FAA passes new rules for drone flights

The future of traffic law is up in the air.

The Federal Aviation Administration has approved its much-awaited new rules for commercial drone operators. The new rules eliminate the need for drone operators to have a pilot’s license and the reliance on case-by-case waivers from the FAA, both of which should put wind beneath the wings of a rapidly-growing industry.

The new rules, which take effect August 29, provide that unmanned aircraft must weigh less than 55 pounds and limits drone operation to daylight hours, maximum speeds of 100 mph, and a maximum height of 400 feet. Operators must maintain a visual line of sight with their drones and have a remote pilot certificate, which requires passing a (yet to be devised) written aeronautical knowledge test, but is substantially less onerous than obtaining a pilot’s license.

In its announcement of the new rules, the U.S. Department of Transportation cited industry estimates predicting that the rule could generate more than $82 billion for the U.S. economy and create more than 100,000 new jobs over the next 10 years. Much of that envisioned work involves surveying and photographing in areas that would be too dangerous for humans.

“We are part of a new era in aviation, and the potential for unmanned aircraft will make it safer and easier to do certain jobs, gather information, and deploy disaster relief,” said U.S. Transportation Secretary and former Charlotte mayor Anthony Foxx. “We look forward to working with the aviation community to support innovation, while maintaining our standards as the safest and most complex airspace in the world.”

Drones’ capacity for aerial photography has raised numerous concerns about privacy, concerns that Foxx said the DOT was working to address. The regulations preclude drone flights over anyone not directly participating in an operation or inside of covered structures. The FAA will also offer drone operators guidance on protecting privacy.

The rules, which do not apply to hobbyists, are currently undergoing a 60-day comment period before they become finalized.

The rules make no provision for self-autonomous drone flights, such as the sort drone-delivery service envisioned by companies like Amazon, but FAA Administrator Michael Huerta said the rules were “just our first step. We’re already working on additional rules that will expand the range of operations.”

The drone industry reacted positively to the new rules, which hew closely to draft rules that were published in February 2015.

“Today’s release of the final [small unmanned aircraft] rule by the FAA is a critical milestone in the integration process, and a long-awaited victory for American businesses and innovators. It establishes a clear regulatory framework and helps to reduce many barriers to civil and commercial operations, allowing anyone who follows the rules to fly in the national airspace,” said Brian Wynne, president and CEO of the Association for Unmanned Vehicle Systems International following the announcement.

Airline pilots have raised concerns about the increasing use of drones, arguing that they increase the risks of mid-air collisions. The new rules should help address those concerns, but the next trick for the FAA will be enforcing them—the FAA estimated that 1.6 million small aircraft will be sold this year, and the new rules make no provisions about penalties for their violation.

Follow David Donovan on Twitter @NCLWDonovan