The Federal Aviation Administration is trying to decide when model aircraft stop being toys and need to be treated as drones. The answer could have a big impact on the U.S. economy.
An FAA spokeswoman said the agency will propose by the end of the year a rule for commercial use of unmanned aircraft. Leaked reports suggest the regulation would require commercial drone operators to have a pilot’s license.
While often associated with high-tech military warfare, unmanned drones have numerous other uses. Agribusiness is planning on using them for “precision farming” to monitor, dust and water crops. Amazon.com is looking at using them to deliver packages. The movie industry is already using them for aerial photography. The real estate industry wants drones that can film indoors so potential clients can view clips of properties online.
Drone technology is advancing rapidly. The smallest machines weigh only a few pounds. Businesses eager to exploit the possibilities contend that operating a drone doesn’t require the same skills as flying an airplane.
Requiring a pilot’s license would be too restrictive and slow down commercial development, industry groups say, since a license requires dozens of hours of flight time in a manned aircraft.
In addition to requiring a license, the new rules reportedly would require drones under 55 pounds — most of them — to be operated only in daylight and at altitudes below 400 feet. And they would have to be used within view of the operator. There would be separate rules for larger drones.
“That kind of defeats the purpose of having drones in the first place,” said Michael Drobac, executive director of the Small Unmanned Aerial Vehicle Coalition, an industry group whose members include Amazon and Google. “We’re not talking about a Cessna here.”
Several lawmakers agree. “I am concerned that [the] proposed regulations on small commercial unmanned aircraft will be costly, needlessly restrictive and hinder research and development,” said Sen. Ron Wyden, D-Ore.
A particular concern is that the FAA is taking so long to release the rule, which advocates say is placing the United States at a technological disadvantage. Congress directed the FAA to come up with rules in 2012. After the FAA announces its proposed rules, it will hold months of hearings and meetings with stakeholders. A final rule is expected in 2016.
The industry is pushing the FAA to ease up on the size restrictions. Drobac noted that Canada recently allowed drones under 4.5 pounds to be used commercially without a pilot’s license.
The FAA says safety must come first.
“The thing that I’m most concerned about is doing everything that we can to avoid conflicts between aircraft, whether they’re drones or whether they’re commercial airliners,” FAA Administrator Michael Huerta told ABC News on Nov. 30.
It’s a position shared by airline pilots, who would face competition from unmanned drones. “Safety must be our top priority,” said Corey Caldwell, spokeswoman for the Air Line Pilots Association.
An FAA report issued in late November counted 25 documented near-misses between drones and commercial aircraft since June 1. Most took place during takeoffs and landings at major U.S. airports.
Most commercial drones would be used for jobs at heights below 400 feet, too low for conventional manned aircraft, Drobac said. The two technologies will mostly complement each other. “Will this reduce the number of jobs for some? Absolutely. Will it create more jobs for the people getting into the new technology? Yes,” he said.
Under current law, flying drones for commercial purposes is prohibited without a special permit from the FAA. The administration grants them largely on a case-by case basis, and only seven have been granted to date, mostly to the movie industry.
Flying a drone for noncommercial purposes, on the other hand, is generally allowed, provided it is not done “recklessly.” The policy was intended to protect model airplane enthusiasts, but is widely seen as outdated. For one thing, there is no clear definition of what constitutes “commercial” use. A farmer flying a drone over his fields for the heck of it presumably would be legal, but he would taking a risk if the drone took pictures to evaluate crops or see if the irrigation system was working.
The FAA has rarely enforced its rules on drones, but that is changing. The agency appealed a March ruling by a National Transportation Safety Board administrative law judge that found the FAA lacked authority to fine a drone operator.
The case involved a man who was filming a commercial in Charlottesville, Va., using a radio-controlled plane with a 56-inch wingspan that can be ordered online for $130. The operator allegedly flew it too close to pedestrians. The judge said the device didn’t meet the definition of “aircraft.”
The NTSB overturned the judge’s ruling in November, saying that unmanned flying devices still counted as aircraft, regardless of their size.
“The [legal] definitions on their face do not exclude even a ‘model aircraft’ from the meaning of ‘aircraft,’ ” the NTSB said, in effect vastly expanding the FAA’s authority.
“When you are talking about a model aircraft you can get from Toys R Us, does the FAA now have jurisdiction over those? It would appear yes,” Drobac said.
