New FAA Fact Sheet dated July 14, 2023

[Dmcvey]

New FAA Fact Sheet on state rules.

 

[Yorkshire_Pud]

Can't they write in every day English? A layman would probably need a legal dictionary to understand what I have read so far, I do lol. Or is this written for state level lawyers who have already digested a legal dictionary? Or has Sir Humphrey Appleby been reincarnated ?

Though I begin to wonder if this is aimed at a certain city ?

 

[GFields]

Thanks for sharing

 

[Dmcvey]

Here is one thing I saw:

EXAMPLES OF STATE AND LOCAL LAWS ADDRESSING UAS THAT WOULD LIKELY NOT BE SUBJECT TO FIELD OR CONFLICT PREEMPTION.

UAS registration requirements that are ministerial and do not directly or indirectly regulate aviation safety or the efficient use of the airspace.



Does this read the states can require state level drone registration? Ministerial: An act performed by a government employee following explicit instructions in a statute or other legal authority, or directions given from a superior, without exercising any discretion or independent judgment. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses.

 

[mavic3usa]

Here is one thing I saw:

EXAMPLES OF STATE AND LOCAL LAWS ADDRESSING UAS THAT WOULD LIKELY NOT BE SUBJECT TO FIELD OR CONFLICT PREEMPTION.

UAS registration requirements that are ministerial and do not directly or indirectly regulate aviation safety or the efficient use of the airspace.



Does this read the states can require state level drone registration? Ministerial: An act performed by a government employee following explicit instructions in a statute or other legal authority, or directions given from a superior, without exercising any discretion or independent judgment. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses.

Not a lawyer here but my guess is, let's take NYC for example, if you want to get thru their permit system faster, you can register your drone with the NYC authorities and they will keep a history of your requests and be able to offer you perks such as get your 9th flight approved and the 10th flight is 50% off.

 

[anotherlab]

Can't they write in every day English? A layman would probably need a legal dictionary to understand what I have read so far, I do lol. Or is this written for state level lawyers who have already digested a legal dictionary? Or has Sir Humphrey Appleby been reincarnated ?

Though I begin to wonder if this is aimed at a certain city ?

You can more or less sum it up from the first page:

• States and local governments may not regulate in the fields of aviation safety or airspace efficiency but generally may regulate outside those fields.
• A state or local law will be preempted if it conflicts with FAA regulations.
• State or local laws affecting commercial UAS operators are more likely to be preempted.

 

[Dmcvey]

Not a lawyer here but my guess is, let's take NYC for example, if you want to get thru their permit system faster, you can register your drone with the NYC authorities and they will keep a history of your requests and be able to offer you perks such as get your 9th flight approved and the 10th flight is 50% off.

MN requires state registration and will charge sale tax if it was not collected at time of sale and penalties back to the date of purchase. That is any drone flown in MN not just residing. Registration with penalties was going to be $345.

 

[mavic3usa]

MN requires state registration and will charge sale tax if it was not collected at time of sale and penalties back to the date of purchase. That is any drone flown in MN not just residing. Registration with penalties was going to be $345.

Commercial part 107 only, right? Not for recreational flyers.

 

[Dmcvey]

Commercial part 107 only, right? Not for recreational flyers.

The State of Minnesota does not require registration of recreational drones or model aircraft. Note that Minnesota does require registration of a drone used commercially. If you are unsure whether your intended use is recreational or commercial, please contact the UAS Department at [email protected].

 

[Dmcvey]

From a quick review and input from others, it looks like the FAA gave a nod to MN. Washington does and Utah might have the same rule. In MN, a commercial drone flown in not just residing in state has to be registered.

What is stopping every state now from requiring registration? If you have a fleet of 100-200-500 drones tracking that will be a nightmare. Can you imagine Florida after a hurricane with all the claims and inspections?

 

[mavic3usa]

From a quick review and input from others, it looks like the FAA gave a nod to MN. Washington does and Utah might have the same rule. In MN, a commercial drone flown in not just residing in state has to be registered.

What is stopping every state now from requiring registration? If you have a fleet of 100-200-500 drones tracking that will be a nightmare. Can you imagine Florida after a hurricane with all the claims and inspections?

I'm not a fan because it's none of their business (the registration details) just like it's none of the federal government business to force Americans to register their POVs with Washington DC. Not sure what MN intend to do with that registration but for sure, they will say when you operate a business in the state (whether it's a taxi service or a delivery service or a tree trimming service or a restaurant or a commercial drone service), you need a business license and your tools are subject to reasonable registration.....etc. I certainly cannot see them expanding this to recreational and if you ask me, the state registration scheme shouldn't be allowed by the FAA. I guess they are not stopping you from actually flying but they could stop you from conducting business is the rebuttal. When the state requires registration then a police officer, deputy, or trooper can ask or demand to see your registration details should you find yourself under detention.

 

[Arnold LeVine]

Well, that certainly clears everything up.
Bureaucrats justifying their existence.

 

[bcfd29]

This is NOT intended for system users (as in the users of this site who actually fly) but for regulators, solicitors, (attorneys who work for municipalities) and legal staff working for local and state government. This is all about the feds trying to head off conflicts before they are written codified, and enacted by local (non-federal) legislation (state, city, county, condo nazi's, HOA's, etc.).

The FAA is trying to clarify its boundaries, so that other interests do not conflict. It is going to be interesting as all of this shakes out, and some jurisdictions challenge the FAA mandates (TX and FL come to mind).

It is not deep state paranoia worthy....

 

[Q-F4av8r]

Here's a copy that's word-searchable and the links still work.

 

[Dmcvey]

This is NOT intended for system users (as in the users of this site who actually fly) but for regulators, solicitors, (attorneys who work for municipalities) and legal staff working for local and state government. This is all about the feds trying to head off conflicts before they are written codified, and enacted by local (non-federal) legislation (state, city, county, condo nazi's, HOA's, etc.).

The FAA is trying to clarify its boundaries, so that other interests do not conflict. It is going to be interesting as all of this shakes out, and some jurisdictions challenge the FAA mandates (TX and FL come to mind).

It is not deep state paranoia worthy....

Have you read the document?
1) UAS registrations that are ministerial may not be preempted. IE each state can now require state level registration. Companies that move drones around the country would have a nightmare of tracking.
2) State laws that affect commercial UAS may be more likely preempted. IE since the fed does not require reec registrations the states now could.

 

[mavic3usa]

Have you read the document?
1) UAS registrations that are ministerial may not be preempted. IE each state can now require state level registration. Companies that move drones around the country would have a nightmare of tracking.
2) State laws that affect commercial UAS may be more likely preempted. IE since the fed does not require reec registrations the states now could.

...but I think you are still missing one key point.

Never mind; retracting this statement. At this point, it's too hard to have this discussion when everyone isn't on the same page. It's a difficult topic and no offense to anyone but it sounds like it will sorted without our input.