Drone Law Penalties, Fines, and Lawsuits With Risk Reduction Playbook: A Comprehensive Guide

In the past decade, drone usage has grown exponentially in the United States. As of 2025, over 1.1 million recreational drones are registered with the FAA. Apart from that, millions more operate in commercial, government, and hobbyist sectors.

This widespread usage has also created safety challenges for the government. As a result, the federal and state agencies have substantially increased enforcement efforts.

With the FAA Reauthorization Act of 2024, there was a new turning point in drone regulations. This legislation introduced stricter penalties, and the FAA gained authority to suspend or revoke a drone operator’s license for non-compliance.

These regulations also emphasized operator accountability with maximum penalties up to $75,000 per violation.

From October 2022 to June 2024, the FAA reported 27 violations and levied $341,413 in civil penalties. This strong (relatively speaking) enforcement signals a clear message: the government is taking enforcement more seriously than they ever have..

This guide will provide a comprehensive and in-depth understanding of drone violations and how to avoid them through real cases and actions taken against the violators.

That way, you’ll have a deeper understanding to stay compliant and avoid legal trouble.

Note: If you are looking to gain a deeper understanding of US Drone Laws, this article goes into the most updated drone laws as of 2025.

The Legal Framework: FAA Authority, Part 107 vs §44809

Before we dive into drone law violations and penalties, it is important to get a first-hand understanding of the legal framework.

In the United States, the FAA (Federal Aviation Administration holds exclusive jurisdiction over the U.S. airspace. It is the authority to regulate the operation of all types of aircraft and UAVs from the ground up.

The FAA has provided two operating categories for flying drones:

1. Part 107 (Commercial Operations)

All commercial drone pilots require a valid Part 107 remote pilot certificate. People who fly for commercial or government purposes must operate under this rule (with just a few exceptions not covered in this article).

This includes:

• Any operation where you’re compensated (including monetized YouTube videos)
• Professional photography/videography
• Real estate marketing
• Agricultural surveys
• Infrastructure inspections

You can learn more about FAA Part 107 in this article.

2. §44809 (Recreational Flying)

According to the FAA, recreational flights cannot generate any income. This is a critical distinction. The moment you monetize footage or accept payment, you’re operating commercially and need Part 107 certification.

Under this rule, drone pilots must follow these 9 rules:

• Pass an aeronautical knowledge test
• Fly only for recreational purposes
• Follow community-based safety guidelines
• Keep the drone in visual line-of-sight
• Give way to manned aircraft
• Fly in Class G airspace or get authorization
• Register the drone and mark it with the registration number
• Do not fly under substance influence
• Do not carry hazardous materials

Another key element of the FAA’s legal framework is the Remote ID requirement.

Remote ID Requirement (2024)

Remote ID is like the electronic license plate with each drone, broadcasting your drone’s identification and location to the FAA. The Remote ID rule was effective in 2021. All pilots were required to comply with this rule by September 16, 2023.

But there are a few exceptions to this rule, such as:

• Drones under 0.55 pounds (250 grams) do not require Remote ID
• Operations within FAA-Recognized Identification Areas (FRIAs) also won’t need Remote ID
• Older drones equipped with Remote ID broadcast modules

Equipped with the understanding of the legal framework, let’s dive into the Civil Penalties associated with drone law violations.

Civil Penalties: Common FAA Fines and Their Triggers

As discussed earlier, the FAA Reauthorization Act of 2024 has stricter regulations. Drone operators who conduct unsafe or unauthorized operations face fines up to $75,000 per violation.

If the violations are less severe, the enforcement includes warnings, civil fines up to $27,500 per violation, as well as suspension or revocation of the Part 107 license.

Let’s take a look at common violations and typical penalties associated with them.

1. Operating Without Certification: Two operators were fined $16,000 and $4,000 for flying drones near SoFi Stadium during Super Bowl LVI without the necessary Remote Pilot Certificates.
2. Flying in Restricted Airspace: An operator in Wesley Chapel, Florida, flew dangerously close to a sheriff’s helicopter, forcing them to halt the operation to avoid a mid-air collision. A $32,700 penalty was imposed on the pilot.
3. Stadium and Major Event Violations: A person operating an unregistered drone using first-person view inside Paul Brown Stadium during an NFL playoff game received a $7,760 penalty. He was flying over the crowd beyond the visual line of sight within a Temporary Flight Restriction.
4. Near-Miss with Aircraft: A person flying a drone close to a helicopter in Little Rock, Arkansas, caused a serious collision hazard. The drone crashed to the ground after experiencing rotor wash from the helicopter. A $5,000 fine was proposed against the pilot.
5. Failure to register: The civil penalties for failure to register can go up to $27,500, and criminal penalties for egregious, knowing violations could include fines up to $250,000 and even imprisonment.

What Triggers an FAA Investigation?

