By: Noah Plafker
Twenty years ago, if you were told that you could own and operate your own flying robot, you would have laughed. However, today, virtually anyone can purchase a drone, otherwise known as an unmanned aircraft system (“UAS”). Initially, drones were associated with the military, primarily being used for intelligence gathering and as weapons. Today, we are witnessing a significant wave of commercial drone use, with these flying devices readily available for private use and enjoyment. Drones can now be utilized for a wide array of purposes including traffic and weather monitoring, photography, delivery services, and even as taxis. While this new technology has opened doors to new possibilities and countless benefits, drones also raise significant concerns regarding safety and privacy, highlighting the importance of effective regulation.
The aviation industry is highly regulated, making it one of the safest modes of transportation. This safety is largely due to the Federal Aviation Administration (“FAA”), which enforces rigorous flight training standards for pilots and requires strict regulations and comprehensive safety protocols. However, the FAA’s regulatory scope expands beyond airplanes. Since their introduction, drones have also been subject to FAA oversight, with varying rules depending on the size and purpose of the drone. For example, while drones differ from airplanes in that they are piloted remotely rather than from a cockpit, they share many operational and safety concerns, creating the need for effective regulations. Currently, operators are required to maintain a direct line of sight with their drones throughout the entire flight; a rule which is intended to ensure both operator and airspace safety. However, as drone technology advances, new regulations are emerging to address the evolving landscape and expand safe operational possibilities.
The FAA Reauthorization Act (the “Act”), recently signed into law following approval by both chambers of Congress, extends the FAA’s mandate for an additional five years. The overall goal of this act is to strengthen aviation safety, improve consumer protections, foster technological advancements, and modernize the national airspace system. Among its many provisions, a key focus is the regulation of drones. The Act promotes expanded use of drones, including beyond visual line-of-sight (“BVLOS”) operations, which enables drone operators to fly drones without keeping them in eyesight and explicitly mandates their integration into the national airspace system.
Much like driving a car, operating a drone comes with a unique set of laws. Under rule 14 CFR Part 107, any drone weighing less than fifty-five pounds must be registered with the FAA, and the operator is required to pass a pilot certification course. These regulations allow the FAA to try and maintain safety while also allowing people the freedom to operate their drones. However, as drones transition from a hobbyist activity to more critical uses—such as first responder missions and commercial delivery services—the need for updated regulations and adaptations has become increasingly important. Companies like Amazon have started to test and implement drone delivery programs, and the new rules set out in the Act will help allow this program to become a reality.
The FAA is now creating new rules surrounding drones called Part 108, which is hopefully set to release by the end of the year. This new rule will explain the nuances with BVLOS, which will allow drone pilots to control the drone using instruments and technology without maintaining eyesight. These new BVLOS rules will change how commercial drones are operated enabling more complex and expansive drone operations across all the industries that use drones. These new guidelines will allow operators to fly drones over greater distances, making their integration into the national airspace system essential to ensure safe coexistence with manned aircrafts. Lawmakers have recognized the rapid growth of the drone industry and its expanding applications across various sectors. The FAA Reauthorization Act, with its specific focus on drone regulation, is a critical step toward fostering technological advancement.
Another major technological leap is the introduction of electronic vertical take-off and landing (“eVTOL”) aircraft, which are being developed for use as flying taxis. For instance, Joby Aviation has created an aircraft that is fully electric and uses six rotors designed to function as an aerial taxi, or “Uber in the sky.” This represents yet another new aircraft that will need to be integrated into the FAA’s regulatory framework, a process already underway as Joby’s eVTOL has been certified by the FAA to operate within its regulations.
Drones are poised to revolutionize numerous industries, and the new regulations passed by lawmakers are just the beginning of a broader transformation that will reshape society. Drones have immense potential to improve various aspects of society, but to fully harness their benefits, it is crucial to uphold strict regulations to ensure safety. The FAA Reauthorization Act of 2024 marks a significant step toward integrating drones into everyday life, laying the foundation for a future where their use can help society thrive. Key provisions, like the forthcoming Part 108 BVLOS rules, will grant operators greater freedom by removing the requirement to keep their drones within visual sight, thus expanding operational capabilities. These current and future regulations are vital for maintaining aviation safety while paving the way for the broader and more innovative use of drones in the U.S. Next time you catch a glimpse of a drone outside your airplane window, do not worry—strict regulations are in place, keeping everything under control miles above the ground.
Student Bio: Noah Plafker is a second-year law student at Suffolk University Law School. He is a staff member for the Journal of High Technology Law and received a Bachelor of Arts degree in Political Science from the University of Colorado Boulder.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
