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Unmanned Aircraft Opportunities and Risks
Unmanned Aircraft System (UAS) technology has reached critical mass. There are now very sophisticated aircraft that are easy to fly, cost less than a new television, and have the ability to record and broadcast video and other data. YouTube is full of videos showing UASs doing everything from delivering beer to recording events to videotaping real estate and natural attractions. While this may sound like a classic American success story, there is a fundamental problem: Most of this activity is illegal in the U.S., with no formal rules beyond a blanket prohibition on commercial operations. An additional challenge is predicting how existing tort laws will be applied to UASs. This article addresses both sets of issues.
Regulatory Landscape for Unmanned Aircraft Systems
The Federal Aviation Administration(FAA) has made it clear that all “commercial” UAS operations are prohibited absent special permission. This has led to the mistaken impression that if a UAS flight is made without money changing hands, then it is permitted. This is incorrect. The FAA recently clarified that when it indicated “commercial” operations are banned, it meant that UASs could be used only for “hobby or recreational” purposes. Docket No. FAA-2014-0396. Under this interpretation, a flight for any purpose other than enjoyment of flying the UAS is not allowed. Even charitable groups offering assistance with search and rescue efforts run afoul of this rule, despite the fact that the flights are performed by volunteers and no profit is made. See Texas Equusearch v. FAA, Docket No. 14-1061 (D.C. Cir. 2014).
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