The European Union (EU) is on the verge of revising its regulations for unmanned aircraft systems (UAS or “drones”) operations in Europe. The revisions will shift the regulation of UAS away from EU Member States to the European Aviation Safety Agency (EASA), as well as incorporate a risk and performance-based approach for UAS regulation. Continue reading →
The new Federal Aviation Administration’s (FAA) rules (or Part 107) governing the commercial use of small unmanned aircraft systems (also known as drones or sUAS) took effect on August 29, 2016. The utility and energy industries, which are increasingly using sUAS for operations and maintenance, stand to benefit significantly. This summer also saw the enactment of the FAA Extension, Safety and Security Act of 2016 (the “Extension Act”). The new law contains two provisions that may ultimately grant the utility and energy sectors an alternative route to operate drones for their own projects while providing an option to prevent other drone operations near their critical facilities. While these provisions may be beneficial for utilities in the future, the FAA has yet to develop the corresponding policies implementing the provisions. Continue reading →
A federal court upheld the Federal Aviation Administration’s (FAA) subpoenas of a 19-year-old Connecticut drone operator in relation to YouTube videos showing two drones (also known as unmanned aircraft systems or UAS) modified to carry a flamethrower and a handgun. This decision further affirms the FAA’s broad enforcement authority over UAS, but it also highlights the common legal confusion over the precise boundaries of FAA regulation.
After two videos (linked here and here) depicting “weaponized” UAS garnered significant attention on YouTube, the FAA began an investigation into their ownership and development. As part of that investigation, the FAA issued administrative subpoenas to Austin Haughwout and his father Bret Haughwout, asking for depositions, records, video, photographs, and receipts related to the two UAS. The Haughwouts refused to comply with the subpoenas and instead challenged the FAA’s authority to enforce the subpoenas in federal court.
The FAA’s new final rule, which will revolutionize commercial operations of small drones (also known as small Unmanned Aircraft Systems or sUAS), will become effective on Monday, August 29, 2016. The FAA is replacing its previous commercial sUAS regime requiring individual, case-by-case adjudications and establishing a broad authority for pilots to operate within certain parameters.
A key milestone in regulating the commercial use of small unmanned aircraft systems (sUAS), the Federal Aviation Administration’s (FAA) final rule overhauls the current case-by-case exemption regime, establishes an operational framework, and creates a new certification process for commercial sUAS pilots. The new rule creates significant opportunities for a wide range of industries, particularly through its waiver provisions that allow for the approval of commercial sUAS operations outside of Part 107—including nighttime and beyond-visual-line-of-sight (BVLOS) operations. The new rule will take effect in late August. Continue reading →
Today, the FAA unveiled its final rule for the commercial use of small unmanned aircraft systems (sUAS), also known as drones. Industries across the country have been waiting eagerly for the release of the new regulations, which provide a mechanism for commercial operation of sUAS. Previously, commercial operations of UAS were only permitted pursuant to an individual application to the FAA and the case-by-case award of a Section 333 exemption. The rule will take effect in late August and does not apply to model aircraft. Continue reading →
Last month, India’s Directorate General of Civil Aviation (DGCA) published draft guidelines (Guidelines) as a basis for regulating the civil use of Unmanned Aircraft Systems (UAS), more commonly called drones. The proposed regulations state that “operations of civil unmanned aircraft in controlled airspace are restricted,” though this is India’s first step to permit the use of UAS in the national airspace.
On April 19, the United States Senate passed bipartisan legislation that would reauthorize federal funding for the Federal Aviation Administration for the next two fiscal years. The Senate-passed bill, which will not take effect until the House and Senate negotiate a compromised legislation and the President signs the resulting legislation into law, includes a comprehensive regulatory regime for unmanned aircraft systems (UAS).