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Fri, Sep 22, 2017

Drone User Successfully Challenges Newton, MA Ordinance

Judge Ruled FAA, Not City Has Authority To Control Drone Operations

In a rush to try to control something they likely don't understand very well, the city of Newton, MA passed a law last December that banned drone flights below 400 feet over private and public property without the consent of the land owner, and required the local registration of drones. But the law has been overturned by a federal judge in Massachusetts, thanks to the efforts of a local drone user.

Forbes contributor John Goglia writes that the challenge was brought by Michael Singer, a physician and inventor living in Newton. Singer is also an FAA certified drone pilot who owns several of the aircraft.

Singer challenged four sections of the local ordinance, representing himself in federal court. He said that the City's ordinance was moot because "it attempts to regulate an almost exclusively federal area of law."

Federal district judge William G. Young said Singer was right. In his decision, Young wrote "Congress has given the FAA the responsibility of regulating the use of airspace for aircraft navigation and to protect individuals and property on the ground and has specifically directed the FAA to integrate drones into the national airspace."

The decision will not have any impact on any law other than Newton's. But Goglia writes that many cities have been waiting for the outcome of this case before going forward with their own local laws. It may be an early step towards eliminating the patchwork of local laws that has been viewed as an impediment to the growth of the industry.

(Image from file)

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