-down by the rightful owner or tenant of that property that it might be difficult for the drone owner to seek legal action.

                I am not a lawyer, but it does not appear to support your assertion.
              • by AmiMoJo ( 196126 )

                Just buy some used weather balloons with 999ft tethers, problem solved.

    • Re: (Score:3, Interesting)

      by Anonymous Coward

      More legislation by people who don't know how laws actually get applied, or probably rather just don't care.

      I believe they are legalizing shooting the damn things down so the fucktard that decided to do this can't go and try to sue anyways.

      If anything the fucktards doing this need to have their homes lit on fire...while some assholes fly 10 drones over his house to film it. Oh and parking a couple of dump trucks to block the fire department from getting to it.

      • Re:More by whom (Score:5, Insightful)

        by Will.Woodhull ( 1038600 ) <wwoodhull@gmail.com> on Tuesday July 21, 2015 @04:22PM (#50155523) Homepage Journal

        I'm not keen on seeing guys in a helicopter trying to shoot down a drone with a gun. Every card carrying NRA nut knows damwell you should not shoot until you know what is within range behind your target. Shooting drones from a copter puts everyone in danger.

        shooting them from the ground is no better. That bullet is going to come down somewhere and will have regained lethal energy in its descent. Even if you hit the drone, as lightweight as those things are you still have a lethal bullet wandering around in the wild blue yonder.

        Now if there is a way to deploy some kind of frequency limited EMP or jamming signal that would cause all drones in the area to drop like flies, that would be good. And I think it would be possible. And the way current laws are, I think if the jammer was made reasonably directional, property owners who were getting tired of being buzzed by drones would have a way of exercising their God given property rights.

        Yeah, youbetcha. Bring on the jammers!

    • Re:More by whom (Score:4, Informative)

      by Adriax ( 746043 ) on Tuesday July 21, 2015 @02:36PM (#50154837)

      So you believe this will cause firefighters to break into adjacent houses and smash any drones they find for funsies?

    • Re:More by whom (Score:5, Informative)

      by Mr D from 63 ( 3395377 ) on Tuesday July 21, 2015 @02:50PM (#50154923)

      If emergency workers get immunity that means they could step on your 20,000 dollar drone while fighting a fire in your neighbor's backyard and do nothing but laugh in your face.

      They can already plow a car out of a fire zone with a fire truck if they need to. Laughing in the face of the owner is optional, probably not endorsed by the fire dept.

    • Re:More by whom (Score:5, Interesting)

      by AK Marc ( 707885 ) on Tuesday July 21, 2015 @04:04PM (#50155401)
      More legislation to try and catch the US up with the rest of the world. Here (outside the US), firefighters are "allowed" to commandeer water from wherever necessary to fight a fire. This includes driving a fire truck over a residential fence to drop the intake hose in someone's pool and empty it to fight a fire (though, doing so to a fiberglass pool could cause $50k or more damage). The only exception is that if the owner asks you to stop, and the owner is someone with diplomatic immunity, then the firefighters must leave.

      Here, if a fire fighter were to spray a fire with a hose or arial drop, and a drone is hit with water and damaged, then the person who was damaged has no means to claim. He should have been aware of his surroundings and not operated where emergency services needed to be.

      In the US, if a fire fighter tramples the roses saving your children, you can sue (not that you'd be likely to win, but you can sue almost anyone for almost any reason). What should be done is to recognize firemen as agents of the state (as they are here) and give them sovereign immunity.

      Though, with all that impunighty, the firemen could be in disrepute. Here the number one most trusted profession (above police, doctors, and others) is firemen. Maybe because despite having more power than the police to trespass, they almost never use it. The only time I've heard of the pool being used for water was for rural-ish properties where the pool water was being pumped onto the house owned by the pool owner. Putting out your house with your own water doesn't seem like too bad a deal.
      • I believe firefighters are also the most trusted profession here in the US too. Certainly far above police; the police here suck.

        I've never heard of a firefighter doing anything to abuse his power, ever. That's certainly not the case with cops, where it's a regular occurrence. I've even read about an asshole policeman, a few years ago, arresting a firefighter because he wouldn't move his fire truck, which he was using to shield an accident scene from traffic. That didn't work out too well for the cop II

  • by xxxJonBoyxxx ( 565205 ) on Tuesday July 21, 2015 @02:20PM (#50154661)

    >> Allow First Responders To Take Out Drones

    Er...how would they do that? Fire a weapon into a smokey background? Jam the radio...in a way that couldn't possibly interfere with other emergency communications? Or what?

