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.