416 – Drones

Purpose

This policy is intended to ensure that the use of small, unmanned aircraft systems (drones) by Harris County Sheriff’s Office (HCSO) employees complies with Federal Aviation Administration (FAA) regulations and other relevant laws while safeguarding the right to privacy and minimizing any related risk to people, property, and other aircraft.

Many of the federal rules governing drone operations can be found in title 14, part 107 of the Code of Federal Regulations.

Definitions

Air Boss: The person in charge of coordination of air traffic and communication when multiple drones are deployed within the same airspace or multiple flight operations teams (FOTs) are assigned to a specific operation. The air boss is the point of contact for any Temporary Flight Restrictions (TFRs) requested by HCSO or any other agency involved in the operation. Only a person who holds a current and valid remote pilot certificate is eligible to act as an air boss.

Autonomous Drone: Pursuant to section 9.54 of the Penal Code, this is a drone that operates autonomously through computer software or other programming.

Certificate of Waiver or Authorization (COA): A document issued by the FAA to public operators such as HCSO that authorizes drone operations.

Chief Pilot: The highest-ranking pilot assigned to the Air Operations Section. The chief pilot oversees all HCSO flight operations, including drone flights.

Compliance Documents: Documents required by the FAA to be in a person’s physical possession and easily accessible during all drone operations:
• Remote Pilot License/COA/Exemption 333
• Part 107 approved waivers
• Operations manuals for the drones used
• Maintenance and flight logs for the drones used

Counter-Drone Measures: Technology deployed to interrupt the flight of unauthorized drones operating in certain airspace.

Dangerous Weapon: Pursuant to federal law, this is a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. This does not include a pocketknife with a blade of less than 2.5 inches in length.

Downlink: The communication link that transmits a drone’s status to its pilot and provides situational awareness.

Drone Flight Log (DroneSense): The system or database used to log information concerning all HCSO drone missions, including training flights.

Drone Mitigation: Technology deployed to neutralize or gain control of unauthorized drones operating in certain airspace.

Drone Unit: The internal HCSO unit responsible for training of drone pilots, maintenance and inspections of drones, and coordination of all drone deployments, detections, mitigations, and investigations.

Flight Operations Team (FOT): The team consisting of the PIC, PAC, liaison, and any VOs assigned to a particular drone mission. The FOT may start, suspend, or terminate drone operations related to the mission at any time in consideration of FAA rules and regulations, personnel safety, weather conditions, or civilian overflights in the area of operation. The FOT is responsible for supplemental reports related to the mission and for logging the flight into DroneSense. As operationally necessary, team members may be tasked with fulfilling multiple roles.

Liaison: An individual who filters information or intelligence between support personnel or outside stakeholders and the FOT during a mission to avoid distracting the PIC and any VOs .

Lost Link: An interruption or loss of a drone’s uplink or downlink that results in a drone pilot’s inability to effectively control the aircraft.

Markings: Pursuant to relevant federal laws, each drone shall be marked with the FAA-issued registration number. Each drone may also be marked with “SHERIFF” or “HCSO” to indicate law-enforcement operations.

National Airspace: All airspace within the jurisdiction of the United States and regulated by the FAA.

Payload Operator (PO): During drone missions where two controllers are used for one drone, the PO will be responsible for operating the camera and remote sensing functions attached to the platform. The PO will concentrate on recording videos and still images or delivery of the data recorded by the payload attached to the robotics platform, thus allowing the PAC to concentrate on flying the drone.

Pilot at Controls (PAC): The person directly operating the drone controller to manage a drone. Where two controllers are used for one drone, the PAC shall operate the controller directing the drone’s flight while the PO handles the other controller.

Pilot-in-Command (PIC): The person in charge of all flight operations, and responsible for the safe and lawful operation of the drone.

Primary Visual Observer (PVO): A member of the FOT who is authorized to act as a pilot but designated by the PIC to act in a support role, assisting the PAC with the recognition and avoidance of any other air traffic or objects — either aloft or on the ground. In operations with multiple VOs, the PVO shall maintain communication with all other VOs. In emergencies where there is no authorized pilot available to serve as PVO, the PIC may designate someone without flying authorization to serve instead.

