The New World of Drone Law

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Part 107 of the FAA Modernization and Reform Act of 2012 (FMRA) became effective August 29, 2016.  Part 107 integrates commercial use of drones, known as Unmanned Aerial Systems (“UAS”), into the National Airspace System.  A report released by The Association for Unmanned Vehicle Systems International estimates that in the first decade following the effective date of Part 107, the expansion of UAS technology will create more than 100,000 jobs and have an economic impact of around $82 billion over the next several years. Part 107 represents a balance between safety concerns of the FAA and airspace freedom for commercial activity in the commercial done world.  Part 107 has strict guidelines for pilot certification and rules governing the use of drones, including:

  • The UAS must weigh less than 55 pounds (including payload).
  • Maximum allowable altitude is 400 feet above ground level, or 400 feet above a structure.
  • Maximum speed is 100 mph.
  • The operator must keep UAS within visual line of sight (VLOS). Must have a visual observer always keep your aircraft within unaided sight (for example, no binoculars).
  • Neither operator nor visual observer can be responsible for more than one unmanned aircraft operation at a time.
  • Flying only allowable during daylight hours.

Commercial UAS activity has gained significant momentum in recent years, and with the advent of Part 107, is expected to increase exponentially for seemingly endless commercial uses, including real estate asset inspections, photography and videography of utility infrastructure, inspections for wind turbines and cell towers, pipeline inspection and patrolling, cinematography, precision agriculture, wildlife and forestry monitoring, live feed and live newsgathering and thousands more.

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. Attorney Advertising.

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