Industry, Entrepreneurs Await FAA Small Drone Ruling
By Tadjdeh, Yasmin | |
Proquest LLC |
In
While hobbyists and recreational users of small UAVs are free to use the aircraft in most domestic airspace, commercial entities are not yet able to take advantage of the technology, according to federal regulations. That's where Pirker went wrong - he was getting paid for his services.
Rules and guidance from the
"They need to hurry up. They have been sitting on this rule ... and this whole predicament they find themselves in is of their own making. They have known that this was coming for years, but they haven't done anything to regulate unmanned aircraft, so now they are scrambling," said
An economic impact report released by the association last spring found that within 10 years of UAV integration into the national airspace, more than
"None of that economic potential or jobs will be realized until the
Entrepreneurs have big hopes for UAVs. Farmers want to use them to survey crops, realtors to take aerial photographs of homes and moviemakers to shoot hard to film scenes. But they are all hitting major roadblocks as they run into
In April, AUVSI along with dozens of industry partners called for the
"The potential benefits for unmanned aerial systems cannot be underestimated. Whether it is helping farmers improve crop yields, assisting first responders with searchand-rescue missions, or advancing scientific research, UAS are capable of saving time, saving money and, most importantly, saving lives," the letter said. "The time for resolution has come, and we cannot afford any further delays. The technology is advancing faster than the regulations to govern it."
One of the most frustrating parts of the
Currently, the agency makes a distinction between model and unmanned aircraft, but the only difference is the operator's intention, Gielow said.
"If you're flying an unmanned aircraft or a model aircraft and you're just doing it for fun and recreation, the
"From a safety standpoint, that doesn't make any sense," Gielow said.
Under the Federal Aviation Administration Modernization and Reform Act of 2012, the agency was mandated to integrate small unmanned aerial vehicles under 55 pounds into the domestic airspace by
Late last year, the agency announced the six sites it would use to collect data, which included the
But while at least one test site is up and running, the agency continues to keep commercial drone operators grounded.
The
After Pirker was served a
"We've appealed it to the full NTSB, and while we have appealed, the judge's ruling is stayed, so basically what was in place before is still in place," Dorr said.
A panel of NTSB judges will take up the case later this year.
The agency has been criticized for delays in integrating UAVs, but Dorr said it must err on the side of safety.
"It's a challenge because, number one, you have to ensure the safety of people and property on the ground. Number two, you have to come up with regulations that will do that while at the same time making sure that this is done safely in the busiest, most complex airspace in the world," Dorr said.
Despite criticism, Dorr said the agency is well on its way to meeting its congressional mandate of moving towards integration. Dorr said the
"The congressional language does not mean that by
As for when small UAVs will be fully integrated in the domestic airspace, it is "impossible to speculate," Dorr said.
The agency is still planning to release a notice of proposals for rulemaking on UAS later this year, Dorr said. Once the notice is released, the
"If we get very few comments or if all the comments, or the substantial majority of comments, agree with the provisions of the proposed rule, then it is much easier to craft the final rule than it is if you get hundreds or literally thousands of comments and/ or if there is substantial disagreement with provisions of the proposed rule," Dorr said.
While the
"It's a difficult issue. The
The most that can be hoped for by
Even if the
"Even if they come out and say all these rules, the next thing they've got to figure out is what about insurance liability? I haven't heard anybody say anything about that. What happens if you have one of these things [and it crashes?],'' Dickerson asked.
Besides insurance claims, UAV operators will have to navigate individual state laws and overcome mounting privacy concerns. Furthermore, basic technological questions still remain. Sense-and-avoid systems need to mature, and there is also a question of what happens if a data link is hacked, Dickerson said. These obstacles will likely be too much for many companies initially, he said.
In
"I think we're just now at the tipping point where enough businesses are going to start wanting to get into this industry that now seemed like the right time to launch the practice," said
Mackler - a former Army pilot who flew
"I have had the experience of working literally side by side with drones," Mackler said.
Because of confusion over
"The reason this is so exciting to me is ... because it is such a new and emerging field with such incredible technology with both risks and opportunities," Mackler said. "Some people kind of compare it to the dawn of the Internet age. That's probably an apt comparison in terms of lack of regulation and [how] things are really being driven by pure innovation right now."
Since announcing its expansion into UAS law in April, four companies have entered into business relationships with the firm, Mackler said.
The firm's first client was
While some companies choose to illegally operate UAVs for their business operations, Farmspace Systems is anxiously awaiting
So far, the
One of the most confusing parts about current
"I think it is extremely confusing, even as a lawyer it is confusing. ... The line between commercial use,... hobby use and public use is extraordinarily big. Nobody understands it," Mackler said. "It doesn't make sense." ND
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