Cecily Zamora
The use of drones is regulated by the Federal Aviation Administration (FAA) in the United States, which has the authority over the airspace in all states. The FAA has set out comprehensive guidelines for both recreational and commercial drone operators to follow. However, state laws regarding drones vary, and states have some ability to create laws for in-air activities, such as where drones can take off from and where you can or can't fly. This has resulted in a patchwork of FAA regulations, state laws, and local restrictions that can be confusing for drone operators.
| Characteristics | Values |
|---|---|
| Authority | The Federal Aviation Administration (FAA) has authority over the airspace in all states. |
| State laws | Most states have passed laws regulating the use of drones, but each state's laws are different. |
| Registration | Registration is mandatory for drones over 0.55 lbs (250g) and costs $5. |
| Speed | Drones must be flown at 100 MPH or slower. |
| Distance from clouds | Drones must be flown farther than 2000 feet horizontally and 500 feet vertically from clouds. |
| Distance from vehicles | Drones cannot be flown from a moving vehicle unless in a sparsely populated area. |
| Night flying | Drones can be flown at night, but airspace authorizations are required for night operations in controlled airspace under 400 feet. |
| Height | Drones must be flown at or below 400 feet in Class G (uncontrolled) airspace. |
| Launch and landing | States can regulate the launch or landing of drones on public property. |
| Surveillance | Drone surveillance may constitute criminal trespass. |
| Voyeurism | Drones are included under the crimes of voyeurism and video voyeurism. |
| First responders | First responders are granted immunity if they damage any unmanned vehicle that interferes with emergency services. |
| Interference | Drones must not interfere with the activities of first responders during an emergency. |
| Hunting | Drones must not be used to hunt, molest, or locate game animals, game birds, or fur-bearing animals. |
| Law enforcement | Law enforcement must obtain a warrant to use drones and must obtain approval before acquiring them. |
| Safety | Drones must not be operated in a way that risks the safety of the national airspace. |
| Visual line of sight | Drones must be operated within the visual line of sight (VLOS). |
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What You'll Learn
Drone registration and licensing
Drone usage is regulated by the Federal Aviation Administration (FAA) in the United States. The FAA has the authority over the airspace in all states and manages nationwide drone registration and licensing. The FAA also provides up-to-date information on the latest drone laws and requirements.
Drone pilots must adhere to the following registration and licensing requirements:
- All drone pilots must follow FAA safety guidelines.
- Registration is mandatory for drones over 0.55 lbs (250g).
- Drone pilots must obtain a Remote Pilot Certificate – Part 107 license from the FAA to fly a drone commercially anywhere in the United States.
- Recreational drone pilots must pass the FAA's basic safety and knowledge test, which includes an aeronautical knowledge exam.
- Drone pilots must be at least 16 years old, able to understand, read, write, and speak English, and be mentally and physically capable of operating a UAV safely.
- Drone pilots must create an IACRA (Integrated Airman Certification and Rating Application) profile and obtain an FAA Tracking Number (FTN) before signing up for the knowledge test.
- Drone pilots must keep a current FAA registration, mark their drones with the registration number, and carry proof of registration during all flights.
- Drone pilots must operate within the visual line of sight (VLOS).
- Drone pilots must fly at or below 400 feet in Class G (uncontrolled) airspace and obtain proper authorization through LAANC or DroneZone before flying in controlled airspace.
It is important to note that state laws regarding drones may vary and are subject to change. Therefore, it is recommended to consult an attorney or conduct legal research to verify the specific drone laws in your state.
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Drone operator requirements
To fly a drone for recreational purposes, operators must pass the FAA's basic safety and knowledge test, The Recreational UAS Safety Test (TRUST), and keep their TRUST certificate on them at all times. Recreational operators must also ensure their drone weighs less than 0.55 lbs (250g) and that they operate within the visual line of sight (VLOS).
To fly a drone commercially anywhere in the United States, operators must obtain a Remote Pilot Certificate – Part 107 license from the FAA. This certificate demonstrates that the operator understands the regulations, operating requirements, and procedures for flying drones safely. To obtain this certificate, operators must be at least 16 years old, able to understand, read, write, and speak English, and be mentally and physically able to operate a UAV safely. They must also pass the initial aeronautical knowledge exam: "Unmanned Aircraft General – Small (UAG)".
There are additional considerations for both recreational and commercial drone operators. For example, drone operators should avoid flying near airports as it is difficult for manned aircraft to see and avoid drones. Drone operators must also avoid manned aircraft and are responsible for any safety hazards their drone creates in an airport environment. Drone operators must also ensure they are complying with any local restrictions, as areas near airports and government buildings often ban drones, and state parks may ban drone launches and landings without a permit.
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Drone flight rules
To fly a drone, you must follow the FAA's safety guidelines and obtain a Remote Pilot Certificate. This includes passing the initial aeronautical knowledge exam, "Unmanned Aircraft General – Small (UAG)". You must be at least 16 years old, able to understand, read, write, and speak English, and be mentally and physically fit to operate a drone safely. Additionally, you must create an IACRA profile and obtain an FAA Tracking Number (FTN) before signing up for the knowledge test.
