Why Only Regulate Commercial Drone Use?
Last week, I blogged on the fuzzy distinction between commercial and non-commercial drone use. This issue is of particular concern to Senator Feinstein, who is considering introducing a bill she is calling the Drone Safety Act. In testimony on April 22 before the Transportation, Housing, and Urban Development subcommittee, the Senator expressed concern that non-commercial drone use “could also be a safety risk in untrained hands and this is a gap in the legislative authority of the regulatory agency that prevents FAA from regulating drone manufacturers if their drones might be used for recreational purposes.” Among other things, Senator Feinstein is interested in requiring that drones come with “geo-fencing” technology pre-installed so that drones are automatically prevented from flying over specified areas—for instance security-sensitive infrastructure.
Senator Feinstein’s measure, if introduced, is likely to require FAA certification for any private drone use, and would obliterate the distinction between commercial and non-commercial use. It would also provide the FAA with additional enforcement authority.
This issue may be of particular concern to municipalities and local agencies exploring the limits to their authority to regulate drones flying in their airspace (see the Golden Gate Bridge’s concerns on this issue here). Applying traditional concepts of trespass to drone flight may be difficult under State law.