Drone Technology: Addressing Farmer Concerns and Questions. Alec M. Davis, Attorney Laura A. Harmon, Senior Counsel Illinois Farm Bureau
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1 Drone Technology: Addressing Farmer Concerns and Questions Alec M. Davis, Attorney Laura A. Harmon, Senior Counsel Illinois Farm Bureau
2 What are the Farmer s Concerns? Can I use a drone, and if so, for what? Private users of drones ( Civil ) Government use of drones ( Public )
3 The Federal Aviation Administration (FAA)
4 Huerta v. Pirker Challenged FAA s imposition of a $10,000 fine for video filmed by Pirker s drone (in 2011). NTSB Admin. Law Judge dismissed the fine, finding that Pirker s craft was a model aircraft and that there was no enforceable FAA rule or regulation applicable to model aircraft. Is being appealed.
5 FAA Modernization and Reform Act of 2012 Requires a Plan and Rules for integrating UAS into the National Air Space; Empowers the FAA to determine that certain UAS may operate safely in the NAS before the Rules are final (Sec. 333); Includes a process for FAA approval of PUBLIC uses of UAS; and Exempts Model Aircraft from FAA rules and regulations: Flown strictly for Hobby or Recreational purposes; Limited to less than 55 lbs.; Complies with Community Based Guidelines; Does not interfere with manned aircraft; Special requirements if flown within 5 miles of airport; and Flown within visual line of sight of person operating.
6 Test Sites
7 How are Drones Being Used Now? Small Universe of Permitted uses: Public Uses Department of Defense, Law Enforcement, Government Agencies, Universities Certificate of Waiver or Authorization (COA) Civil Use Model Aircraft Special Airworthiness Certificate Experimental Category Certified Aircraft Certificated Pilot
8 FAA s June 25, 2014 Interpretation of the Special Rule for Model Aircraft Confirmed FAA s interpretation that all non Model Aircraft, including UAS, are subject to all existing FAA regulation. Clarified that visual line of sight requires that the aircraft remain visible at all times, to the operator, using his/her natural vision. States that flights that are in furtherance of a business, or incidental to a person s business, would not be a hobby or recreation flight. Provides the following example as NOT hobby/recreational: Determining whether crops need to be watered that are grown as part of a commercial farming operation. IAA Filed Comments on July 25, 2014 Comment Period Extended to September 23 (Docket FAA )
9 FAA Enforcement Texas Equusearch Mounted Search v. FAA Texas based non profit search and rescue organization Pro actively contacted FAA regarding its use of remote controlled planes with cameras FAA explained the current regulations, and advised that search andrescue use described was illegal Federal Appeals Court (D.C. Circuit) dismissed the case FAA has issued an internal policy regarding increasing education, compliance, and enforcement of unauthorized UAS operations
10 What s Next? Exemptions (Sec. 333) 8 film companies Trimble UX5 Yamaha RMAX helicopter Amazon Prime Air FAA Rule governing Small (<55lbs.) UAS to be proposed in late 2014? Full UAS Rules supposed to be due Sept State laws on UAS use 13 States have drone use laws (most address public use) Texas and Utah address civil use
11 What s Next? More Lawsuits Airspace rights? Myth #3: The FAA doesn't control airspace below 400 feet Fact The FAA is responsible for air safety from the ground up. Under 49 U.S.C (b)(2), the FAA has broad authority to prescribe regulations to protect individuals and property on the ground and to prevent collisions between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects. Consistent with its authority, the FAA presently has regulations that apply to the operation of all aircraft, whether manned or unmanned, and irrespective of the altitude at which the aircraft is operating. United States v. Causby (U.S. Supreme Court, 1946) The landowner owns at least as much of the space above the ground as he can occupy or use in connection with the land.
12 Public Users of Drones Issues for Farmers Privacy (4 th Amendment, U.S. Constitution): Plain view doctrine Technology that is not in general public use is a prohibited search Curtilage vs. Open Fields Illinois Law Freedom from Drone Surveillance Act
13 Private Users of Drones Issues for Farmers Law Trespass/Nuisance Aircraft enters the immediate reaches of the airspace next to the land; and Substantially interferes with the other s use and enjoyment of his land Intrusion Upon Seclusion An intentional intrusion that is highly offensive to a reasonable person Stalking (Crime) Knowing course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of a third person, or suffer other emotional distress End Goal: To protect farmers right to privacy and property, including airspace.
