Drones have become an essential tool in various industries, including commercial photography, surveying, and inspection. However, as their usage continues to increase, concerns about safety, privacy, and nuisance have prompted state lawmakers to address the regulation of drones in their communities. In a recent video presentation, Russ at 51Drones discussed the potential issue of local and state agencies overreaching their authority in regulating the airspace where drones are allowed to take-off, land, and fly. The discussion aims to raise awareness about the need for clarity and consistency in the rules governing drone operations, to ensure the safe and responsible use of these unmanned aerial vehicles.

This article will delve into the recent trend of state lawmakers outlawing drones and provide valuable information to state and local agencies and lawmakers on how to approach the regulation of drones in their communities. We will explore the various factors driving the majority of state and local drone legislation, including privacy, safety, and nuisance concerns. Whether you are a drone pilot, a business owner utilizing drones for commercial purposes, or a concerned citizen, this article will provide essential insights on how to navigate the complex and evolving regulatory landscape of drones.

Drones and Lawmaker Concerns

Drones, or uncrewed aircraft systems (UAS), are increasingly becoming a popular tool for commercial and recreational activities. However, state lawmakers are becoming increasingly concerned about the use of drones, particularly with regards to privacy issues. If you’re a state lawmaker considering outlawing drones, then you need to consider the following.

Firstly, it’s important to understand that federal law preempts state and local laws in matters concerning the national airspace system. The Federal Aviation Administration (FAA) regulates UASs, and any state regulation limiting the flight of UASs would be in direct violation of federal law. In addition, any attempt to regulate the usage of UASs would be a direct violation of federal law.

Therefore, state lawmakers must be careful when drafting drone regulations. Any laws that restrict the flight of UASs, whether for commercial or recreational purposes, would be in violation of federal law. State lawmakers must work with the FAA to ensure that their proposed legislation does not interfere with federal aviation safety regulations.

Drone Flight and Privacy Concerns

One of the biggest concerns with drones is privacy. Most drones are equipped with cameras, and the general public is concerned about their personal privacy. Lawmakers need to consider the privacy concerns of their constituents when drafting drone regulations. It’s important to note that while there are some safety concerns with drones, the majority of drone regulations are driven by privacy issues.

It’s also important to note that the FAA defines a drone as an aircraft, even though there is no human on board. This means that when a drone is in flight, it is under the jurisdiction of the federal government, and any attempt to regulate the usage of that aircraft would be a direct violation of federal law.

So what can state lawmakers do? Firstly, they need to work with the FAA to ensure that their proposed legislation is in line with federal aviation safety regulations. Secondly, they need to consider the privacy concerns of their constituents. If lawmakers are concerned about the use of drones for commercial purposes, they can require commercial drone pilots to be FAA certified.

Finally, it’s important to note that there are already federal laws in place regulating the use of drones. The FAA has issued guidelines for recreational and commercial drone use, and these guidelines are binding. State lawmakers need to be aware of these guidelines and ensure that their proposed legislation is in line with them.

In Conclusion

State lawmakers need to be careful when drafting drone regulations. Any laws that restrict the flight of UASs, whether for commercial or recreational purposes, would be in violation of federal law. Lawmakers need to work with the FAA to ensure that their proposed legislation is in line with federal aviation safety regulations. Additionally, they need to consider the privacy concerns of their constituents. With careful consideration and cooperation with the FAA, state lawmakers can draft effective drone regulations that address the concerns of their constituents while ensuring compliance with federal law.

The Takeaway

As drones become more popular in different industries, there are growing concerns about safety, privacy, and disturbance. To address these concerns, state lawmakers are starting to regulate the use of drones in their communities. However, they must be careful not to break federal law, as the Federal Aviation Administration (FAA) is in charge of regulating drones.

Any state law that limits drone flight would go against federal law. So, it’s important for lawmakers to collaborate with the FAA to ensure that their proposed drone regulations are in line with federal aviation safety rules while taking privacy concerns into account.

By working with the FAA, lawmakers can create effective drone regulations that meet the needs of their constituents while respecting federal laws.

Be smart, safe, and forever fly!

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Written by: Tony Marino, MBA – FAA Certified Part 107 Commercial Drone Pilot and Chief Business Strategist at Aerial Northwest

Frequently Asked Questions

References

DroneXL. (2023, April 12). State lawmakers outlawing drones?!?! [Blog post]. Retrieved from https://dronexl.co/2023/04/12/state-lawmakers-outlawing-drones/

FAA. (n.d.). FAADroneZone. Welcome to the FAADroneZone. Retrieved from https://faadronezone-access.faa.gov/#/

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