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It’s a bird. It’s a plane. It’s… a drone?
According to a report issued this week by Juniper Research, Unmanned Aerial Vehicles (a.k.a. UAV’s or Drones) will continue to see exponential growth in sales, regardless of the arising safety and liability concerns.
Agriculture and entertainment sectors will help heighten drone sales for commercial use by 84 percent. These numbers do not include the countless drones being used recreationally by hobbyists and enthusiasts.
With a predicted $481 million-plus in sales for 2016, drones do not seem to be a fad that will go out of style anytime soon. And why should they? They are fun for everyone regardless of age or gender!
Now that the drone era has arrived, regulatory issues are surfacing – with the U.S. Federal Aviation Administration (FAA), Intel and NASA all getting involved.
Even the smoothest drone operator and most strategically programmed UAV’s can encounter an error when in flight. It can crash into people, birds, planes or helicopters and damage property or put people’s safety in danger. Terrorists can add weapons to the aircraft by flying bombs into crowded areas. Drones have already been used to fly contraband like drugs, pornography and cigarettes into prisons. Drones can be fun, but also present many concerning issues.
Amazon and Google have jumped on the drone craze and plan to offer product delivery to consumers via drones in the future. Amazon claims it can safely deliver packages to customers with drones, and Google plans to begin delivering via drones in 2017.
Drones are also increasingly being used in the agriculture sector for crop scouting/surveying and analyzing soils, tillage, draining, growth and machinery performance. UAV’s are also increasingly used for videography, photography and mapping.
The FAA is working with industry associations to promote the safe and responsible use of Unmanned Aircraft Systems (UAS), pushing the Know Before You Fly educational campaign.
There are three types of regulatory categories one might fall under – Public Operations (Governmental), Civil Operations (Non-Governmental) and Model Aircraft Operations (Hobby or Recreation Only)
(Courtesy of Know Before You Fly)
Only government entities—such as federal and state government agencies, law enforcement agencies and public colleges and universities—can receive a COA for Public UAS aircraft operations.
Public aircraft operations must be conducted for a governmental function.
The FAA thoroughly evaluates each COA application to determine the safety of the proposal.
COAs are issued for a specific period of time, usually two years, and include special provisions unique to each proposal, such as a defined block of airspace and times of day that UAS can be used.
(Courtesy of Know Before You Fly)
Commercial use includes
o Selling photos or videos taken from a UAS
o Using UAS to provide contract services, such as industrial equipment or factory
o Inspection
o Using UAS to provide professional services, such as security or telecommunications
Examples include:
o Professional real estate or wedding photography,
o Professional cinema photography for a film or television production,
o Providing contract services for mapping or land surveys
(Courtesy of Know Before You Fly)
Under the Special Rule for Model Aircraft, recreational UAS must be operated in accordance with several requirements, including a community-based set of safety guidelines and within the programming of a nationwide community-based organization such as the Academy of Model Aeronautics (AMA). Operators not operating within the safety program of a community-based organization should follow the FAA’s guidance here.
o All owners of small unmanned aircraft, or drones, weighing between 0.55 and 55 pounds must register online before taking to the skies.
The recreational use of UAS is the operation of an unmanned aircraft for personal interests and enjoyment.
o Follow community-based safety guidelines, as developed by organizations such as the Academy of Model Aeronautics (AMA).
o Fly no higher than 400 feet and remain below any surrounding obstacles when possible.
o Keep your UAS in eyesight at all times, and use an observer to assist if needed.
o Remain well clear of and do not interfere with manned aircraft operations, and you must see and avoid other aircraft and obstacles at all times.
o Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property.
o Contact the airport or control tower before flying within five miles of an airport.
o Fly no closer than two nautical miles from a heliport with a published instrument flight procedure.
o Do not fly in adverse weather conditions such as in high winds or reduced visibility.
o Do not fly under the influence of alcohol or drugs.
o Ensure the operating environment is safe and that the operator is competent and proficient in the operation of the UAS.
o Do not fly near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, etc.
o Check and follow all local laws and ordinances before flying over private property.
o Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual’s permission (see AMA’s privacy policy).
Google, Amazon, NASA, the FAA and industry associations are working together to come up with regulations for commercial drones called the Unmanned Aircraft System Traffic Management (UTM) project. This project wants to set a secure airspace between 200 and 500 feet that would allow for commercial drone usage. They also are trying to develop a system that would allow for managing that traffic.
Although the FAA’s NPRM did not mention insurance requirements, any commercial UAV operator should assume that their customers and partners will at some point require them to certify that they are insured. It is advised that professional drone operators purchase insurance for legal liability and to protect their assets.
Future of Drones is Unclear, so protect yourself and your assets while the industry figures it out.
Whether using a drone for government, business or personal use, the UAS industry will continue to evolve. As the market, technology and airspace undergoes trial and error, it is important for UAS operators to review all the safety and existing regulatory guidelines. Make sure the product is registered. Operate with safety and caution. Insure your UAS to protect your assets and others.
If you are facing consumer protection issues regarding UAV’s (either as a UAV/drone operator, or someone who has encountered damages because of a UAV/drone), please contact us for more information to discuss.
***Disclaimer – This is in no way to be considered legal advice. An attorney client relationship does not exist from your reading of this blog or your following any of the suggested courses of action above.
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