There are several ways through which the FAA is notified of a potential violation, such as:

• Public complaints through local Flight Standards District Offices
• Law enforcement reports
• Pilot reports of near-misses
• Visible violations (especially near airports or emergency operations)
• Self-documentation (social media posts, YouTube videos)
• Remote ID tracking and identification

Criminal Exposure: When Violations Become Crimes

In many instances, the FAA can constitute a violation as a crime. When a civil violation becomes criminal, it can attract criminal penalties such as:

• Up to 1 year in federal prison
• Fines up to $100,000
• Restitution for damages
• Probation and community service
• Permanent loss of flying privileges

Here are some key federal criminal statutes:

• 18 U.S. Code §32 (Destruction of Aircraft or Aircraft Facilities), which prohibits destroying, damaging, or disabling aircraft.
• 18 U.S. Code §39B (Unsafe Operation of Unmanned Aircraft), which prohibits knowingly or recklessly interfering with aircraft operations.
• 18 U.S. Code §40A (Operation of Unauthorized Unmanned Aircraft over Wildfires), which prohibits interfering with wildfire suppression or emergency response.
• 18 US Code §32 (Felony Offenses): Penalties for interference with aircraft include potential fines up to $250,000 and/or 3 years in prison.

When does civil violation become criminal?

Here are a few thresholds outlined by the FAA:

1. Intentional interference with aircraft operations
2. Interference with emergency response (firefighting, law enforcement, medical)
3. Operation in national defense airspace
4. Repeated willful violations after FAA warnings
5. Purposefully causing actual damage or injury
6. Operating under the influence

State Criminal Laws

Apart from these, several states have their own regulations that constitute a violation as criminal. Here are a couple of notable ones:

California Regulation: California also makes this a crime under state law to interfere with firefighting operations and can face fines up to $20,000 per violation.

Texas Regulation: Texas Chapter 423 of the Government Code imposes criminal penalties for violations, including flying over critical infrastructure like chemical plants and correctional facilities. It also prohibits drone use to capture images of private property with the intent to conduct surveillance.

Civil Lawsuits: Private Legal Actions

Drone operators also face substantial civil liability through private lawsuits. Here are a few examples of such cases:

Personal Injury Claims

• A California production company flew a drone too low, taking wedding pictures, and hit a lady in the eye, causing blindness.
• A small drone shooting a Fourth of July fireworks video crashed into a crowd, severely cutting a man’s arm and leg.

Potential Damages:

• Medical expenses
• Lost wages
• Pain and suffering
• Permanent disability
• Punitive damages (for reckless conduct)

Property Damage

A drone flying too low or that gets out of control can crash into other aircraft, homes, buildings, cars, and other property, causing property damage.

Common scenarios include crashes into vehicles, damage to roofs and structures, crop damage, and collisions with other aircraft, to name a few.

Trespass Claims

Airspace Rights: Property owners have rights to airspace above their land. The FAA claims jurisdiction over navigable airspace (typically 400+ feet), but lower altitudes involve complex property rights questions.

One such notable case is Bogg vs Meredith in the federal Western District Court of Kentucky. Boggs’ drone was shot down by Meredith. Boggs sued in federal court, claiming the drone was in navigable airspace and was entitled to compensation.

Inside FAA Enforcement: LOI Process, Rights, and Outcomes

The FAA typically follows a progressive enforcement approach to ensure that law-abiding drone pilots do not suffer unnecessarily:

Level 1: Education and Warning The FAA sends a warning letter stating that the operator was flying a drone in violation of FAA regulations. The FAA also provides counseling and education regarding requirements for safe drone operations.

Level 2: Letter of Investigation (LOI) If the violations are more serious, a Letter of Investigation is issued by the FAA requiring a written response.

Level 3: Civil Penalty Proposal: In case of documented violations, a formal notice proposing specific fines

Level 4: Legal Action: For serious or unresolved cases, the FAA refers matters to the U.S. Attorney’s Office for litigation.

Your Rights During Investigation

In case you receive a notice from the FAA or state authorities for drone law violation, you are entitled to several rights. Here they are:

• Right to Respond: You have a time period of 30 days to submit a written response to any LOI or civil penalty letter.
• Right to Informal Conference: According to court documents, DiCiurcio attended an informal conference with FAA officials, stating that he couldn’t afford to pay the penalty.
• Right to Appeal: You can appeal FAA decisions to the National Transportation Safety Board (NTSB).
• Right to Legal Representation: You have the right to attorney representation at all stages.

Enforcement Outcomes

Possible Resolutions:

1. Case Closure: No penalty if the explanation is satisfactory
2. Warning Letter: No fine, but the violation is documented
3. Counseling/Education: Required training or safety briefing
4. Civil Penalty: Monetary fine (may be negotiated down)
5. Certificate Action: Suspension or revocation
6. Criminal Referral: Transfer to DOJ for prosecution

Settlement Considerations:

The FAA may negotiate reduced penalties in exchange for:

• Admission of violations
• Completion of safety training
• Surrender of equipment
• Agreement not to fly

Risk-Reduction Playbook: Preventive Best Practices

While it is good to know the violations and corresponding regulator actions, it is even more important to prevent them. By implementing safe drone operation best practices, you can avoid these legal troubles and stay compliant.

