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Mon, May 18, 2015

Increasing UAV Popularity Raises The Question: Who Owns Your Airspace

At Least 17 States Have Passed Laws Restricting UAV Flights

With more and more people buying UAVs, and more of them being equipped with some kind of camera, communities nationwide are racing to catch up with the technology in terms of laws and regulations for their use ... or to prevent that use.

At least 17 states have passed laws regulating the use of UAVs, and users say that many of them are unnecessarily heavy-handed, according to a report in the Wall Street Journal. Laws came as people flew UAVs, often costing under $100, over homes, populated areas, and crime scenes. And Richard Beary, president of the International Association of Chiefs of Police, says that many departments are not equipped to regulate airspace.

The FAA says it has jurisdiction over airspace all the way to the ground, and that its rules will take precedence over any state or local law or regulation. But while it has been somewhat effective in regulating commercial use of the UAVs, it is largely prohibited from regulating non-commercial uses by a law passed in 2012. Still, that has not stopped some states from passing very restrictive laws about the use of UAVs, and some towns have banned them altogether.

The FAA says that, as long as non-commercial UAVs don't endanger people, they can hover over private property legally. However, the FAA says that local "noise and nuisance" laws could be used to regulate flight in some areas.

Privacy is another issue, and some state laws have banned the capture of still images or video with UAVs on private property without the express consent of the property owner.

FMI: www.faa.gov

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