Chapter 5 – Adult Custody and Security Operations

52110.4 Institution Air Space

• Air traffic is controlled by the FAA.  The FAA has rules governing all movement of aircraft.

• Penal Code Section 4577 states any person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch is guilty of an infraction, punishable by a fine of five hundred dollars ($500).  This does not apply to any person employed by the prison who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the Department to operate the unmanned aircraft system over the prison.

• Title 14, Code of Federal Regulations (CFR), Section 91.119 requires a fixed wing aircraft to maintain a minimum altitude of 1,000 feet above the highest point of land or structure within a horizontal radius of 2,000 feet from the aircraft.

• A helicopter has no altitude restrictions other than that which does not endanger persons or property below and which, if the engine failed, would allow the aircraft to safely auto-rotate to the ground.  These altitude standards apply to all manned air traffic in the vicinity ofan institution.

• An aircraft being used as a model aircraft or UAS (Title 14, CFR, Section 101.41) is: flown strictly for hobby or recreational use; is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization; is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization; is operated in a manner that does not interfere with and gives way to any manned aircraft; and when flown within five miles of an airport, the operator of the aircraft provides the airport and the air traffic control tower with prior notice ofthe operation.

• Small unmanned aircraft regulations (Title 14, CFR, Part 107) cover commercial use of drones.  Unless issued a waiver, a commercial pilot shall fly only during daylight or in twilight with the appropriate anti-collision lighting.  The maximum allowable altitude is 400 feet above the ground.  The maximum speed is 100 mph.  A drone shall not be flown over people unless they are directly participating in and are aware of the drone operation.  An external load can be carried as long as it is securely attached and does not adversely affect flight characteristics or controllability of the aircraft.  A commercial pilot may request a waiver of the operational restrictions listed above if it can be shown that the proposed operation can be conducted safely under the waiver.  Requests are to be sent to the FAA for consideration.

• All aircraft observed violating Title 14, CFR, Sections 91.119 or 101.41 shall be reported to the local Flight Standards District Office.