Congress mandated that drones be integrated into the national airspace by Sept. 30. That date has come and gone, and Amazon still cannot deliver packages to customers by drones nor can Domino’s fly your pizza to your doorstep — absent government authorization, that is. So where does drone law currently stand, and what exactly does it encompass?
Drone defined
The more descriptive and technical term for a drone is an “unmanned aircraft system,” which is “an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.”
The unmanned aircraft is the flying portion of the system, and the unmanned aircraft system includes all of the system components, such as the communication links, navigation equipment, and the control station. Drones are also commonly referred to unmanned aerial vehicles or remotely piloted aircrafts.
Legal uses for drones
An unmanned aircraft is an “aircraft” as defined by the Federal Aviation Administration’s (FAA) authorizing statutes and is subject to regulation by the FAA. If an unmanned aircraft is flown as a hobby or for a recreational purpose, no FAA authorization is required. Unmanned aircrafts that are not hobby or recreational purpose aircrafts may only be operated with FAA authorization, such as the ones Amazon would like to use for deliveries.
The federal government uses unmanned aircrafts for a variety of public functions, including disaster relief and forest fire monitoring. One of the most common public uses of unmanned aircrafts is by the Department of Defense, which has used them in Iraq and Afghanistan for surveillance and weapons delivery. Customs and Borders Protection also uses unmanned aircrafts to patrol along the U.S.-Mexican border. State agencies also can use unmanned aircrafts with FAA authorization. In March, the Michigan State Police obtained FAA approval to use its unmanned aircraft, Aeryon SkyRanger, in law enforcement missions.
Much to the dismay of retailers who have had an eye on drones for delivery purposes, commercial use of unmanned aircrafts is prohibited, absent approval by the FAA. It’s an area of growing attention. As of Sept. 14, the FAA has granted 1,546 petitions for unmanned aircraft use. Recognizing this growing demand to expand the use of unmanned aircrafts into new areas of use, Congress mandated in 2012 that unmanned aircrafts be integrated into the national airspace by 2015.
The Federal Aviation Administration’s Modernization and Reform Act of 2012
The FAA Modernization and Reform Act of 2012 set forth requirements for safely integrating unmanned aircraft systems into the national airspace system by Sept. 30, 2015. However, the FAA has missed that deadline because of unresolved technological, regulatory, and privacy issues.
For example, the “lost link” remains an unresolved safety issue. A “lost link” occurs when the data link between the air traffic control center, unmanned aircraft, satellite, and control station is interrupted. There also are concerns about the lack of adequate tools for managing unmanned aircraft traffic because the FAA’s air traffic control equipment was not developed with unmanned aircrafts in mind.
The states’ efforts to govern drones
In light of it being known news that the FAA was not going to meet the Sept. 30 deadline, many states have enacted their own laws or taken their own initiatives with respect to drones.
In 2013, Idaho became the first state limiting the use of unmanned aircrafts. Idaho law provides that, absent a warrant, and except for emergencies, no person or state agency can use an unmanned aircraft to intentionally conduct surveillance of or gather information about a targeted person or property without written consent. Similarly, Illinois passed the Freedom of Drone Surveillance Act, which prevents law enforcement agencies from using drones to gather information absent enumerated exceptions.
Other states have also limited drone usage. In West Virginia, a person cannot use a drone or other unmanned aircraft to hunt, kill, or take a wild bird or animal. Similarly, Michigan law prohibits hunting or fishing using an unmanned aircraft.
In Tennessee, it is unlawful to use an unmanned aircraft in fireworks displays without the event operator’s consent, and it is unlawful to use an unmanned aircraft over the grounds of a correctional facility. Arkansas prohibits using an unmanned aircraft to commit the offense of voyeurism. And in Texas, it is a misdemeanor to use an unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance on the individual or property.
Although Ohio has not passed specific drone laws, it did create the Ohio Aerospace and Aviation Technology Committee in September 2014 to promote the research and development of unmanned aerial vehicles. This committee reported in July that unmanned aircrafts could produce $91 billion in the United States over the next 10 years and create 100,000 jobs nationwide. This would include an estimated 17,000 jobs in Ohio over the next decade.
To continue research on unmanned aircrafts, the committee also reported that Ohio State University joined a national team designated by the FAA to research integrating unmanned aircrafts into the national airspace.
So where does that leave us? The FAA continues its research and continues to form strategic partnerships in an effort to safely integrate unmanned aircrafts into the airspace pursuant to the Modernization and Reform Act of 2012. Meanwhile, the states will continue to pass their own laws governing how drones can and cannot be lawfully used.