Mon, Nov 06, 2017
Jonathan Rupprecht Says Patchwork Of Regulations Is 'Dangerous' For The Industry
The Department of Transportation on Thursday announced the start of the Trump Administration's Drone Integration Pilot Program that will allow state, local, and tribal governments to partner with private sector entities, such as UAS operators or manufacturers, to accelerate safe UAS integration. Entities that wish to participate in the program form teams and submit proposals to the FAA to fly more advanced UAS operations, such as beyond visual line-of-sight or over people.
The Program is expected to provide immediate opportunities for new and expanded commercial UAS operations, foster a meaningful dialogue on the balance between local and national interests related to UAS integration, and provide actionable information to the Department of Transportation (DOT) on expanded and universal integration of UAS into the National Airspace System (NAS).
Noted drone attorney Jonathan Rupprecht says that the program opens a dangerous Pandora's box by inviting the state, local, and tribal governments to propose reasonable restrictions on drones.
Rupprecht says that the danger is that currently, drone pilots have a statutorily granted federal right to fly in navigable airspace and only the FEDERAL government has exclusive control of national airspace. See 49 USC 40103. Furthermore, federal courts have held that aviation is a field-preempted area and have previously struck down as unconstitutional non-federal laws regulating aircraft. He cites U.S. Supreme Court City of Burbank v. Lockheed Terminal, and Singer v. City of Newton cases.
"While I applaud President Trump's plan to integrate drones, unfortunately, it invites restrictions from non-federal governments to be placed on drones," Rupprecht said in an email to Aero-News. "Federal law places the regulations of airspace exclusively in the Federal Government's authority and the same section of the federal law gives U.S. citizens a public right of transit through the navigable airspace. This pilot program creates a dangerous precedent and emboldens other non-federal governments to create drone laws which typically result in hurting businesses that want to follow the law. Currently, aviation typically has to comply with only the federal law for operations. If states, counties, and local governments are allowed to get involved, you have a potential for death by a thousand regulatory papercuts."
(Source: Rupprecht email. Image from file)
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