The Growing Use of Unmanned Aircraft Systems

Size: px

Start display at page:

Download "The Growing Use of Unmanned Aircraft Systems"

Silas Casey
5 years ago
Views:

1 The Growing Use of Unmanned Aircraft Systems Kelly A. Daly Stinson Leonard Street LLP June 8, 2018

2 Topics To Be Discussed 1. Background on Unmanned Aircraft Systems ( UAS or Drones ) 2. Examples of How UAS Technology is Being Used 3. Overview of the Regulations Governing UAS 4. Legal Issues Associated with the Use of UAS 5. The Future of UAS Technology 2

3 Examples of Unmanned Aircraft Systems? 3

4 Examples of Advanced Technologies Photography (Fixed/Video, Infrared) Lidar Thermography 3D /Orthomosaic Imagery Recognition/Smart Sensors Biological/Chemical Sensors Sonar Collision Avoidance Meteorological/Temperature Sensors Surveillance Audio Wifi and Hotspots Geo-fencing Payload/Cargo (food, medicine, tools, supplies, fire extinguishers ) 4

5 Industries using Small UAS Photography/Film & TV Real Estate/Construction Agriculture/Ranching News Gathering/Media Education/Universities Health Science Local Governments/ Police and Fire Depts Hospitality/Resorts Railroads Telecommunication Insurance Environmental Electric, Natural Gas & Oil Security Mining (Gold, Silver, Copper) Sports & Entertainment Delivery Services 5

6 Common Uses of UAS (beyond film/photography) Commercial/Civil Entities Routine Maintenance and Inspection Equipment, Assets and Facilities Vegetation Management on Rights of Way/Easements Construction Planning & Assessment Emergency Response/Public Alerts Storm reconnaissance and outage damage Confirmatory information Security / Vandalism Delivery Service Government/Public Entities Emergency Response/Public Safety Search and Rescue missions Storm/post disaster reconnaissance Border patrol Situational Awareness Crimes in process/fighting fires Search and rescue Accident Investigation 6

7 Benefits of Using a UAS Increased worker safety on dangerous, dull or dirty jobs Available on short notice, potentially less costly/intrusive than helicopter Performs tasks in minutes that previously took hours or days Makes remote/dangerous locations more accessible Provides more/closer angles of review and maneuverability Preprogramed flights can be duplicated for data review and comparison Data is storable and can be used across business units (i.e., material needs/procurement, dispatch, construction) Technology is constantly refined for unique industry needs 7

8 Types of UAS Authorizations to Fly Commercial / Civil Operations Public / Governmental Operations Hobbyist / Recreational Part 107 Including waivers Section 333 Exemption (must also obtain a COA) Experimental or Type Certificates Certificate of Waiver or Authorization ( COA ) Section 334 Exemptions Part 101 8

9 Part 107 UAS Regulations 1 Imposes Requirements and Responsibilities on Operators To obtain a Remote Pilot Airman Certificate, small UAS rating To register, mark, and inspect the UAS prior to flight To maintain documents, to report accidents involving serious injury or property damage within 10 days, and to comply with state privacy laws Prohibiting careless or reckless operations Imposes Operational Limitations and Conditions on the UAS Time of day, weight, speed, and height limit, within visual line of sight, weather conditions, permissible persons and places for UAS flights (i.e., no flights over uninvolved persons) Carriage and transportation of property for hire permitted within state (except DC and HI) Identifies Regulations that Can be Waived and the Process for Waivers 1 Operation and Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 124 (June 28, 2016); 14 C.F.R

10 Public COA Requirements 1. Demonstrate that you are a public agency - (i.e., Declaration Letter from your city attorney or state attorney general) 2. Demonstrate it s a public aircraft owned or leased by agency and registered with an FAA. Leases must be for a minimum of 90 continuous days unless: 1) extraordinary circumstances; 2) used for search and rescue; or 3) entity has no access to search and rescue services and granting waiver is necessary to prevent an undue economic burden on that government Certify that aircraft is airworthy and explain its operational capabilities 4. Demonstrate activity is intrinsically governmental in nature (i.e., firefighting, search and rescue, law enforcement ) USC 40125(d) CFR 40125(1)(2) 10

Types of Public COAs Blanket Area COA access throughout the US but subject to conditions identified in COA (i.e., all flight in class G airspace, no flights greater that 400 ft, flights must be

11 Types of Public COAs Blanket Area COA access throughout the US but subject to conditions identified in COA (i.e., all flight in class G airspace, no flights greater that 400 ft, flights must be during daylight and within VLOS) Jurisdictional COA access limited to specific cities/counties within agency jurisdiction and conditions in COA but can obtain approval for more uses (i.e., night flights, different classes of airspace). Typically requires coordination with ATC before flights Emergency COA (which is an addendum an existing Blanket or Jurisdictional COA) in form of a one-time COA for time-sensitive emergency mission DJI - Skylogic Research City of Overland Park December 14,

