' Drone Regulation is Up in the Air | MTTLR

Drone Regulation is Up in the Air

Drones, those unmanned aerial systems that have long been a source of international controversy, have also created interest in the commercial market. Transportation, security, agriculture, and oil and gas exploration are just a few of the sectors that could benefit from drone use. Yet there are valid objections that have stalled the legal use of drones. These worries normally center on the threat of collisions with manned airplanes, and the potential invasion of privacy.

Recently the U.S. National Transportation Safety Board has ruled that drones are “aircraft” under the regulatory scheme of the Federal Aviation Administration (FAA). The FAA has published policy statements banning the commercial use of drones. Officials have approved commercial drone flights on a case-by-case basis, which has led to only a small handful of legal drone operators. The rest of the industry has disregarded the policy statements, treating them as simple recommendations and not legally enforceable regulations. The FAA has issued cease-and-desist letters and in one peculiar circumstance, a $10,000 fine, to these drone operators. Yet such actions have been struck down numerous times by the courts.

This fight between regulator and industry is a common one but particularly potent in the case of drones. Delays by the FAA have led to its demonization by the drone industry, the Association for Unmanned Vehicle Systems International. The president of the association has stated each day lost to delays in integration will lead to $27 million “in lost economic impact.” However, as alarming as this is, it is important to make sure that when sweeping regulation is enacted it puts a premium on safety, while not destroying the industry.

A preliminary article on agency plans show that the FAA plans to group all drones weighing less than 55 pounds under the same rules, with it likely that pilot certifications are to be required. Proposed rules will be issued, followed by a public comment period. Final rules will likely take a year or two to be settled. The FAA is consulting the Pentagon and law-enforcement, and in addition the White House Office of Management and Budget is reviewing the proposal.

This whole process has the chance to end up unsatisfactorily and provoke backlash among drone proponents who can point to other countries’ more lenient laws. Canada plans to issue a blanket approval of all drones weighing less than 4.4 pounds as long as they adhere to specific safety standards including altitude limits and no-fly zones near airports.

Yet some congressmen want stricter legislation citing airlines’ and pilots’ concerns. Senator Dianne Feinstein (D-Calif.), angry at the overall lack of regulation and investigation of incidences of drone activity by the FAA, announced plans in the beginning of December to introduce stronger legislation. The senator points to numerous crashes, violations of restricted airspace and close aerial calls with manned airplanes as reasons for harsher rules. It is uncertain how Senator Feinstein’s suggestions would mesh with the FAA suggestions.

Currently there is a mix of legislation and regulation occurring that will have a major impact on the drone industry. This illicit market has the chance to become an integral part of the American economy if regulators in the FAA and Congress allow it. Yet there are valid concerns about safety and privacy and likely no panacea that will satisfy all parties. Hopefully, by implementing regulation soon the FAA can begin to test out these laws and work towards an appropriate resolution.

 

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Michael Gambach is an editor on the Michigan Telecommunications and Technology Law Review, and a member of the University  Michigan Law School class of 2016.

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