On December 17, 2015, the Federal Aviation Administration (FAA) released a fact sheet for state and local governments concerning their ability to regulate UAVs. It presented some general principles of federal law on aviation safety and how they might apply to state and local UAV legislation. In other words, the federal government is politely starting to assert its authority with regards to regulating the national airspace.
If you follow AISC social media, then you’ve probably seen many of my posts on this very issue, because I see it as a major obstacle to commercialization of unmanned aircraft. I, and evidently many others, have asked the FAA to put the brakes on state and local regulation before we get a patchwork of (questionable) laws governing UAV use that would undermine the FAA’s ability to control the airspace and make operation a nightmare for anyone moving between jurisdictions. Sure, I expect state and local government to enact some laws governing UAV use, but what concerned me was their over reach with regard to air rules. For example, one local law I recently came across prevented flight of UAVs within a certain distance from roads. Another local law prescribed altitude limits. These operational restrictions clearly challenge the FAA’s authority over airspace.
Here are some highlights from the fact sheet:
“Substantial air safety issues are raised when state or local governments attempt to regulate the operation or flight of aircraft. If one or two municipalities enacted ordinances regulating UAS in the navigable airspace and a significant number of municipalities followed suit, fractionalized control of the navigable airspace could result.”
“Because Federal registration is the exclusive means for registering UAS for purposes of operating an aircraft in navigable airspace, no state or local government may impose an additional registration requirement on the operation of UAS in navigable airspace without first obtaining FAA approval.”
EXAMPLES OF STATE AND LOCAL LAWS FOR WHICH CONSULTATION WITH THE FAA IS RECOMMENDED —
“Operational UAS restrictions on flight altitude, flight paths; operational bans; any regulation of the navigable airspace. For example – a city ordinance banning anyone from operating UAS within the city limits, within the airspace of the city, or within certain distances of landmarks. Federal courts strictly scrutinize state and local regulation of overflight.”
“Mandating equipment or training for UAS related to aviation safety such as geo-fencing would likely be preempted. Courts have found that state regulation pertaining to mandatory training and equipment requirements related to aviation safety is not consistent with the federal regulatory framework.”
EXAMPLES OF STATE AND LOCAL LAWS WITHIN STATE AND LOCAL GOVERNMENT POLICE POWER —
“Laws traditionally related to state and local police power – including land use, zoning, privacy, trespass, and law enforcement operations – generally are not subject to federal regulation.”
“Specifying that UAS may not be used for voyeurism.”
“Prohibitions on using UAS for hunting or fishing, or to interfere with or harass an individual who is hunting or fishing.”
“Prohibitions on attaching firearms or similar weapons to UAS.”
Here’s the fact sheet.
The issue of state and local UAV regulation remains an uphill battle, but the FAA’s action was a step forward. If UAV regulation becomes an issue in your community, please take the time to share this information with local media, your neighbors, and officials. It’s going to be much easier helping shape good laws from the beginning then trying to fight bad laws after they have been enacted.
Have a good flight.