More Regulations to Come FAA Reauthorization Act Signed into law on July 15, 2016 Section 2207 Section 2209 Section 2210 Requires the FAA to create a specific exemption

critical or sensitive facilities Section 2205 Section 2208 Prohibits interference with wildfire suppression, law enforcement or emergency response efforts; $20,000 penalty

12 More Regulations to Come FAA Reauthorization Act Signed into law on July 15, 2016 Section 2207 Section 2209 Section 2210 Requires the FAA to create a specific exemption for beyond the line of sight, and night time UAS operations for critical infrastructure Permits parties to request that the FAA prohibit UAS operations near certain critical or sensitive facilities Section 2205 Section 2208 Prohibits interference with wildfire suppression, law enforcement or emergency response efforts; $20,000 penalty for "knowingly or recklessly interfering Requires the FAA to create an exemption process to respond to emergencies FAA/NASA required to develop a plan for UAS Traffic Management 12

13 Security / Counter-UAS Technology Section 2209 directed FAA to establish a critical infrastructure designation presumably to preclude flights over facilities and/or add recourse/penalties for violations -- pending Existing defensive technology includes UAS control override, jammers/ communication interference, flight path diversion, physical capture capability Completely legal to buy and sell such technology Completely illegal to operate such technology (commercially) Passive surveillance is the only technology that currently is legal Regulation is too slow FAA admits issue likely to be resolved in the Courts 13

Legal Issues: Misuses of UAS Ralph Pirker 1st Enforcement Action ($10,000) Operating an unregistered aircraft Operating in careless/ reckless manner in close proximity to people and structures,

14 Legal Issues: Misuses of UAS Ralph Pirker 1st Enforcement Action ($10,000) Operating an unregistered aircraft Operating in careless/ reckless manner in close proximity to people and structures, including the flight path of UVA Medical School helipad Result: Settled for $1,100 SkyPan International Largest Civil Penalty- ($1.9 million) FAA alleged 65 unauthorized flights /260 violations in NYC and Chicago Operating an unregistered aircraft Operating in a careless/reckless manner in airport space without: 1) clearance; 2) two-way radio; and 3) altitude reporting equipment Result: Settled $200,000 civil penalty ($150,000 if it violates any FAA regulation in 2017 and $15,000 more if fails to comply with settlement) Recent Issues Criminal Misconduct Gangs using UAS to: - intimidate witnesses - monitor/case properties - interfere with FBI sting - smuggle goods 14

15 Preemption Issue FEDERAL (FAA responsible for safety of US airspace) Courts have preempted state law pertaining to air safety (i.e., efforts to limit times, frequency and altitude of flights) Courts have broadly interpreted definition of air safety (i.e., to include alcohol served on planes, planes towing banners ) STATE (Police powers govern safety and general welfare of citizens) Courts have found local ordinances narrowly tailored to protect specific safety concerns acceptable (i.e., ordinance prohibiting landing helicopters within 9 miles of national park within police power) Likely to find FAA authority preempts complete bans of UAS operations absent unusual circumstances Laws that contain limitations on flight altitude or impose paths or operational bans on anything in navigable airspace are likely to be scrutinized by courts Pending Drone Federalism Act (which provides states ability to regulate airspace 200 feet and below) likely to provide patchwork of regulation jeopardizing drone deliveries/services 15

16 UAS of the Future 16

17 Organizational/Legal Considerations Establish Internal Cross Functional Team (Legal, IT, Security, Operations, Communications, Emerging Technology and Business units using drones ) Prepare Policies, Practices and Procedures (Best Practices, Standard Operating Procedures, Aviation Use & Flight Safety Management Systems) Identify Responsible Individual(s) & Procedures to be Employed Provide Routine Training Programs to Ensure Culture of Compliance When appropriate, use built-in flight profile for consistent imagery each time Plan periodic internal audits Documents and Technology: Review local laws, Data Retention/Sunshine policy, Evaluate need for Encryption Technology (for both device and recordings) Establish Community Outreach/Education Program. 17

$com 2018 STINSON LEONARD STREET LLP \\ STINSON.COM DISCLAIMER: This presentation is designed to give general information only.$ It is not intended to be a comprehensive summary of the law or to treat exhaustively the subjects covered.

It is not intended to be a comprehensive summary of the law or to treat exhaustively the subjects covered.

18 Questions? Thank you for the opportunity to speak today! Kelly A. Daly (202) (o) (202) (c) 2018 STINSON LEONARD STREET LLP \\ STINSON.COM DISCLAIMER: This presentation is designed to give general information only. It is not intended to be a comprehensive summary of the law or to treat exhaustively the subjects covered. This information does not constitute legal advice or opinion. Legal advice or opinions are provided by Stinson Leonard Street LLP only upon engagement with respect to specific factual situations.

UNMANNED AIRCRAFT PROVISIONS IN FAA REAUTHORIZATION BILL

UNMANNED AIRCRAFT PROVISIONS IN FAA REAUTHORIZATION BILL Section 341 Comprehensive Plan -Codifies in title 49 the requirement in the 2012 FAA reauthorization Act that a comprehensive plan to safely accelerate