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Drones Used Despite Uncertain Legal Consequences

March 12, 2015 —
Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:
  • Unmanned aircraft must weigh less than 55 lbs. (25 kg).
  • Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
  • Maximum altitude is 500 feet above ground level.
  • Preflight inspection by the operator is required.
  • Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.
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