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Cities and Drones

November 7, 2016

Recently the National League of Cities (NLC) released a report titled "Cities and Drones," and it covers a wide variety of issues, from the different licenses that are currently available and in use, to the legal limits that cities face when enforcing drone legislation. The report is one of few that have been published that so accurately describe the current situation with UAS use in cities, acknowledging the problems exist or may soon exist and providing real solutions.

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One of the first major points the report addresses is that there are multiple legal ways a pilot can operate a UAS, be it Part 107, a Section 333 exemption, or a public agency Certification of Authorization (CoA). This issue may not seem incredibly important for cities to understand, but the different paths have significant differences such as who may be the pilot in command, the size of the UAS, or operational requirements and restrictions. Such significant differences mean cities need to understand that not all drones are toys and not all drones are plane-sized spying tools. With this knowledge, legislators will hopefully address valid concerns and disregard baseless fear in the technology.

Next were the limitations that cities face in creation and enforcement of laws pertaining to UAS. The FAA is a federal authority, making all of its laws superior to the state's and city's own laws. In fact, only the FAA can manage the airspace, so only they can impose laws as the actual operation of a drone. This doesn't mean that local governments are powerless, however, they can still enforce trespassing and privacy laws that apply to the operator and not the UAS directly.

The report also explains the significance of commercial drone use in a variety of industries and how that may become incorporated into city life. They are able to make conservative predictions as to how UAS will enter daily life and how they might best be dealt with. Predictions are an important part of proper integration, understanding that many of today's drones will be outmatched in every way by new drones in 10 years means that laws must not be rigid, they must be able to adapt to change allow for exploration in previously restricted operations. Flexibility will help cities work in harmony with UAS as well as benefiting from their potential.

If you'd like to read the report and find out more about UAS in cities you can find it here.