Municipal Regulation and Use of Drones: FAA Rules, State Laws, and Preemption Issues

Description

The use of drones and other UAVs for commercial and recreational purposes continues to increase at a rapid pace. Drones have a variety of applications, from disaster site inspection to film production, to Amazon's desire to use drones to deliver packages.

As drone activity increases, some law firms are launching drone practices to advise clients on a host of issues, including technology, insurance, privacy, product liability, and regulatory compliance. Drone legislation and regulation has been considered and for the most part implemented in nearly every state and major metropolitan area.

UAVs present challenges and opportunities for municipalities. UAVs have multiple potential municipal uses, including surveillance, emergency response, traffic enforcement, and property inspection. Cities also have an interest in regulating drones to protect the privacy and safety of residents.

Regulation of UAVs falls under the authority of the FAA, which regulates U.S. airspace. The FAA recently proposed long-awaited rules that require registration of drones, restrict their size, and limit how high and fast they can fly, making it easier to become a commercial drone operator.

The FAA estimates this rule will result in 600,000 unmanned aircraft being used commercially in the first year. However, the new rule recognizes the authority of states and municipalities to regulate other aspects of drone operation.

Listen as our authoritative panel discusses issues facing municipalities in light of the increased use of UAVs. The panel will outline long-standing and new FAA regulations and rules regarding drones, general preemption issues local governments must navigate, the use of drones by local governments, and local regulation of drones to further safety, privacy, or proprietary interests.