Drones, or unmanned aerial systems (UASs), originated many decades ago as equipment used in military applications, but have since expanded to personal and commercial use. As their popularity surged, regulatory frameworks emerged to govern their use.
The Federal Aviation Administration (FAA) is the federal government entity overseeing drone operation rules. Key regulations include general flying guidelines, commercial use, and recreational use. For general use, drones must weigh 55 pounds or less and be registered. FAA recommends the B4UFLY app for real-time regulatory information. Operators must maintain а clear line of sight to the drone at all times and avoid restricted zones such as airports. Drones also must not be operated at altitudes above 400 feet and can only be flown during daylight or civil twilight.
Recreational drone operators face specific airspace constraints. They are primarily restricted to Class G airspace, which has the least air traffic control and is typically present in rural areas. Securing authorization via the FAA's DroneZone portal or Low Altitude Authorization and Notification Capability system is required to fly recreational drones. Recreational drones must also have a registration number that matches the current FAA documentation. Guidelines for recreational drone use fall under Section 336.
Commercial drone operations demand a higher level of certification. A Remote Pilot Certificate (Part 107 license), obtained by passing an aeronautical exam, is mandatory. Applicants must be at least 16 years old, demonstrate physical and mental fitness to fly, and be proficient in English. Once certified, commercial pilots get broader operational privileges, including night flights and operations over people and structures. However, night operations require anti-collision lighting. Moreover, while commercial pilots enjoy fewer airspace restrictions, they must exercise caution near airports and fly under 100 miles per hour.
Non-U.S. citizens face additional regulatory hurdles for drone operations, governed by FAA Part 375. These regulations maintain national airspace integrity and protect sensitive areas. For consistency, foreign operators must understand and adhere to all applicable requirements, including completing an online recreational flyer course via the DroneZone portal. They must also obtain an FAA-issued pilot's license and a permit from the Department of Transportation before operating a drone.
Regarding privacy, the FAA has no direct rules on drone usage, leading various states to implement their own legislation. Broadly, these laws place reasonable restrictions on drone surveillance and photography to safeguard people's privacy. Nongovernmental actors, for instance, cannot fly over private property or publish images on the Internet or elsewhere without the owner's consent. Likewise, some states require that before conducting aerial searches or surveillance of a suspect, law enforcement UAV operators obtain a warrant. Regulations vary by state, and often include specific provisions for flight altitude limits, data collection practices, and other privacy guidelines.
While drones have useful applications, unregulated use near critical infrastructure poses great security risks. A great concern is terrorists potentially using them to scope out or attack power plants, pipelines, petroleum refineries, embassies, and correctional facilities. Some rogue drone operators have even gone to the extent of delivering contraband inside prisons, causing some states to ban aerial operations near such facilities. Specific regulations also apply to high-capacity venues like stadiums. Laws cover the prohibited period of drone operation before and after an event, minimum distance requirements, and restrictions on flights over venues exceeding certain seating capacities.
The presidential memorandum on unmanned aerial systems mandates that government agencies have clear oversight policies and training procedures for drone programs and operators. Key requirements include establishing rules of conduct, authorization processes for drone use, and ensuring data sharing complies with relevant regulations. Equally important is transparency, which agencies can achieve by notifying the public about drone operations in their areas and measures to protect the collected data.
