The FAA Issues New Rules About Commercial Drone Usage

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The FAA Issues New Rules About Commercial Drone Usage

There have been a lot of opinions going around over how/when/where commercial drones should be used. Some say there should be regulations in place to prevent drones from flying over private property without permission, others claim the right to the sky shouldn’t be inhibited by what’s below. Drones for personal and commercial use are a relatively new phenomena, and there has been no federal law that governs drones and addresses privacy concerns, until now.

Last week, the U.S. Federal Aviation Administration (FAA) released a list of rules for commercial drone usage that should begin to help us all gain a better understanding of where the future of drone usage is heading.

The recent rules laid out by the FAA are specific to unmanned aircraft weighing less than 55 pounds and flying no more than 400 feet above ground. Their main stipulation is that they require drones to remain within the visual line of sight of the pilot. Remote pilots are required to hold a remote pilot airman certificate.

There are currently at least 46 bills and regulations in different states governing drones from the state level. Some regulate data collection and use, others are aimed at preventing any interference in legal hunting/fishing, and many focus on the issue of voyeurism, especially is areas popular to celebrities and public figures. The introduction of federal laws will preempt (i.e. invalidate) state and local laws.

The National Telecommunications and Information Administration (NTIA) has issued General Best Practice Guidelines which are meant to address privacy protection issues from a national level (they essentially tell drone operators to give notice before flying, to secure data that is collected and not to share it, and to comply with state and local laws); however, they are currently voluntary guidelines.

There are no protections in place that would allow a homeowner to claim property right to the aerospace surrounding their property, since the FAA technically owns the aerospace. However, property owners can file complaints should a drone owner be violating local laws in place such as causing a nuisance or flying recklessly. The only case where a property owner can claim trespassing is if the drone lands or takes off on the property without permission.

Two issues not addressed in the new laws are insurance and drones for delivery. Currently, commercial drones are not required to have insurance (an issue many would have liked to seen addressed.) While the new rules mandate that drones stay within the visual line of sight, it is only for drones flying 400 ft and below. This leaves the aerospace between 400 and 500 ft wide open and just happens to be the proposed air route for package delivery being eyed by Amazon.

Local laws vary greatly from area to area and state to state, so make sure you’re checking in with your local government to ensure you’re flying your own drones lawfully, and so you know your rights should a neighboring drone owner overstep their bounds.

 

Can we keep drones off private property?

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Can we keep drones off private property- by Michael Zaporzan

According to the Federal Aviation Administration, drone sales are expected to increase from 2.5 million this year to a whopping 7 million by the year 2020. Although these sales may be fantastic news for drone makers, it also means there will soon be a need to create laws regarding drones flying over people’s private property. Should it be legal for drones to fly over your property without your consent? Should they have a certain distance limit from which they cannot fly close to people’s homes? Would there be a difference in privileges between commercial drones and drones used for casual purposes? Who should make these decisions: individual landowners or organizations like the Federal Aviation Administration? As usual, these kind of legalities have resulted in different camps of thought.

There are those like University of Miami law professor A. Michael Froomkin who believe people’s privacy is in fact at risk due to drones. According to Froomkin, drones shouldn’t be given the legal right to fly over private property without first acquiring each of the landowner’s consent. Because drones can film, record sounds, and listen in on Wi-Fi and other signals, flying them over private property is a clear violation of the Fourth Amendment rights regarding privacy and safety. He explains that just as homeowners have a horizontal curtilage, where property rights include grounds and buildings in the immediate vicinity of the homeowner’s land, property owners should also have a vertical curtilage. Nowadays, according to the FAA navigable airspace usually ends at 500 feet of the private property. According to Froomkin, the same should be applied to drones.

