I didn’t check B4UFLY. I put my drone up to get a shot of a bridge. Turns out, there was a VIP TFR (Temporary Flight Restriction) for the President’s travel. Two black SUVs pulled up. I wasn’t arrested, but I received a Notice of Proposed Civil Penalty from the FAA for $20,000.
Key Takeaways
- Insurance Does Not Pay Fines: Insurance covers damages to others. It does NOT cover civil penalties or fines issued by the government. You pay the $20k.
- Administrative Defense Coverage: Some high-end policies (like those from AOPA) cover the legal fees to defend your pilot certificate, but they won’t pay the fine itself.
- “Illegal Acts” Exclusion: If the FAA determines you “knowingly” violated the TFR, your insurance might void your liability coverage for the entire flight (meaning if you crashed during that flight, they wouldn’t pay for the crash either).
- NASA ASRS Report: Filing a NASA report immediately can sometimes offer immunity from certificate suspension (but not always civil penalties).
The “Why” (The Trap): “Punitive Damages”
Insurance contracts generally prohibit paying for Punitive Damages or Civil Fines.
Public policy dictates that if insurance paid your parking tickets or FAA fines, you’d never follow the law.
The trap is thinking “I have $1M insurance, I’m safe.”
You are safe from lawsuits, not the Feds.
The Investigation: “I Called Them”
I asked about FAA enforcement actions.
1. AOPA (Pilot Protection Services)
- Product: Legal Services Plan.
- Coverage: Pays for a lawyer to negotiate with the FAA to reduce the fine or suspension.
- Cost: ~$50/year (add-on).
- Verdict: Essential for Part 107 pilots.
2. Standard Drone Liability
- Coverage: None for the fine. None for the lawyer (unless there was also a crash/lawsuit).
3. FAA Enforcement Counsel
- Reality: They often negotiate. A lawyer can turn a $20k fine into a $2k fine and a suspension. You need that lawyer.
Comparison Table: Who Pays What?
| Expense | Commercial Drone Policy | Pilot Legal Plan (AOPA) | You (Cash) |
| Damages to Bridge | Yes | No | No |
| FAA Fine ($20k) | No | No | Yes |
| Lawyer Fees (FAA) | No | Yes | No |
Step-by-Step Action Plan
- Land Immediately: If law enforcement approaches, land safely. Do not argue.
- File a NASA ASRS Report: You have 10 days. Go to the NASA ASRS website. Admitting the mistake here can waive certain sanctions.
- Do Not Surrender Data: You do not have to give your SD card to the police without a warrant. It contains evidence. Keep it safe.
- Call AOPA / Lawyer: Do not speak to the FAA inspector without counsel. “I am happy to cooperate with my counsel present.”
FAQ
Q: Will I lose my Part 107 license?
A: For a TFR violation? Very likely. Expect a suspension of 90 days to revocation.
Q: Can I fly recreationally while suspended?
A: No. A suspension applies to you as an airman, not just your commercial certificate.
[IMAGE: Screenshot of the B4UFLY app showing a red “Restricted Airspace” circle.]