EASA is proposing to impose UAS standards throughout EU Member States, harmonizing rules for UAS operations and establishing a low-risk and medium-risk operational categories, Open and Specific, respectively. In addition to the operating rules, EASA is also proposing to impose requirements on manufacturers, importers, and distributors to ensure that operators can more easily comply with the proposed framework, particularly for the operation of off-the-shelf UAS that will not require approvals. For businesses that want to go beyond the limits of the Open category operations, such as testing new UAS platforms, some form of approval will be required, but EASA is considering mechanisms that can facilitate those operations. EASA seeks public comments by September 15th.
Following a public debate regarding the lack of authority for the U.S. military to take down civilian unmanned aircraft systems (also known as drones or “UAS”) over bases—see previous UAS Insights coverage here—the Department of Defense (“DOD”) released new guidance providing additional authority for military bases to protect themselves from potentially threatening drone operations. This new authority again highlights the complicated legal issue of drone defenses, Federal Aviation Administration’s (“FAA”) enforcement of airspace regulations, and the desire of certain entities to prevent UAS overflights.
A short term extension of the Federal Aviation Administration (“FAA”) is probable as Congressional leaders seem unlikely to iron out a compromise on FAA reauthorization bills before the end of September. Committees in each chamber approved separate long-term reauthorization legislation last month, including numerous significant changes to the current unmanned aircraft systems (“UAS”) regulatory regime. However, these drone provisions may be delayed by the lack of agreement on other manned aviation issues, such as air traffic control privatization and pilot training requirements. Without a broad consensus on the bill language and with Congress in August recess, Congress is unlikely to pass a substantive reauthorization before the FAA’s current authorization ends on September 30.
Should the legislation advance, these bills address some key issues regarding the future of UAS, such as privacy protections, carriage of property, unmanned aircraft traffic management (“UTM”), risk-based permitting, UAS defense, recreational drone registration, and public aircraft operations (“PAO”). These topics are analyzed in more detail below.
Following a near-collision between an F-22 stealth fighter and a civilian drone (also known as an unmanned aircraft system or “UAS”), last week a four-star U.S. Air Force (“USAF”) general requested additional authority to combat civilian drone operations threatening USAF facilities and assets. This request highlights the difficulty faced by institutions and businesses wanting to protect critical infrastructure and property while not violating federal law. General Mike Holmes of the Air Combat Command told the Air Force Association about two incidents—in the same day—where unauthorized civilian drones entered airspace over USAF facilities and interfered with operations. In one incident, a drone nearly collided with an F-22 Raptor stealth tactical fighter jet, one of the USAF’s most advanced aircraft, costing in excess of $150 million. According to General Holmes, the USAF needs new legal authorities to down such drones or another means to protect from unlawful incursion. He says the USAF’s…
Last month marked the first meeting of the FAA’s Unmanned Aircraft Systems (“UAS” or drones) Identification and Tracking Aviation Rulemaking Committee (“ARC”). The ARC brought together key stakeholders to discuss regulatory issues relating to UAS ID and tracking, air traffic management for drones, and local enforcement concerns. Drone identification and tracking systems could help the FAA and the UAS industry pave the way for more flexible rules, including UAS operations over people and beyond visual line-of-sight.
On July 21, the FAA’s Drone Advisory Committee (“DAC”) will hold its third meeting of 2017. The virtual meeting will provide the DAC with the opportunity to respond to the FAA’s presentation from the previous meeting and move forward with the priorities of each task group.
The D.C. Circuit Court of Appeals recently determined that the FAA’s registration rule for recreational unmanned aircraft systems (“UAS” or “drones”) was beyond its legal authority. While this ruling is a setback for the FAA in its ability to track and oversee the hundreds of thousands of recreational drones operating in the U.S., we view the obstruction as temporary and likely to be fixed legislatively. In December 2015, the FAA began requiring the registration of all UAS in the country, including those used for recreational, commercial, or public use. Registration is performed online, costs $5, and requires UAS owners to provide their names, addresses, and email addresses. After registration, the owner is required to label the UAS with the FAA drone registration number. Since the regulation went into effect, almost a million drones have been registered on the FAA website. John Taylor, a recreational drone operator, challenged the registration rule alleging…