Bill Introduced By Senator Feinstein (D-CA), But Has Some Bipartisan Support

The Drone Federalism Act introduced by Senator Diane Feinstein (D-CA) late last month could lead to a hodgepodge of local ordinances concerning the operation of drones.

Drone attorney Jonathan Rupprecht writes on his blog that the bill, which was introduced May 25, modifies section 336 of the FAA Modernization and Reform Act of 2012 to require those model aircraft to have the permission of the land owner if they are within 200ft above ground level or 200ft above a structure, whichever is higher.

When the FAA creates future rules for drone operations, the agency will have to define the preemptive effect of the laws. The bill also states that the FAA “shall ensure that the authority of a State, local, or tribal government to issue reasonable restrictions on the time, manner, and place of operation of a civil unmanned aircraft system that is operated below 200 feet above ground level or within 200 feet of a structure is not preempted.”

The bill is intended to be a pilot program limited to 10 State, local or tribal governments to which the FAA would give technical assistance. NASA would also come in as a consultant.

Rupprecht says that the act, if passed, would potentially create a patchwork of laws around the country with little consistency between jurisdictions. He also says that allowing state, local and tribal governments to determine wha is "careless and reckless" operation can be an issue.

The bill was introduced by Senator Feinstein, along with Senator Richard Blumenthal (D-CT); Senator Mike Lee (R-UT) and; Senator Tom Cotton (R-AR). It is supported by the National Governors Association, the National Conference of State Legislatures and the National Association of State Aviation Officials.

(Image from file)

FMI: Original Report