Drones

• Published in: The Urban lawyer Vol. 49; no. 4; pp. 667 - 686
• Main Author: Kellington, Wendie L.
• Format: Journal Article
• Language: English
• Published: Chicago American Bar Association 22.09.2017
• Subjects: Aircraft accidents & safety; Airspace (Law); Aviation; Drones; Federal regulation; Laws, regulations and rules; Privacy; Unmanned aerial vehicles; United States > US
• ISSN: 0042-0905; 1942-6593

[...]SUAs can be designated by the FAA merely on the finding that an agency claims that surface airspace existed in December 1, 1967.7 However, the power of Congress and the FAA to declare navigable airspace does not give anyone, including pilots, the right to trespass, create nuisances, unconstitutionally take private property, invade privacy, commit crimes, or commit state law torts.[...]the location of navigable airspace for low flying aircraft, like small drones, potentially has great impact on real property rights and personal rights of privacy.There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields.[...]as a practical matter these lands usually are accessible to the public and the police in ways that a home, an office, or commercial structure would not be.No state or local UAS registration law may relieve a UAS owner or operator from complying with the Federal UAS registration requirements.Because Federal registration is the exclusive means for registering UAS for purposes of operating an aircraftin navigable airspace, no state or local government may impose an additional registration requirement on the operation of UAS in navigable airspace without first obtaining FAA approval.[...]the Administrator has chosen to exercise this authority by issuing such pervasive regulations that we can infer a preemptive intent to displace all state law on the subject of air safety."