Remote Pilot Certificate: An FAA-issued document that demonstrates understanding of drone regulations, operating requirements, and procedures for safe drone operation. Under FAA regulations and HCSO policy, a pilot must have their remote pilot certificate or a digital copy of the certificate in their physical possession and easily accessible at all times while operating a drone.

Small Unmanned Aircraft System (Drone): In accordance with FAA rules, this is an aircraft weighing less than 55 pounds on takeoff, and operated without the possibility of direct human intervention from within or on the aircraft. The 55-pound weight limit includes all on-board or attached equipment required for the safe and efficient operation of the drone.

Temporary Flight Restriction (TFR): A restriction on aircraft, including drones, from operating without permission in a certain area for a limited time. TFRs are issued by the FAA, and violating a TFR may result criminal prosecution.

Unauthorized Drone Operations (UDO): UDO’s are civilian unmanned aerial flights in restricted airspace identified under FAA TFR or over restricted facilities identified under Chapter 423. Use of Unmanned Aircraft.

Uplink: The communication link that transmits control instructions to the drone.

Visual Observer (VO): The VO is a critical component to the success of each flight event. Their primary duty is to scan the airspace for airborne and ground hazards. These hazards include manned platforms (e.g., fixed-wing aircraft, rotary aircraft, etc.) and other aerial phenomena (e.g., birds, weather, animals, and bystanders). The VO immediately notifies the Flight Team of any recognized hazards, and the Flight Team will conduct the appropriate action to avoid the airborne hazard safely.

Policy

It is HCSO’s policy to utilize drones to assist in law enforcement and emergency operations by providing increased situational awareness, enhanced safety, and improved operational efficiency.

Procedure

HCSO personnel shall operate drones in coordination with patrol, investigative, and emergency-response operations within the limitations of the COA.

