Drones - Technology Poised to Lift Business Operations

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Slowly but surely, a new commercial horizon is opening up as the skies above us prepare to get much more crowded. Unmanned aircraft systems, colloquially known as drones, are increasing their prominence in domestic airspace as hobbyists dabble, researchers collect data, local governments explore the possibilities, and commercial operators take to the skies for everything from photography to delivery services.

At the center of this explosive growth is the Federal Aviation Administration, which regulates all commercial uses of drones, and which released proposed regulations that may curtail some imagined uses of this emerging technology.

Released in February 2015 and likely to be finalized sometime this year, the FAA’s proposed rules, which apply to drones weighing 55 pounds or less, would drastically simplify the process of obtaining clearance to use a drone for commercial purposes. Operators would be required to pass a written proficiency test and register the drones, but would not have to obtain a regular pilot license or be required to demonstrate flying skills.

The proposed rules still carry significant limitations, however. Operators would be allowed to fly drones only during daylight hours, at speeds of no greater than 100 mph and below an altitude of 500 feet. The drones also would be required to remain within eyesight of the operator or observers posted on the ground, and would be prohibited from flying over bystanders not directly involved in their operation.

These proposed rules would thus preclude many theoretical uses of drones – like deliveries of Amazon goods or pizza – yet would still widely expand the current market for legal use of commercial drones.

The rules would leave room for many drone uses already envisioned or even put into action, including real estate photography, surveying of property, agricultural testing and observation, and even assisting with lifeguard duties at the beach.

The rules will face the same enforcement issues that previously plagued the FAA, however. Most drones are too small to appear on radar, making tracking them difficult. Additionally, even when they are spotted flouting FAA rules, it is difficult to chase them down, much less to track them back to their pilot. The FAA has already made inroads into the latter problem, introducing a drone registration system that will cover commercial and hobbyist uses of the drones and, if complied with, would make tracking a drone back to its pilot as simple as running a license plate.

While the rules would drastically expand the current commercial drone market, they would take only small steps forward toward a future that fully utilizes the commercial possibilities of this technology. Amazon and other delivery services have been experimenting with drone delivery abroad for years, for example, but the FAA’s rules would keep that in the realm of science fiction in domestic airspace for the time being.

The process of finalizing a rulemaking is also a complex one, frequently ill-suited to dealing with rapidly advancing technology. By the time the FAA finalizes its commercial drone regulations, the technology surrounding drones will have far surpassed what those regulations consider, making the proposed rulemaking safety provisions antiquated before they are even formally in place.

In addition to the FAA’s rules, businesses should keep an eye out for state and local regulations that may affect the ways they can use drones. For example, a recent bill at the state level changed the definition of a “physical invasion of privacy” to include sending a drone into the airspace above someone’s land to make a recording or take a photo. While aimed at stopping paparazzi, the law may also have an impact on how drones can be used for aerial photography in a residential context. Local regulations, including an all-out ban introduced in Poway, Calif., may also affect the ways drones can be used in your community.

It is hard to say how long it will take drones to be fully integrated into domestic airspace, nor how many new and innovative uses for the technology will be discovered on the way to integration. What is clear is that drones are coming to a business near you, and may change the way we view many industries as much as they will change our views of the sky itself.

* This article first appeared in The Press-Enterprise on March 20, 2016. Republished with permission.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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