municipal regulation and use of drones: faa rules, state laws,...
TRANSCRIPT
Municipal Regulation and Use of Drones
FAA Rules State Laws and Preemption IssuesLeveraging Opportunities and Overcoming Challenges of Unmanned Aerial Vehicles
Todayrsquos faculty features
1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific
The audio portion of the conference may be accessed via the telephone or by using your computers
speakers Please refer to the instructions emailed to registrants for additional information If you
have any questions please contact Customer Service at 1-800-926-7926 ext 1
WEDNESDAY FEBRUARY 12 2020
Presenting a live 90-minute webinar with interactive QampA
Thaddeus R Lightfoot Partner Dorsey amp Whitney Minneapolis
Brian Wright-Bushman Attorney Aleshire amp Wynder Irvine Calif
Tips for Optimal Quality
Sound Quality
If you are listening via your computer speakers please note that the quality
of your sound will vary depending on the speed and quality of your internet
connection
If the sound quality is not satisfactory you may listen via the phone dial
1-877-447-0294 and enter your Conference ID and PIN when prompted
Otherwise please send us a chat or e-mail soundstraffordpubcom immediately
so we can address the problem
If you dialed in and have any difficulties during the call press 0 for assistance
Viewing Quality
To maximize your screen press the lsquoFull Screenrsquo symbol located on the bottom
right of the slides To exit full screen press the Esc button
FOR LIVE EVENT ONLY
Continuing Education Credits
In order for us to process your continuing education credit you must confirm your
participation in this webinar by completing and submitting the Attendance
AffirmationEvaluation after the webinar
A link to the Attendance AffirmationEvaluation will be in the thank you email
that you will receive immediately following the program
For additional information about continuing education call us at 1-800-926-7926
ext 2
FOR LIVE EVENT ONLY
Program Materials
If you have not printed the conference materials for this program please
complete the following steps
bull Click on the link to the PDF of the slides for todayrsquos program which is located
to the right of the slides just above the QampA box
bull The PDF will open a separate tabwindow Print the slides by clicking on the
printer icon
FOR LIVE EVENT ONLY
Municipal Regulation and
Use of Drones FAA Rules State Lawes and Preemption
Issues
Thaddeus R Lightfoot
Dorsey amp Whitney LLP
5
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Tips for Optimal Quality
Sound Quality
If you are listening via your computer speakers please note that the quality
of your sound will vary depending on the speed and quality of your internet
connection
If the sound quality is not satisfactory you may listen via the phone dial
1-877-447-0294 and enter your Conference ID and PIN when prompted
Otherwise please send us a chat or e-mail soundstraffordpubcom immediately
so we can address the problem
If you dialed in and have any difficulties during the call press 0 for assistance
Viewing Quality
To maximize your screen press the lsquoFull Screenrsquo symbol located on the bottom
right of the slides To exit full screen press the Esc button
FOR LIVE EVENT ONLY
Continuing Education Credits
In order for us to process your continuing education credit you must confirm your
participation in this webinar by completing and submitting the Attendance
AffirmationEvaluation after the webinar
A link to the Attendance AffirmationEvaluation will be in the thank you email
that you will receive immediately following the program
For additional information about continuing education call us at 1-800-926-7926
ext 2
FOR LIVE EVENT ONLY
Program Materials
If you have not printed the conference materials for this program please
complete the following steps
bull Click on the link to the PDF of the slides for todayrsquos program which is located
to the right of the slides just above the QampA box
bull The PDF will open a separate tabwindow Print the slides by clicking on the
printer icon
FOR LIVE EVENT ONLY
Municipal Regulation and
Use of Drones FAA Rules State Lawes and Preemption
Issues
Thaddeus R Lightfoot
Dorsey amp Whitney LLP
5
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Continuing Education Credits
In order for us to process your continuing education credit you must confirm your
participation in this webinar by completing and submitting the Attendance
AffirmationEvaluation after the webinar
A link to the Attendance AffirmationEvaluation will be in the thank you email
that you will receive immediately following the program
For additional information about continuing education call us at 1-800-926-7926
ext 2
FOR LIVE EVENT ONLY
Program Materials
If you have not printed the conference materials for this program please
complete the following steps
bull Click on the link to the PDF of the slides for todayrsquos program which is located
to the right of the slides just above the QampA box
bull The PDF will open a separate tabwindow Print the slides by clicking on the
printer icon
FOR LIVE EVENT ONLY
Municipal Regulation and
Use of Drones FAA Rules State Lawes and Preemption
Issues
Thaddeus R Lightfoot
Dorsey amp Whitney LLP
5
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Program Materials
If you have not printed the conference materials for this program please
complete the following steps
bull Click on the link to the PDF of the slides for todayrsquos program which is located
to the right of the slides just above the QampA box
bull The PDF will open a separate tabwindow Print the slides by clicking on the
printer icon
FOR LIVE EVENT ONLY
Municipal Regulation and
Use of Drones FAA Rules State Lawes and Preemption
Issues
Thaddeus R Lightfoot
Dorsey amp Whitney LLP
5
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Municipal Regulation and
Use of Drones FAA Rules State Lawes and Preemption
Issues
Thaddeus R Lightfoot
Dorsey amp Whitney LLP
5