Drone Deployment
1. Operational Planning
  1. Drones may be deployed to assist in the development and planning of an investigative or enforcement operation. This includes the use of 360-degree panoramic images.
  2. Drones may be deployed to assist in planning for a large event where public and officer safety are concerns.
  3. Drones may be deployed to assist in planning for other events at the request of an HCSO employee at the rank of major or above.
2. Operations
  1. Hazardous Materials Incidents
    Drones may be deployed in incidents involving hazardous materials for purposes including but not limited to the use of photography or thermography to:
    1. Assist in the determination of the incident type (i.e. spill, leak, or vapor release), the composition of any material being released, and the size and location necessary operational zone;
    2. Assist in the assessment of whether the material is entering waterways; and
    3. Assist in the assessment of whether an evacuation or shelter in place is necessary.
  2. Rescue Operations
    Drones may be deployed in incidents involving the delivery of equipment and supplies including but not limited to:
    1. Rope rescue lines,
    2. Personal flotation devices,
    3. Communications equipment, and
    4. Medical supplies.
      Note: When used to deliver any items, the takeoff weight of the drone must remain less than 55 pounds.
  3. Storm Damage Assessment
    Drones may be deployed after a storm or other severe weather event for purposes including but not limited to:
    1. Determining the size and location of affected areas,
    2. Assessing the severity of damage in order to prioritize operational responses, and
    3. Locating available access routes into and out of affected areas.
  4. Searches for Suspects or Victims
    Drones may be deployed in incidents involving the need to locate a suspect or victim for purposes including but not limited to the use of photography or thermography to:
    1. Capture live footage to assist operations on the ground and
    2. Record footage to be reviewed at a later time during search operations.
  5. Tactical Operations
    Drones may be deployed in coordination with tactical operations for purposes including but not limited to intelligence gathering during the planning and execution of high-risk events such as a barricaded suspect or hostage negotiations.
  6. Wildland Fires
    Drones may be deployed in situations involving wildland fires (e.g., wildfires or controlled burns) for purposes including but not limited to the use of photography or thermography to:
    1. Determine the location where the fire is spreading the fastest;
    2. Determine the fuel types and amounts;
    3. Determine the fire’s direction of travel and rate of spread; and
    4. Identify exposure hazards, personnel safe zones, and escape routes.
  7. Situations Affecting Public Safety
    Drones may be deployed in any event or operation where public safety may be at risk for purposes including but not limited to:
    1. Assess areas of concern or
    2. Guide law enforcement or emergency personnel to requests for assistance.
3. Post-Incident Assessment
  1. Accident Investigations
    Drones may be deployed in coordination with accident investigations for purposes including but not limited to:
    1. Obtaining a 360-degree panoramic view of the scene,
    2. Assist in determining the cause of the accident,
    3. Assist in determining fault, and
    4. Documenting evidence at the scene.
    5. Assist in the assessment of whether the material is entering waterways; and
    6. Assist in the assessment of whether an evacuation or shelter in place is necessary.
  2. Criminal and Crime-Scene Investigations
    Drones may be deployed in coordination with criminal or crime-scene investigations for purposes including but not limited to:
    1. Obtaining a 360-degree panoramic view of the scene and
    2. Documenting evidence at the scene.
4. Training
  Drones may be deployed for purposes of critiquing operational decisions and actions for better future operations. Likewise, they may be deployed during tactical training to critique tactical deployment and develop enhanced strategies.
Prohibitions on Drone Deployment
1. Drones shall not be deployed in any circumstance that would violate FAA regulations or interfere with operations or traffic patterns at any airport, heliport, or seaplane base.
2. Drones shall not be deployed within local airspace where manned aircraft are operating unless a TFR has been established and designates different altitudes for the drone and manned aircraft to operate.
  Note: For the safety of manned aircraft crews and national airspace in general, drones shall always yield to manned aircraft to avoid collision. This includes the destruction of the drone if necessary.
3. Drones shall not be deployed in weather conditions likely to cause the pilot to lose control of the drone. The threshold for this depends on the design and physical capabilities of the particular drone.
4. Drones shall not be deployed when they have been tagged for maintenance, repairs, or otherwise been grounded.
5. Drones shall not be deployed beyond an altitude of 400 feet above ground level except as allowed by the FAA.
6. Except when the FAA has issued a waiver, drones shall not be deployed in national airspace when the PIC or VOs cannot maintain visual contact with a drone at all times.
  Note: This prohibition does not apply to indoor operations, which are, by definition, not within national airspace.
7. Drones shall not be deployed in any conditions that the PIC determines are unsafe. This determination is final.
8. Drones shall not be deployed in any circumstance that would violate HCSO policy or any relevant law.
