Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of infrastructure development to logistics — deploy UAS to conserve resources, improve safety and expand operations. This week, the National Transportation Safety Board (NTSB) issued a decision that directly speaks to the Federal Aviation Administration’s (FAA) authority to regulate UAS and their operators. The decision provides insight into the regulatory framework currently applicable to UAS and foreshadows a surge of regulations the FAA is expected to promulgate in the coming months. Most importantly, the decision sends the strong message that UAS operators should proceed with caution. It makes clear that an operator’s actions today may entail significant liability even before future regulations issue.

CAN THE FAA CURRENTLY SANCTION A UAS OPERATOR? -

In March 2014 an administrative law judge (ALJ) issued an order vacating a $10,000 civil penalty assessed by the FAA against Raphael Pirker based on his UAS operations. The FAA alleged that Pirker carelessly or recklessly operated a Ritewing Zephyr unmanned aircraft in violation of 14 C.F.R. § 91.13(a), which provides that “[n]o person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.” The ALJ found that Pirker’s unmanned aircraft did not qualify as an “aircraft” subject to FAA regulation under the statute.