Evolving Law on Airport Implications by Unmanned Aerial Systems (2017) / Chapter Skim
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Pages 40-44
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40 and above city airspace.333 This inaction may reflect the well-established legal principle that cities have the authority to make reasonable time, manner, and place restrictions on airport and aircraft operations. Under a 1940s-era statute in Florida, for example, the placement of airports is a matter of state regulation as is the "area of land or water used for, or intended to be used for, landing and takeoff of aircraft, including appurtenant areas, buildings, facilities, or rights-of-way necessary to facilitate such use or intended use." 334 Similar regulatory schemes exist in California,335 Illinois,336 Minnesota,337 New York, 338 Oregon,339 and Texas.340 But, how and whether these laws originally designed for manned aviation can or should coexist with emerging federal law respecting unmanned aviation is an indefinite and evolving legal issue ripe for further rulemaking and research.
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From page 41... ...
41 • Moreover, there is substantial, ongoing debate among policymakers, industry, advocacy groups and members of the public regarding the extent to which UAS operations pose novel privacy issues, whether those issues are addressed by existing legal frameworks, and the means by which privacy risks should be further mitigated.350 • Recognizing the importance of addressing privacy concerns in the proper forum, the FAA has partnered with other Federal agencies with the mandate and expertise to identify, develop, and implement appropriate mitigations.351 For the time being, Part 107 does not say whether federal law preempts state or local law in the area of UAS operations. In fact, the FAA considered whether to include privacy provisions in Part 107, but opted against doing so in that particular rulemaking process.352 Nevertheless, section 332(a)
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From page 42... ...
42 concerns should be addressed, and the FAA's role in efforts to address these concerns.362 While the FAA has recognized that unique characteristics and capabilities of UAS may pose risks to individual privacy, it contends that these concerns are generally related to technology and equipment, which may be installed on an unmanned (or manned) aircraft, but are unrelated to the safe flight of the aircraft.363 In the final analysis, although the FAA regulates the safe and efficient operation of all aircraft within the NAS, the FAA has emphasized the fact that it never extended its administrative reach to regulate the use of cameras and other sensors extraneous to the airworthiness or safe operation of the aircraft in order to protect individual privacy.364 Moreover, there is significant and ongoing debate among policymakers, industry, advocacy groups and members of the public regarding the extent to which UAS operations pose novel privacy issues, whether those issues are addressed by existing legal frameworks, and the means by which privacy risks should be further mitigated.365 Recognizing the importance of addressing privacy concerns in the proper forum, the FAA has partnered with other federal agencies with the mandate and expertise to identify, develop, and implement appropriate mitigation strategies to address privacy concerns.366 B
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From page 43... ...
43 Just as it historically has done with other areas of the law that touch on both federal and local interests (e.g., height restrictions, noise and curfew, banner towing, and zoning ordinances to limit the height of buildings and objects around airports) , the FAA seeks collaboration with local law enforcement as to UAS operations.
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From page 44... ...
44 As that bill was unsuccessful, law enforcement continues to be guided by FAA guidance documents relating to airports and drones, as follows: 379 inspectors to contact these witnesses in any subsequent FAA investigation. • Identification of Operators.
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