In an effort to clarify the responsibilities of federal, state, and local governments with respect to the regulation of drones, Senator John Thune recently introduced “Federal Aviation Administration Reauthorization Act of 2016” (the “FRA”) in the U.S. Senate.

Section 2142(a) of the FRA would establish a federal preemption for state and local laws relating to the design, manufacture, testing, licensing, registration, certification, operation, or maintenance of a drone, including airspace, altitude, flight paths, equipment or technology requirements, purpose of operations, and pilot, operator, and observer qualifications, training, and certification.

However, under Section 2142(b), state or local laws (including common law causes of action) relating to nuisance, voyeurism, harassment, reckless endangerment, wrongful death, personal injury, property damage, or other illegal acts arising from the use of drones would not be preempted if they are not specifically related to the use of a drone.

The patchwork of laws whereby federal, state, and local governments all seek to regulate drone operations creates a Byzantine scheme that only inhibits the growth of the drone industry. It is unnecessary for state or local governments to enact drone specific legislation, as existing state or local laws already cover the areas delineated in Section 2142(b) of the FRA.

A bit scholarly perhaps – maybe even erudite. But never mind. What’s clear is that with some 150+ state bills already proposed, written or passed, is that time waits for no man and certainly not for the FAA. And while I am sure it is outside the sphere of a legal argument, why should local and state agencies enforce Federal laws when they can enforce their own?



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