Consent Judgment Entered Against Philadelphia Drone Flyer for Violations of FAA Regulations

05th February 2025

Consent Judgment Entered Against Philadelphia Drone Flyer for Violations of FAA Regulations

By Richard Ryan, Drone Lawyer (UK)

In a noteworthy development across the pond (thanks to sUAS News for the notification!), the United States District Court for the Eastern District of Pennsylvania has entered a consent judgment against a Philadelphia resident, Mr Michael DiCiurcio, for multiple breaches of Federal Aviation Administration (“FAA”) regulations and safety guidelines. Although this case has arisen under US law, it is a useful reminder for drone operators in the UK of the absolute necessity to adhere strictly to local regulations—particularly when flying in congested or controlled airspace.

Background of the Case
According to the complaint, the United States alleges that Mr DiCiurcio operated small unmanned aircraft systems (“sUAS”), commonly referred to as drones, illegally and unsafely in the Philadelphia area from December 2019 onwards. Notable alleged violations include:
1. Night-time flights without proper authorisation.
2. Flying in close proximity to landmark buildings, including the William Penn Statue, the PSFS Building, and Liberty One Building—once nearly striking a church steeple.
3. Operating in controlled airspace near Philadelphia airport without permission, and over people and cars.
4. Losing control of a drone, causing it to fly uncontrolled over Philadelphia.
The FAA had previously issued written warnings to Mr DiCiurcio, offering counselling and education regarding sUAS regulations. Despite these efforts, the government contends that Mr DiCiurcio continued to fly drones in a manner deemed careless, reckless, and endangering public safety.

Terms of the Consent Judgment
On 23 January 2025, before Magistrate Judge Jose Arteaga, Mr DiCiurcio agreed to a consent judgment that includes several key terms:
1. Admissions of Liability
o Mr DiCiurcio admits that the allegations in the Verified Complaint are both true and accurate, and that they constitute violations of FAA regulations.
2. Permanent Ban on Drone Operations
o Mr DiCiurcio agrees never to operate any sUAS in the United States in any capacity, nor to seek any form of certification or licence to do so.
3. Removal of Online Content
o Mr DiCiurcio must take down his “Philly Drone Life” YouTube channel and is prohibited from reviving its content in any form.
4. Abandonment of Equipment
o He relinquishes ownership of the sUAS and related items previously surrendered to the FAA.
Chief Judge Mitchell S. Goldberg signed the consent judgment on 29 January 2025.

Enforcement and Commentary
FAA Deputy Administrator Katie Thomson emphasised that while the agency strives to educate drone operators, it will not hesitate to take stringent enforcement action when individuals “deliberately flout the rules.”
U.S. Attorney for the Eastern District of Pennsylvania, Jacqueline C. Romero, reiterated that failing to observe sUAS regulations endangers people and property. The authorities involved have made it clear that they intend to take firm action against drone operators who disregard safety protocols and regulatory requirements.
It is important to note that, as is typical in a civil proceeding, all allegations remain just that—allegations—until liability is formally established. In this instance, Mr DiCiurcio has effectively acknowledged those allegations by agreeing to the judgment.

Lessons for UK Drone Operators
Although this case unfolded in the United States, the lessons are equally pertinent for drone enthusiasts and professional operators here in the UK:
1. Know Your Regulations
o In the UK, drone operations are governed by the Civil Aviation Authority (CAA). There are specific requirements based on the weight category of your drone and the environment in which you intend to fly (e.g., near airports, above crowds). Understanding these regulations is paramount.
2. Obtain the Necessary Permissions
o Just as the FAA requires authorisations for certain flights, UK law may also demand operational authorisations for flights in congested areas or controlled airspace. Always seek the appropriate permission before taking off.
3. Heed Warnings and Guidance
o If you ever receive a caution or formal notice from a regulatory body, treat it seriously. As illustrated by this case, repeated violations—particularly after being warned—can escalate into severe legal consequences.
4. Operate Safely and Responsibly
o Safety should always be at the forefront of every flight. This includes maintaining control of your sUAS, respecting no-fly zones, and refraining from operating drones while distracted or in hazardous conditions.

Conclusion
The consent judgment against Mr DiCiurcio underscores the serious consequences drone operators may face if they wilfully violate aviation regulations. For those of us practising and flying drones in the UK, it serves as a timely reminder to remain vigilant, operate responsibly, and stay fully abreast of ever-evolving drone laws.
While national regulations may differ, the underlying principle is universal: drones must be flown safely, ethically, and in compliance with applicable rules. Failing to do so jeopardises both the public and the future of drone innovation.

About the Author
Richard Ryan is a UK-based Direct Access Barrister specialising in drone and aviation law, advising on regulatory compliance, operational approvals, and dispute resolution. With extensive experience navigating the complexities of both UK Civil Aviation Authority (CAA) regulations and international drone frameworks, Richard assists private clients, commercial operators, and industry stakeholders alike. Passionate about emerging technologies, Richard frequently speaks and writes on the legal aspects of unmanned aerial vehicle (UAV) operations, promoting safe, responsible, and innovative drone use. When he’s not in chambers, Richard is deeply engaged in exploring the latest developments in drone technology and advocating for robust regulatory standards that balance innovation with public safety.

Disclaimer: This blog is for general information only and does not constitute legal advice. If you have specific questions about drone operations and regulatory compliance in the UK, please consult a qualified drone lawyer at Blakiston’s Chambers.