Outlines Areas In Which State And Local Governments May Have Precedence Over Federal Law

The FAA has issued a new fact sheet on state and local regulation of unmanned aircraft systems (UAS) which provides information for states and municipalities considering laws or regulations addressing UAS use. The document outlines FAA's safety reasons for federal oversight of aviation and airspace, and explains federal responsibility in this area.

The fact sheet provides examples of state and local laws affecting UAS for which consultation with the FAA is recommended, such as restrictions on flight altitude or flight paths, regulation of the navigable airspace, and mandating UAS-specific equipment or training.
 
The fact sheet also gives examples of UAS laws likely to fall within state and local government authority, such as requirements for police to obtain a warrant prior to using UAS for surveillance; prohibitions on the use of UAS for voyeurism; exclusions on using UAS for hunting or fishing, or harassing individuals engaged in those activities; and prohibitions on attaching firearms or other weapons to a UAS.

"A consistent regulatory system for aircraft and use of airspace has the broader effect of ensuring the highest level of safety for all aviation operations," the agency said in the document. "To ensure the maintenance of a safe and sound air transportation system and of navigable airspace free from inconsistent restrictions, FAA has regulatory authority over matters pertaining to aviation safety."

“We welcome this document, and strongly agree with its conclusion that the FAA is the only federal agency with the authority to regulate airspace in the NAS,” said Bob Lamond, NBAA director, air traffic services & infrastructure. “We urge local government authorities to understand their limits regarding control over UAS in the airspace above their surface jurisdiction.”

The FAA’s fact sheet states: “Congress has vested the FAA with authority to regulate the areas of airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise at its source.” The memo comes amid reports of hazardous use of UAS by individuals who either are unaware of, or are disregarding, UAS-operating requirements.

NBAA has long maintained that it is imperative that any introduction plan for UAS be focused on safety. This means UAS should not share the same airspace with manned aircraft until they have equivalent certification and airworthiness standards as manned aircraft, including the ability to take timely directions from air traffic control, and to sense and avoid manned aircraft and other UAS.

(Source: FAA, NBAA news releases. Image from file)

FMI: Fact Sheet