Pre-Flight Planning

1. Check Airspace Restrictions

• Use the FAA B4UFLY app or AirMap
• Review NOTAMs (Notices to Airmen)
• Check for TFRs at https://tfr.faa.gov
• Identify controlled airspace requiring authorization

2. Weather Assessment

• Avoid wind speeds above your drone’s specifications
• No flying in precipitation (most consumer drones aren’t weatherproof)
• Visibility must allow a visual line of sight
• Consider temperature effects on battery performance

3. Site Survey

• Identify hazards (power lines, towers, buildings)
• Assess population density
• Locate emergency landing zones
• Plan for equipment failure scenarios

Equipment Compliance

Registration:

• All drones over 0.55 lbs (250g) must be registered
• Mark registration number on exterior
• Keep registration current (3-year renewal)
• Cost: $5 for recreational, $5 per drone for commercial

Remote ID:

• Ensure built-in Remote ID or add-on module
• Verify functionality before each flight
• Exception: FRIA zones or <250g drones

Maintenance:

• Regular propeller inspections
• Battery health checks
• Firmware updates
• Compass calibration

Operational Best Practices: Do’s and Don’ts

Do’s:

• Maintain visual line of sight
• Yield right-of-way to manned aircraft
• Stay below 400 feet AGL
• Keep away from people not involved in operation
• Have a visual observer for complex operations
• Carry proof of registration and certification

Don’ts:

• Never fly over crowds or stadiums
• Never operate near emergency response scenes
• Do not fly under the influence
• Never try to exceed your skill level
• Do not ignore Low Battery warnings
• Never fly in controlled airspace without authorization

Documentation

Maintain Records:

• Flight logs (date, time, location, duration)
• Pre-flight checklists
• Maintenance records
• Authorization approvals
• Insurance certificates
• Part 107 certificate (if applicable)

Insurance Protection:

• Personal liability coverage: $1M minimum recommended
• Hull coverage for equipment
• Commercial operators: Business insurance with aviation rider
• Verify no “aircraft exclusions”

Special Scenarios

Night Operations (Part 107):

• Requires Part 107 training or waiver
• Anti-collision lighting visible 3 statute miles
• Increased visual observer requirements

Beyond Visual Line of Sight:

• Requires FAA waiver
• Extensive safety case
• Observer network or tracking technology
• Insurance requirements

Events and Gatherings:

• Assume TFR (Temporary Flight Restriction) exists during events
• Check 3 nautical miles from the stadiums
• Presidential movements create broad no-fly zones

Conclusion

The drone regulation and enforcement landscape has fundamentally shifted after the FAA Reauthorization Act of 2024.

As a drone pilot, you need to be more vigilant and careful to ensure that you’re fully prepared and fly safely. Here are a few critical points you need to remember:

1. Enforcement is Real and Increasing – The FAA is signaling aggressive enforcement of drone regulations. It can be clearly seen that $341,413 in civil penalties were levied against 27 operators between October 2022 and June 2024.
2. Documentation is Evidence – Your social media posts, YouTube videos, and live streams provide ready-made evidence of violations to the FAA.
3. Ignorance is No Defense – As FBI officials stated: “Lack of common sense and ignorance of your duty as a drone pilot will not shield you from criminal charges”.
4. Zero-Tolerance on Violating Emergency Operations – Flying drones near wildfires or emergency operations is a federal crime. The FAA is cracking down on such offenses with up to 12 months in prison and civil penalties up to $75,000.
5. Consequences Extend Beyond Fines – Remember, the consequences for non-compliance can be far-reaching and can permanently impact your drone career. Penalties can include criminal convictions, equipment forfeiture, lifetime flying bans, substantial restitution, and civil liability for damages.

The message from regulators is unambiguous…the rules will be enforced.

That being said, compliance isn’t difficult.

The vast majority of drone operators fly responsibly, follow regulations, and never face enforcement action.

By understanding the legal framework and implementing safe drone operations, you can enjoy the benefits of drone technology while avoiding the consequences of violation. 

Additional Resources:

• FAA DroneZone: https://faadronezone.faa.gov
• B4UFLY App: Download from app stores
• Part 107 Study Materials: https://www.faa.gov/uas
• TFR Information: https://tfr.faa.gov
• Report Unsafe Drone Operations: Contact the local FAA Flight Standards District Office

This guide is for informational purposes only and does not constitute legal advice. Consult with a qualified aviation attorney for specific legal questions regarding drone operations and enforcement actions.

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