Registration is mandatory for drones over 250 grams (0.55 lbs), and you must place your assigned identification number on the drone's exterior. The registration cost is $5, and it is valid for three years. You must also maintain a visual line of sight when flying your drone, meaning you can see the drone at all times. This can be achieved through the use of a visual observer or with FPV goggles, as long as there is a visual observer co-located and in direct communication with the operator.
Drone pilots must also follow specific flight rules, such as flying at or below 400 feet in uncontrolled airspace and obtaining authorization for controlled airspace. It is important to avoid operating your drone in a way that risks the safety of the national airspace. Additionally, you can fly your drone at night, over people, and moving vehicles without a waiver under Part 107, but you need airspace authorization for night operations in controlled airspace under 400 feet.
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Drone use restrictions
Drone use is regulated by the Federal Aviation Administration (FAA) in the United States, which has issued comprehensive guidelines for both recreational and commercial operators. While the FAA has authority over the airspace in all states, each state also has its own drone laws, which can vary. This means that drone operators must be aware of and comply with both federal and state drone regulations.
Federal Drone Restrictions
The FAA's drone restrictions include:
- All drone pilots must follow FAA safety guidelines.
- Drone registration is mandatory for drones over 0.55 lbs (250g).
- Drones must be operated within the visual line of sight (VLOS).
- Drones must be flown at or below 400 feet in Class G (uncontrolled) airspace.
- Proper authorization through LAANC or DroneZone is required before flying in controlled airspace (Class B, C, D, and E).
- Drone pilots must carry proof of registration and mark their drones with the registration number.
- Drone operators must not interfere with other aircraft and must give way to them.
- Drone use is prohibited in certain areas, including within the controlled airspace around an airport, over designated national security facilities, certain military bases, infrastructure, and national landmarks, and in airspace covered by Temporary Flight Restrictions.
- Drone use is banned in all US National Parks unless a special permit is obtained.
- Drone pilots must ensure their drone does not pose a hazard to people or property.
State Drone Restrictions
State drone laws can vary, but some common restrictions include:
- Bans on drone launches and landings in certain areas, such as near airports and government buildings, unless a permit is obtained.
- Restrictions on flying drones at night, which may require additional authorization or waivers.
- Age restrictions, such as requiring drone pilots to be at least 16 years old.
- Requirements for drone pilots to pass an aeronautical knowledge exam.
- Language requirements, such as the ability to understand, read, write, and speak English.
It is important to note that drone regulations are constantly evolving to keep up with technological advancements and changing needs for public safety. Therefore, drone operators should stay informed about the latest federal and state drone laws and restrictions.
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Drone surveillance laws
While the FAA regulates drone usage through comprehensive guidelines for both recreational and commercial operators, states also have the ability to pass laws governing the use of drones. For example, several states have passed laws requiring law enforcement to obtain a warrant before using a drone for surveillance. These laws are often the result of lobbying campaigns by privacy advocates, who argue that drones could be used for widespread pervasive surveillance. However, the legislation often focuses on regulating the technology of drones rather than addressing the potential harm of pervasive surveillance.
In addition to laws requiring warrants for drone surveillance by law enforcement, there are also laws prohibiting private citizens from using drones to invade someone's privacy. These laws may include restrictions on flying over private property, filming or photographing private property, height restrictions, consent restrictions, and prohibitions on publishing images taken without consent. Some states also have laws prohibiting the use of drones for voyeurism, harassment, or hunting and fishing.
To comply with drone surveillance laws, drone operators must understand the regulations set by the FAA as well as the specific laws in their state. It is important to note that areas near airports and government buildings often ban drones, and other areas like state parks may require a permit for drone launches and landings. Drone operators should also be aware of any local restrictions and obtain proper authorization before flying in controlled airspace.
Overall, the laws governing drone surveillance are constantly evolving as technology advances and raises new concerns for lawmakers and privacy advocates. By staying informed about the latest regulations and seeking legal advice when necessary, drone operators can ensure they are complying with the law and respecting the privacy of individuals.
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Frequently asked questions
Yes, states can make laws governing the conduct of drone operators. However, their ability to create laws for in-air activities is limited since the Federal Aviation Administration (FAA) has authority over the airspace in all states.
Here are some examples of state laws that govern the conduct of drone operators:
- Colorado State Parks Regulation #100-c.24 forbids the operation of drones in Colorado State Parks, except in designated areas.
- Georgia's local governments are prohibited from creating drone regulations, but the state and local governments in Georgia can regulate the launch or landing of drones on public property.
- Arkansas State Park Regulation forbids the operation of drones in any Arkansas State Park without first acquiring a Special Use Permit from the Office of the Director.
Here are some examples of federal laws that govern the conduct of drone operators:
- All drone pilots must follow FAA safety guidelines.
- Drones over 0.55 lbs (250g) must be registered with the FAA.
- Drone pilots must fly within the visual line of sight.
- Drone pilots must fly at or below 400 feet in uncontrolled airspace.