  • by techno-vampire ( 666512 ) on Tuesday July 21, 2015 @02:22PM (#50154687) Homepage
    All of those drones are controlled by transmissions on a fairly narrow band. Jamming that band would make the drones continue on in a straight line and eventually out of the danger zone. Of course, you'd have to make sure that they were heading in a safe direction before you started jamming, but the odds are that almost none of them would be heading on a collision course unless their owners were exceptionally stupid.
    • Re:Jamming (Score:5, Informative)

      by kimgkimg ( 957949 ) on Tuesday July 21, 2015 @02:26PM (#50154745)
      You assume they are being actively piloted. The could be following a waypoint program in which case the only way to "jam" these would be to jam their GPS signal.
    • Re:Jamming (Score:4, Interesting)

      by Jarik C-Bol ( 894741 ) on Tuesday July 21, 2015 @02:31PM (#50154805)
      A goodly number of the 'drones' these days have 'return to launch point' modes that activate when 2 way communication with the controller is lost, so jamming those would actually serve to clear the flight space, and locate the pilot/owner. Probably will see that mode become mandatory in any models above the indoor flight only size if this behavior persists.
      • Re:Jamming (Score:4, Informative)

        by Paco103 ( 758133 ) on Tuesday July 21, 2015 @03:23PM (#50155147)

        Mandatory mode? Mine runs a modular radio system which I can operate on any band I choose, including digital over cellular if I so desire. It also runs open source software on open source hardware, so it's pretty easy to control what "modes" it can operate on. This isn't something that can be controlled by a dictating rules to a few commercial manufacturers, though I don't know if statistically that may solve the majority of the problem. They're not hard or expensive to build. The flight controller is nothing more than an arduino with an accelerometer and (optional) GPS.

    • Erm, drones typically navigate by GPS signals, without direct control necessarily. They won't continue "straight", they'll follow their flightpath. If under remote control, typical programming has them maintain location for a period of time to regain lost signal, then return to launch site via retracing the previous flight path (presumed clear of obstructions) if signal is not restored within that period of time.

      IE, jamming control signals might induce more intrusive behavior than physical disabling, such

      • Erm, drones typically navigate by GPS signals, without direct control necessarily. They won't continue "straight", they'll follow their flightpath. If under remote control, typical programming has them maintain location for a period of time...

        My understanding is that the problem here isn't pre-programed drones, it's drones controlled by fools who are trying to get pictures or videos of the action. If they're programmed to hover if their signal drops, that's fine; they're now a fixed obstacle to be avoid
        • All drones are pre-programmed, even if you are redirecting the thing in mid flight.

          If you are directly flying the thing, then it isn't a drone; it's an RC craft. Which have been around longer than any of us have been alive.

  • by ibpooks ( 127372 ) on Tuesday July 21, 2015 @02:23PM (#50154695) Homepage

    Firefighters already have the ability to damage private property when it is necessary to contain an emergency situation. I can't imagine this law adds additional powers, but perhaps clarifies that existing standards still apply to a new technology that didn't exist at the time. Perhaps also a reasonable public awareness / scare campaign to remind people to keep their drones away from disaster areas where they are interfering with life safety.

    • Obligatory example:
      http://www.dailymail.co.uk/new... [dailymail.co.uk]
    • by kheldan ( 1460303 ) on Tuesday July 21, 2015 @03:39PM (#50155237) Journal
      Agreed. If your car is parked in the way of firefighters, you might find your windows smashed open, and a firefighters' hose run through it. Drones shouldn't only be no different, but in fact even more 'expendable': they're a nuisance, and for all we know some drone pilot might be intentionally trying to hamper firefighters' efforts.

      I say, shoot them down with no hesitation whatsoever. They are toys being played with by irresponsible persons, who may even have criminal intent.

      To the inevitable nudniks who are going to yell and scream about muh private property and muh freedoms: shove it up your ass. You and your goddamned little flying toys shouldn't have any rights in this situation. Play with your toys responsibly or lose them.
      • by bill_mcgonigle ( 4333 ) * on Tuesday July 21, 2015 @04:13PM (#50155467) Homepage Journal

        Yep. I'm a big proponent of aerobots for all kinds of social good, and the FAA is doing a terrible job (hampering the march of progress) but absolutely the FD should be able to clear them, even with dedicated anti-aerobot drones (birdshot from a helicopter is going to be all kinds of fun but probably not too effective). The broken car windows are a perfect analogy - if it were my car that I stupidly parked in front of a hydrant (I wouldn't but I'm not perfect and could miss one) I would absolutely want my car windows broken if they prevented a firefighting operation.

        Curiosity is not sociopathy and the two are not interrelated, but stupidity is stupidity and needs to be handled.

  • by ClickOnThis ( 137803 ) on Tuesday July 21, 2015 @02:23PM (#50154699) Journal

    In Soviet Russia, drones take out you!