Then there are those like University of Washington assistant professor of law Ryan Calo who believe that decisions regarding where and when drones can fly should be made collectively, not by individual landowners. According to Calo, drones are the next frontier of aviation and, just like airplanes, should answer to the FAA’s navigable airspace regulations, not to property owners. Unlike Froomkin, Calo sees drones as an essential commercial tool. Companies, like Amazon, plan to use them and revolutionize the way they deliver their products. Journalists want to use them to cover breaking news faster. The health industry wants to use them to deliver emergency medication or even organs for transplant surgeries quicker. The possibilities are endless, hence placing regulations at the disposal of individuals’ hands could truly hinder the drones’ potential. Calo goes even further, explaining that attempting to get approval from each property owner to obtain a permit would be inefficient to the point of being impossible. Even apps like AirMap simply don’t have enough time or resources to fully complete such endeavors.

The drone verdict is still out, but suffice to say that government and industry leaders are already being faced with the legal implications of these decisions, and a crowded drone airspace is just around the corner. Considering that companies like Amazon and Google are already meeting with National Aeronautics and Space Administration to design an air-traffic-control system for drones, it seems like Calo may win this argument, after all.

FAA Releases Annual Aerospace Forecast

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FAA Releases Annual Aerospace Forecast by Michael Zaporzan

The Federal Aviation Administration (FAA) has released its annual Aerospace Forecast Report for the Fiscal Years 2016 to 2036. The report looks at all facets of air travel including commercial airlines, air cargo, private general aviation, and fleet sizes. Here are some of the key findings of the report.

Notable Shift Towards Sustainability

2015 market the fifth consecutive year of profitability for the industry, a departure from the typical boom-to-bust cycles we have seen since its deregulation in 1978. This shift towards slow, sustainable growth has been attributed to a number of changes that took place in light of the Great Recession of 2007-09.

Air carriers have focused heavily on minimizing losses by lowering operating costs. This has been achieved by eliminating unprofitable routes and grounding older, less fuel efficient aircraft. In order to increase operating revenues, carriers have developed new services and started charging separately for services that were once included in the price of a ticket. The past 5 years have also marked an unprecedented period of consolidation with four major mergers taking place.

Because of this perceived shift towards lower losses and sustainable growth, the FAA is quite optimistic that the industry can continue this upward trend.

Growth in Line With Economic Recovery

The world is still in the process of recovering from the most serious economic downturn since World War II, and expansion has been slow, but steady. Growth in aviation will mirror this trend, as demand for aviation is highly driven by an economy in which people have the capital for such expenses. Thanks to stable demand and lower energy prices, U.S. airlines saw record profits this past year.

The FAA is forecasting that U.S. carrier passenger growth will average 2.1 percent per year over the next 20 years, which is a slightly faster rate than was cited in last year’s forecast. System traffic in revenue passenger miles (RPMs) is projected to increase by 2.6 percent a year during the same period. Domestic RPMs are forecast to grow 2.1 percent a year while International RPMs are forecast to grow almost twice as fast at 3.5 percent a year. Furthermore, as demand increases, the number of seats per aircraft is expected to grow to, with the number of 50 seat regional jets to fall to just a handful by 2023, replaced by 70-90 seat aircraft.

Use of Unmanned Aircraft Systems (UAS) Expected to Skyrocket

Unmanned Aircraft Systems, also known as drones, are expected to grow drastically. The FAA forecasts that small, hobbyist UAS purchases will grow from 1.9 million in 2016 to as many as 4.3 million by 2020, while commercial sales are expected to grow from 600,000 in 2016 to 2.7 million by 2020. Combined total hobbyist and commercial UAS sales are expected to rise from 2.5 million in 2016 to 7 million in 2020.

Final Thoughts

The cost of oil and potential savings brought about by fuel efficiency advancements will also play a huge role in the profitability of the industry. As the world in general begins moving more towards sustainable energy sources and practices, there is the potential to achieve savings in the billions in airline operational costs, which would only propel growth further.

Overall the report gives an incredibly positive outlook for aviation in the next 20 years. What else do you think could influence the industry that may not have been mentioned in the report?

To view the report in it’s entirely, please click here.