14 Private Users of Drones Issues for Farmers Examples Journalist Will Potter s Kickstarter Campaign Raised $75,000+ To investigate what factory farms are hiding with ag gag laws Permitted under FAA regulation??? PETA Air Angels Drones Illinois Public Act : use of a drone to interfere with another s lawful taking of wildlife or aquatic life is a misdemeanor. Shooting Drones?
15 Questions? Alec M. Davis Laura A. Harmon
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See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
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See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
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June 16, 2015 Exemption No. 11810 Regulatory Docket No. FAA 2015 1082 Ryan P. Corey Vertical Imagery LLC P.O. Box 1345 2275 Dead Indian Memorial Road Ashland, OR 97520 Dear Mr. Corey: This letter is to
See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
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See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
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See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.
September 11, 2015 Exemption No. 12829 Regulatory Docket No. FAA 2015 1974 Mr. Mark C. Pope Site Safety Solutions LLC P.O. Box 1367 Hayesville, NC.28904 Dear Mr. Pope: This letter is to inform you that
The Basic Curfew Ordinance 155727 The Non-Addition Rule 173215 The Additional Curfew Hour 171889 The Noisier Jet Phase Out 181106
Disclaimer: For your convenience and quick reference, we have provided the ordinance establishing a noise abatement and curfew regulation for aircraft operating at Van Nuys Airport, as well as three other
Department of Transportation
Vol. 80 Monday, No. 35 February 23, 2015 Part III Department of Transportation Federal Aviation Administration 14 CFR Parts 21, 43, 45, et al. Operation and Certification of Small Unmanned Aircraft Systems;
The Basis for Our Decision
October 31, 2014 Exemption No. 10009C Regulatory Docket No. FAA-2009-0702 Mr. Stephen Craven Angel Flight Mid-Atlantic Airlift Hope of America Mercy Medical Airlift 4620 Haygood Road, Suite 1 Virginia
UAS Privacy Best Practices Discussion Draft. Center for Democracy & Technology DRAFT 09/24/15
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Technical Advisory. TA 317 April 15, 2015
Technical Advisory TA 317 April 15, 2015 Subject: New ISO CGL Filing on Drones Background: In December 2014, the Insurance Services Office (ISO) introduced a countrywide filing related to drones for Commercial
April 20, 2015. RE: Process for Developing Best Practices for Commercial and Private Use of Unmanned Aircraft Systems
April 20, 2015 Mr. Lawrence E. Strickling Assistant Secretary for Communications and Information National Telecommunications and Information Administration U.S. Department of Commerce 1401 Constitution
Polska Agencja Żeglugi Powietrznej Polish Air Navigation Services Agency
Agenda: Introduction, Rules and functions of PANSA, Legal status of UAS (Europe and USA), UAS/UAV integration to polish airspace, PANSA cooperation with military and civil operators, Required solutions,
April 24, 2015 BY ELECTRONIC SUBMISSION
April 24, 2015 BY ELECTRONIC SUBMISSION Docket Operations, M-30 U.S. Department of Transportation 1200 New Jersey Avenue SE Room W12-140 West Building Ground Floor Washington, D.C. 20590-0001 RE: Federal
PART 15--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT
Note: This document contains FAR Part 15 including Amendment 15-4 published in the Federal Register on September 4, 1997. PART 15--ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Subpart A--General
United States District Court Southern District of Florida MIAMI DIVISION
Case 1:06-cr-20001-JAL Document 319 Entered on FLSD Docket 02/29/2008 Page 1 of 6 USDC FLSD 245B (Rev. 12/03) - Judgment in a Criminal Case Page 1 of 6 United States District Court Southern District of
March 21, 2011. Dear Ranking Member Costello:
U.S. Department of The Inspector General Office of Inspector General Transportation Washington, DC 20590 Office of the Secretary of Transportation March 21, 2011 The Honorable Jerry F. Costello Ranking
Office of Inspector General Audit Report
Office of Inspector General Audit Report FAA FACES SIGNIFICANT BARRIERS TO SAFELY INTEGRATE UNMANNED AIRCRAFT SYSTEMS INTO THE NATIONAL AIRSPACE SYSTEM Federal Aviation Administration Report Number: AV-2014-061