    [Uhh ... maybe not just in Soviet Russia.]

  • by Lucas123 ( 935744 ) on Tuesday July 21, 2015 @02:24PM (#50154721) Homepage

    FTA: "Five such 'unmanned aircraft systems' prevented California firefighters from dispatching helicopters with water buckets for up to 20 minutes over a wildfire that roared Friday onto a Los Angeles area freeway that leads to Las Vegas."

    Yeah, I wouldn't have asked permission before shooting those drones from the sky.

    • Re: (Score:3, Interesting)

      by tompaulco ( 629533 )

      FTA: "Five such 'unmanned aircraft systems' prevented California firefighters from dispatching helicopters with water buckets for up to 20 minutes over a wildfire that roared Friday onto a Los Angeles area freeway that leads to Las Vegas."

      Yeah, I wouldn't have asked permission before shooting those drones from the sky.

      This makes me support the FAAs proposed rulemaking to make it necessary to register such drones. Then we would be able to know who was responsible and give them the bill for hundreds of millions of dollars of damage that they caused.

    • They need a nonlethal solution. Bullets, or even shotgun pellets, would have to fall somewhere eventually.
      • Drones don't take birdshot well and it's safe downrange. Beanbag rounds and similar crowd control should be fine and something cops would already have.

        • The typical shotgun bird-shot or bean bag loads aren't totally well suited. It's time for law enforcement to do some basic research on a suitable solution for mid-range drone mitigation using readily available tools. Possibly workable would be 12 gauge with 32" barrel chambered for 3 1/2 inch magnum shells and having a tight choke and shot cup designed for maximum range without exceeding #6 shot size for safety. This configuration would probably double the effective range compared to a cylinder choked defen

      • To use a shot gun you are going to need to be REALLY close to the thing you are shooting. If you get over 20 yards or so, you can forget about doing any kind of reliable damage.

    • by k6mfw ( 1182893 )
      When authorities do get legal ability to shoot down drones, it seems in practice very difficult to do. Small moving target like back in the days of multiple rapid fire machine guns and flak artillery. Maybe CalFire can get a few of these to add to their fleet of vehicles, http://www.telegraph.co.uk/new... [telegraph.co.uk]
      • by es330td ( 964170 )
        It can't be that hard if it is in range. These things move much slower than a goose or duck and one high energy lead pellet to a propeller will probably put it out of service. These things are an awfully big target compared to the dove and quail people hunt.
  • I'm sure helicopters have to deal with birds sometimes. These drones don't appear to be that durable or heavy, are you telling me that the propeller blades can't handle these little things without causing a disaster?

    I am not a drone owner or user... but I just can't believe these things are that hazardous to an aircraft the size of a helicopter. Am I very very wrong here?

    • Birds are usually smart enough to stay away from helicopters, aren't they?

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        Birds are usually smart enough to stay away from fire.

      • by Paco103 ( 758133 )

        Considering the number that die smacking into windows and windmills, I can't imagine this has to do with intelligence. They might avoid the noise?

    • by AndroSyn ( 89960 ) on Tuesday July 21, 2015 @02:37PM (#50154847) Homepage

      Do YOU want to be in a helicopter when a drone gets sucked into its intake. What happens then? The helicopter's engine likely stalls, the helicopter then goes into autorotation if you are lucky...landing in the fire you are trying to put out.

      What if the drone smashes into your windshield in limited visibility, knocking the pilot out cold or worse.

      You are very wrong here. Look at the airplane that landed in the Hudson River that was taken out by a goose. Seriously, a goose, a lot of drones are of similar weight or larger, also a lot softer.

      If bird strikes are a hazard, how would a drone NOT be a hazard?

      • Also bear in mind what a drone is. These five drones were competing with each other to get better footage. Dramatic close footage of helicopters is clearly good footage, and the kind of person who fights to get camera drones into the middle of a situation like this is the kind of person who'd try to get the helicopters and everything else in the shot good and tight. Close-up of the helicopter dumping water? Score!

        These aren't stray animals, they are provably human beings on the scene somewhere, putting the

    • While the drone frame may be plastic, I would suspect that the motors and batteries are fairly dense materials. These striking a helicopter blade would seem to be a risky proposition.

    • by Spy Handler ( 822350 ) on Tuesday July 21, 2015 @02:48PM (#50154911) Homepage Journal

      There are little drones and there are big drones. The big ones can weigh 5 pounds or more. Also all drones have steel parts like electric motors.

      Maybe Mythbusters or somebody can do a test, shouldn't be that hard or expensive. Get a helicopter tail rotor and mount it on a platform and spin it to normal operating RPM. Fly a popular drone such as a DJI Phantom with a GoPro mounted on it into the tail rotor. See what kind of damage occurs.

