Wed, Feb 15, 2017
There Are Certain Things Local Governments Can And Cannot Do
It seems like every day, we're seeing another story about a state, city or town that is crafting or has passed new regulations related to drones. But such so-called "subdivisions" of government don't have unlimited power. Writing on the blog A Medium Corporation, author Vic Moss has some suggestions about how you can work with those smaller governments to defeat bad drone laws, or at least help them understand their limitations relative to unmanned aircraft.
Moss is quick to point out that he is not an attorney, and has no legal training.
So far, the FAA has taken an unofficial position that it does not get involved in local legislation unless it progresses to a lawsuit.
Moss says that local governments are well within their rights to control where and when UAVs can be flown while the operators "are standing on property directly under their control" such as public buildings and parks.
They can also can make rules concerning privacy and voyeurism ... but need to be cautious to include the correct definition of "expectation of privacy" when citing the National Airspace System in their laws. They can also restrict drone use for hunting and fishing, and attaching weapons to drones.
But state and local governments cannot pass any law that restricts any aspect of the NAS .. and several have attempted to do so. The FAA has released a fact sheet for local and state governments to use as guidance when crafting their laws.
Moss includes several links to resources for drone operators who want to get involved in the political process when it comes to drone regulations. As is always the case, the better prepared you are, the more effective you can be.
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