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
National Airspace System (NAS)
bull Any aircraft operations
bull in the national airspace require
bull a certified and registered aircraft
bull a licensed pilot
bull and operational approval
bull NAS Regulated by ClassesmdashEven at Low Altitudes
6
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
bull Legal Authorities for the NAS
ndash Air Commerce Act of 1926
ndash United States v Causby 328 US 256 (1946)
ndash 49 USC sect 40103
7
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
National Airspace System
8
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Section 333 Waiver Process
FAA Modernization amp Reform Act
-Identify a Pilot
-Submit an Application
-Wait
-Apply for a Registration Number
-Fly
9
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
10
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
FAA EnforcementmdashSkyPan International
11
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
FAA Part 107 sUAS Regulations
14 CFR Part 107
12
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 Regulations
General Operational Limitations
-Less Than 55 Pounds
-Visual Line of Sight
-Daylight Operations
-Height 400rsquo Speed 87 Knots
13
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 Regulations
Where Flights Are Allowed
14
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
LOW ALTITUDE AUTHORIZATION AND
NOTIFICATION CAPABILITY
bull Preapproved Flight Zones and Maximum Altitudes for Operation UASs Near Airports
bull Precursor to UTM (Unmanned Aerial Vehicle Traffic Management)
bull Pilot Project at Four Airports
bull All Airports by End of 2019
15
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Know Your Airspace Class
AIRMAPCOM
16
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 Regulations
Remote Pilot in Command
bull Required Qualifications
bull Part 61 Pilot Certificate Holders
bull Foreign Certified UAS Pilots
17
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 Regulations
Other Considerations
bull Additional Important Operational Limits
bull Part 107 Waiver Process
bull Section 333 Exemption Process
18
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
FAA Extension Safety and Security Act of
2016
bull Section 2202 ndash FAA to develop for remote drone identification within 2 years
bull Section 2207 ndash Emergency exemption for civil or public emergency response
bull Section 2209 ndash Process to designate fixed site facilities and prohibit drone operations
bull Section 2210 ndash Exemption process to be established for beyond visual line of sight (BVLOS) and night drone operations related to inspection and disaster response for critical infrastructure
19
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
FAA Reauthorization Act 2018
bull Prioritizing FAA regulations to expand the operation of small UASs (currently operating under Part 107) to operations Beyond the Visual Line of Sight at night and over persons
bull Requiring FAA update regulations within one year to permit the carriage of property by small commercial UAS operators within the United States
bull Requires FAA to consult with DHS amp DOJ to take countermeasures against a UAS posing a danger to federal facilities including shoot-down if a ldquocredible threatrdquo
bull Criminal penalties for UAS interference with wildfire suppression or law enforcement or emergency response effort related to wildfire suppression
bull Crime to knowingly or recklessly operate UAS that interferes with other aircraft or airport operation
20
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Remote ID of UASs
(proposed rule 12-31-2019)
bull Provides identification and location information to other airspaces users and persons on the ground
bull Three methods of compliance
ndash Standard identification
ndash Limited identification
ndash Operations wo identification in FAA identification zones
bull Drone users will purchase data subscription plan from UAS Service Suppliers who will collect record and share drone and flight operation data with FAA law enforcement and general public
bull Comment deadline March 2 2020
21
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Preemption and State Regulation
bull Federal Preemption
ndash Restrictions on Operations Equipment or Training
ndash Local Land Use
State Regulation by Statute
22
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
State and Municipal Laws
bull Approximately 40 states have laws regulating drones
bull Many municipalities have also regulated UAS operations
bull Most laws relate to state and local police power
bull Four general categories
ndash Empowering and regulating law enforcement use
ndash Prohibiting use in particular areas such as over ldquocritical infrastructurerdquo or ldquotargeted facilitiesrdquo
ndash Regulating rural use
ndash Prohibiting certain UAS operations and protecting privacy
23
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Federal Preemption Construed
bull Singer v City of Newton No 117-cv-10071-WGY (D Mass Sept 21 2017)
ndash Federal law preempts four ordinance provisions
bull Requirement to register UAVs with city
bull Ban on operations below 400 feet over private property without permission of property owner
bull Ban on operations over public property without city permission
bull Ban on operations beyond line of sight
ndash No challenge to a ban on operations interfering with manned aircraft or to conduct surveillance where person has reasonable expectation of privacy
24
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Lessons of Singer
bull No express preemption of state or municipal law
bull No field preemption of state or municipal law
bull Conflict preemption applies
bull Federal law likely to preempt operational UAS restrictions
bull State regulation likely to be lawful if based on traditional police power
25
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
FAA Pronouncement on Preemption
bull FAA Press Release July 30 2018