      My guess is that the damage to the tail rotor will be major and the helicopter will experience yaw stability issues, but a decent pilot should be able to make an emergency landing.

    • They wanted to drop water but couldn't because of the drones. Why, they were afraid they'd damage the drones in putting out a fire? Solution, drop water on the drones.

      I'm sure helicopters have to deal with birds sometimes. These drones don't appear to be that durable or heavy, are you telling me that the propeller blades can't handle these little things without causing a disaster?

      I am not a drone owner or user... but I just can't believe these things are that hazardous to an aircraft the size of a helicopter. Am I very very wrong here?

      It's not the hazard, it's the potential hazard.

      Let me set up the firefighting environment.

      You're in an aircraft. Could be a helicopter. Could be an airplane (single engine agplanes are commonly used). You're flying low to the ground, because if you go too high, the effectiveness of your water/retardant/foam drop diminishes significantly. So you're having to fly in a narrow band of altitude above ground. You can't go up - lowers the effectiveness, you can't go down - reduces your spread, and again, lowers the effectiveness because you're not covering as wide an area.

      OK, now we're near the fire. As everyone knows, heat rises, and fires generate a lot of it. This makes for wicked turbulence as you fly - it's extremely difficult maintaining attitude ("blue side up"). You've got to fly this path to lay your water/retardant/foam in the planned area, with air upsetting your aircraft and making it hard to keep a straight line (i.e., straight and level flight).

      You're concentrating making your location, dropping your load (which alters the CG of your aircraft - in some, they will pitch up as they get lighter, in others, pitch down, and you must correct for this as you're dropping. If you don't, your chances of crashing are basically certain).

      In other words, it's already a hard job, and now you want to add avoidance to the mix? I mean, if you're dropping, and a drone comes up, that could distract the pilot long enough to do the wrong thing. Or it could hit the aircraft and damage a prop, at a time when the workload is high.

      I did mention you were already low to the ground, right? So if you have a problem, you can't fix it - and if you can't fix it, you're going down. If you're lucky, there's a crew nearby who will come to your aid in your crashed aircraft. If not, and you land in flames, well, hero down.

      But I'm sure it was all worth it to be on YouTube, right?

      And that's the real danger - it's really turbulent, so drones are no match for the wicked air currents. There's a chance that "harmless drone" far away could be gusted right into you, perhaps damaging a control surface (and it doesn't take much - the aluminum bends really easily).

      Plus, it's high workload - you're already busy enough flying, you really shouldn't have to worry about other aircraft in the area. (And you don't - there's an aircraft flying overhead that manages the airspace so you will not encounter another firefighter accidentally. That control aircraft schedules every helicopter, agplane, waterbomber, etc., in sequence so as to allow the pilot to just concentrate on their job - dropping their load at the right place and right time).

      Since this is /., how about a work analogy - say you have a deadline coming up and you need to finish your module by that time. In a normal environment, you're given the alone time you need to concentrate because it's tricky, and it's due end of the day. Drones are more like those coworkers and your boss asking you to come into a meeting, or bugging you every 10 minutes with a question. That's why drones are so dangerous - they're distracting and their potential for harm is heightened because of the urgency of the task at hand.

      And in the end, really - it's all just so some idiot can have something cool to post on your YouTube channel.

      And FYI - the airspace around a wildfire is restricted airspace - no aircraft

      • All this plus drones flown by arrogant fools to get impressive camera footage will actively try to be IN the vicinity of anything on the scene. If there is an aircraft trying to make a firefighting pass, every single drone being flown with this agenda will try to get NEARER to the plane than all the other drones to ensure there aren't extra drones in the shot.

        They'll not only try to get in the way but they'll try to get closer than the other drones for bragging rights. It's certainly not 'cool' to be the dr

      • Exactly this..

        Air drops are done low and slow where the work load is high. Bad things happen quickly under these conditions and you can be dead almost before you realize there is a problem.

    • For starters, birds tend to fly away from forest fires.

  • by Anonymous Coward

    They should have been doing that from the get go. Shoot them down, run them over, dump water on them. As soon as the idiot comes forward claiming the firefighters destroyed their $10000 drone, then arrest them and toss them in jail for putting their lives in danger. Simple as that. No legislation needed.

  • ham radio (Score:4, Interesting)

    by Josh Nath ( 3910067 ) on Tuesday July 21, 2015 @02:41PM (#50154873)
    How about making it like ham radio: you get a license, mark your drone with your number. You get in the way, get government knows who to bring the remains back to.
  • I for one think it's about time that human-drone relationships comes out of the closet, and that we do not scorn those drones or humans with such orientations.

  • 20 minutes flight time is pretty good for a 'drone'

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