9. Drones shall not be deployed as instruments of force unless deadly force is appropriate and said deployment complies with Policy 501 — De-Escalation and Response to Resistance.
10. Drones shall not be deployed with dangerous weapons attached unless so authorized by the FAA Administrator.
11. Personally owned drones shall not be deployed without prior authorization from the chief pilot.
12. Autonomous drones may be deployed in certain circumstances but — in accordance with the Texas Penal Code — shall never be used to deliver deadly force.
Pilot Requirements and Qualifications
1. All pilots who will be flying drone missions shall
  1. be properly trained by instructors as designated by the chief pilot;
  2. meet all conditions of the COA;
  3. hold a current and valid remote pilot certificate;
  4. have a current working knowledge of the airspace intended for operations, air-traffic control communication requirements, specific drone aerodynamic factors, the ability to obtain and interpret weather, and current state law relating to drone use;
  5. Remain current with their flight log entries in DroneSense; and
  6. Meet the following flight experience requirements:
    1. Basic Flight Operations Training
      All pilots must successfully complete and pass the basic flight operations training curriculum for drones as approved by the chief pilot.
    2. Mission Training
      All pilots must undergo mission training to increase specific core competencies in all drone operations, systems, and roles with conducting a mission in accordance with an approved mission training curriculum. This training is in addition to basic flight operations training.
2. Continuing Education
  All HCSO drone pilots shall regularly read the current COA and maintain proficiency in their abilities related to drone operations.
  1. Biannual FAA Testing
    In accordance with FAA rules, all HCSO drone pilots who already hold a remote pilot certificate shall maintain a current knowledge of all pertinent drone and aviation matters and demonstrate that knowledge by passing a recurrent aeronautical knowledge test biannually — that is, every two years.
  2. Regular Required Training
    In order to ensure that all HCSO drone pilots maintain a current knowledge of all pertinent drone and aviation matters, each HCSO drone pilot shall participate in regular required training as mandated by the chief pilot or their designee and described in relevant SOPs.
3. Revocation of Pilot Authorization
  1. The chief pilot shall revoke any HCSO employee’s authorization to pilot drones at any time after finding that the employee is not in compliance with the pilot requirements and qualifications set out in this policy or is in violation of any state or federal law related to drone operations.
    Note: A lack of necessary equipment shall not be used as an excuse for failure to maintain compliance with the pilot requirements and qualifications set out in this policy. If equipment is needed, the drone pilot shall contact the Air Operations Section to obtain it.
  2. An employee who has had their authorization revoked in this manner must seek written authorization from the chief pilot to reinstate that authorization.
  3. If the chief pilot provides such written authorization to the employee, that employee shall coordinate with the chief pilot and the Air Operations Section to demonstrate that
    1. They have regained compliance with the pilot requirements and qualifications set out in this policy or remedied any previous violation of any state or federal law related to drone operations and
    2. Demonstrate proficiency in drone operations to the satisfaction of the chief pilot or their designee.
  4. If the employee regains compliance or remedies any previous law violation and demonstrates proficiency as described above, the chief pilot shall notify the employee in writing that their authorization to pilot drones has been reinstated.
4. Disciplinary Action
  HCSO’s safe operation of drones is imperative for the safety and security of the Harris County public as well as the national airspace.
  Accordingly, violations of HCSO policy regarding drone operations may be grounds for disciplinary action, up to and including termination.
  Potential grounds for disciplinary action related to drone operations include but are not limited to:
  1. Deviation from safety or communication procedures,
  2. Failure to maintain active flight status,
  3. Failure to properly care for equipment, and
  4. Any other violation of this policy that may cause risk to the public or any HCSO employee.
Drone-Recorded Data
HCSO employees shall comply with all HCSO policies and relevant laws when utilizing drones to record audio, video, or photographic data as well as disseminating any of that data.
1. Retention Periods
  All drone-recorded data shall be retained in accordance with the Harris County Records Control Schedule.
2. Dissemination
  Drone-recorded shall not be disseminated outside of HCSO unless such dissemination is required by law or authorized by law and in compliance with HCSO policy.
  1. Any outside request for drone-recorded data shall be forwarded to the Legal Services Division immediately for determination on whether to release such data.
  2. Authorized release of drone-recorded data to local news outlets shall be coordinated with the Communications Division.
Drone Deployment Procedures
1. In any operation where HCSO plans to deploy drone mitigation or counter-drone measures, the chief pilot or their designee shall designate an air boss who shall maintain direct communications and visual contact with all teams working on drone mitigation or counter-drone measures.