ndashCongress provided the FAA with exclusive authority to regulate navigable airspace
ndashState and local regulations not permitted to regulate any type of aircraft operations
26
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
27
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
QUESTIONS
Thaddeus R Lightfoot
lightfootthaddorseycom
612-492-6532
28
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
MUNICIPAL DRONESREGULATION AND PUBLIC USE
Brian Wright-Bushman
29
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Regulating Drone Use
bull Review Broad Federal Preemption
bull Review Regulation Limited to Traditional Police Powers
bull Look for laws of general applicability that could be applied to drones
bull Foletta v Ellis
30
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Regulating Drone Use
bull If you regulate be ready for a challenge
bull Case Study City of Tiburon CA
bull Options for Entities Without Police Power ndash Ask Cities for Help
31
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
What Can Drones Do For Cities
bull Emergency Servicesbull Deliver medicinemedical equipment to remote areas
(blood supplies defibrillators vaccines etc) (Wise County VA)
bull Crime Fightingbull Overhead surveillance during an ongoing incident
(Modesto CA)
bull Accident Scene InvestigationDocumentationbull Eg car accidents (Lake County IL)
32
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
What Can Drones Do For Cities
bull Firefighting Assistancebull Aerial monitoring of fires thermal imaging to
determine if people are inside buildings etc (Menlo Park CA)
bull Infrastructure Inspection bull Inspecting pipelines reservoirs powerlines
powerplants etc (PGampE)
bull Disaster Inspectionbull Aerial damage assessment
33
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
What Can Drones Do For Cities
bull Search amp Rescue (Texas Parks amp Rec Department)
bull Lifeguardingbull Aerial monitoring dropping flotation devices
bull Othersbull How are your clientsentities using drones
34
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Examples (To Look At Later)
bull Public Safety (Fire Police)
- httpswwwyoutubecomwatchv=8unZG4ZW4As
- httpswwwyoutubecomwatchv=D3BWpoJ6ijs
- httpswwwyoutubecomwatchv=ytpf2PYG_5I
bull Public Safety (EMS) -httpswwwyoutubecomwatchv=y-rEI4bezWc
bull Lifeguarding -httpswwwyoutubecomwatchv=YMjJowZVpns
bull Search amp RescueRecovery -httpswwwyoutubecomwatchv=_fv4X3EYG2k
bull Infrastructure Inspection -httpswwwyoutubecomwatchv=B5RdFVQh-Iw
35
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Steps for Starting a Public Drone Program
bull Mission parameters How will the drone be used
bull Part 107 or Waiver
bull If necessary apply for a Waiverbull FAA Website currently says waiting time is 90 days
bull Make sure City has certified pilots
bull Adopt a policy for drone use amp maintenance
bull Address any public feedback
36
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 or Waiver
bull Once you have defined the mission determine whether you can operate under Part 107
bull Part 107 includes several requirements which should all be reviewed Perhaps the most important are as followsbull Visual line of sight only
bull No operation over people who are not under a covered structure or in a car
bull Daylight only (no night operation)
bull Maximum altitude ndash 400 ft or within 400 ft of a structure
bull New Rulemaking
37
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 or Waiver
bull Some requirements of Part 107 can be waived by obtaining a Certificate of Waiver or Authorization (COA or Waiver)
bull A request for a Waiver must contain a complete description of the proposed operation and justification that establishes that the operation can be safely conducted under the terms of the Waiver
bull Operation under a Waiver must comply with all of the conditions and limitations specified in the Waiver
38
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Part 107 or Waiver
bull The following Part 107 requirements are waivable among othersbull Operation from a moving vehicle or aircraft
bull Daylight operation
bull Visual line of sight
bull Operation of people
bull Maximum groundspeed
bull Maximum altitude
bull Flying in controlled airspace
39
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Certified Pilots
bull Employees of the public entity must become certified to fly drones
bull Agencies can also request authorization to function as a ldquopublic aircraft operatorrdquo that can self-certify its pilots and drones
40
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Drone Policybull Cities should adopt policies governing the use of
drones and training of City personnel who will be using drones
bull These policies should include provisions regardingbull Authorized and prohibited uses of dronebull Protection of privacybull Storage of databull Authority for and documentation of missionsbull Certification and supervision of pilotsbull Drone maintenance
41
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Public Feedback
bull Drones are a new technology and often raise concerns for members of the public
bull Keep the public informed about the cityrsquos use of drones and anticipate concerns about privacy
42
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
We Have A ProgramNow What
bull Stay up to date on developing legal issues
bull Stay up to date on FAA regulations
bull Stay up to date on developing technology
bull Stay in contact with other public agencies to learn how other agencies are using drones
43
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
Helpful Websites
bull FAA webpage on how start a drone program for public agencies
httpswwwfaagovuaspublic_safety_govdrone_program
bull FAA portal for submitting waiver applications
httpswwwfaagovuasrequest_waiver
44
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170
THANK YOU
Brian Wright-Bushmanbwrightbushmanawattorneyscom
(949) 223-1170