The Federal Aviation Administration (FAA) recently updated its policy statement related to the law considerations applicable to state and local regulation of Unmanned Aircraft Systems (UAS). The original policy, issued back in 2015, was designed to control the escalating surge of state UAS regulations. In its latest effort, the FAA has demonstrated that federal preemption applies equally to both manned and unmanned aircraft operations, with the states holding control over only a slight fraction of UAS operations.
Read more about these developments here.
The updates in the FAA’s policy provide further clarity on the division of power between federal and state regulatory bodies. The primary purpose of the federal regulatory framework is to ensure the safe and efficient use of national airspace, guaranteeing that aircraft, both manned and unmanned, can operate within the same airspace without posing undue risk to persons or property on the ground or in the air.
Whereas, the responsibility of the state and local agencies is generally limited, they can regulate particular facets of UAS operations including issues related to privacy, land use, and law enforcement within their jurisdiction. While these agencies retain certain powers to regulate drone operations within their state, their authority must nevertheless comply with the encompassing federal aviation laws and regulations.
Given the rapidly evolving nature of UAS technology and the associated legal landscape, it is crucial for corporations, law firms, and legal professionals to stay informed. Rigorous understanding and compliance with both the state and federal regulatory frameworks can help mitigate legal risks and facilitate the expanded use of UAS technology.
For ongoing updates and professional commentary on legal considerations around UAS operations and federal preemption, visit this page regularly.