2. The chief pilot or their designee shall provide the HCSO Emergency Dispatch Center (EDC) a list of HCSO’s authorized drone pilots and VOs and a callout list of drone pilots for after-hours missions.
3. Shift supervisors requesting drone assistance on an emergency basis shall contact EDC to be patched to the drone unit supervisor, their designee, or an on-call drone pilot. The shift supervisor shall provide the following information:
  1. The purpose of the requested drone mission,
  2. The location of the mission and defined incident perimeter of the proposed flight, and
  3. A list of proposed expectations to be obtained from the drone operation.
4. Mutual Aid
  HCSO intends, when operational assets and personnel are available, to authorize mutual aid and support of drone operations in coordination with federal, state, local, tribal, or territorial governments that request it.
5. Multiple Pilots
  When operational assets and personnel allow, at least two pilots should be deployed together so that one is available to take over an observation or search position while the other returns to replace batteries or conduct other necessary drone maintenance.
Reporting
1. Flight Logs
  1. A flight log shall be completed following every drone flight including maintenance checks and training flights. This log shall be completed by the end of the PIC’s shift unless previously authorized by the chief pilot or their designee.
  2. The flight log is typically completed automatically by the DroneSense software, however, it is the PIC’s responsibility to ensure that it is automatically completed or, if it is not, that it is manually entered.
2. State Reporting
  1. Drone operations shall be reported in accordance with section 423.008 of the Government Code, no earlier than January 1 and not later than January 15 of each odd- numbered year and will be for the preceding 24 months. The report will be retained for public viewing and posted to the HCSO website. The report must include the following data for the preceding 24 months:
    1. The number of times a drone was used, organized by date, time, location, types of incidents, and types of justification for use;
    2. The number of criminal investigations aided by the use of a drone and a description of how the drone aided each investigation;
    3. The number of times a drone was used for law enforcement operations other than a criminal investigation, the dates and locations of those operations, and a description of how the drone aided each operation;
    4. The type of information collected on an individual, residence, property, or area that was not the subject of a law enforcement operation and the frequency of the collection of this information; and
    5. The total cost of acquiring, maintaining, repairing, and operating or otherwise using each drone.
  2. In addition, because this policy concerns the potential use of force by drone, it shall be reviewed regularly, updated as necessary, and submitted to the Texas Commission on Law Enforcement (TCOLE) as required under article 2B.0253 of the Code of Criminal Procedure.
Accident Notification and Investigation
1. The PIC shall report to the FAA within 10 days of any operation that results in serious injury, loss of consciousness, or property damage of at least $500 (not including the drone). All in-flight accidents and incidents involving fatalities, injuries, property damage, and lost link will be reported to the chief pilot immediately for appropriate assistance with guidance.
  Note: Where FAA regulations require FAA notification within 24 hours, the same notification and reporting protocols shall be followed as in the 10-day notification process.
2. Any accident or incident that does not require FAA notification shall still be reported to the chief pilot or their designee and recorded in DroneSense.
Required Equipment
1. The PIC is responsible for ensuring that HCSO’s COA and any FAA-issued operational waivers are present and easily accessible during all flight operations.
2. All required equipment shall be determined for each mission by the PIC and the Drone Tactical Unit supervisor.
3. Nighttime operations require additional equipment. These standards will be followed in accordance with FAA rules and regulations.
Equipment Inspection and Maintenance
1. The drone unit supervisor or their designee shall maintain an inventory control log of all equipment assigned to the unit.
2. The drone unit supervisor or their designee shall ensure that all equipment is periodically maintained in compliance with manufacturer specifications.
3. Equipment repairs shall be performed by manufacturer-authorized personnel.
4. Heat-sensitive equipment shall not be stored in vehicles that will be left unattended. Heat-sensitive equipment and parts shall be stored in climate- controlled storage facilities.
5. All drone equipment shall be maintained in accordance with relevant HCSO written directives.
6. All lithium-ion cells and batteries shall be maintained and stored in compliance with their manufacturer’s specifications.
7. At least once per quarter, and at the discretion of the chief pilot, each HCSO drone shall be inspected to ensure it is safe for deployment. The chief pilot shall also conduct a periodic review of each pilot, assessing the pilot’s flying capabilities and ensuring all mandated training has been completed.
  Reference
  FAA Small Unmanned Aircraft Systems, 14 C.F.R. pt. 107
  Tex. Code Crim. Proc. Art. 2B.0253
  Tex. Gov’t Code Ch. 423
  Tex. Pen. Code § 9.54
  Policy 501 — De-Escalation and Response to Resistance
  Revisions
  This policy has been revised on the below listed dates:
  August 27, 2021
  June 1, 2024
  March 27, 2026