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Field Preemption: FAA Regulations Trump State & Local Drone Laws

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Can states and local authorities regulate drones?   In this episode of Drone Law Radio, Sarah Nillson and Enrico Schaefer discuss the FAA Fact Sheet on federal preemption, state and local drone laws, private property rights above the ground and other hot topics. The December 17, 2015 FAA Fact Sheet seeks to educate state and local lawmakers on the ‘field preemption’ …

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DJI’s Brendan Schulman talks about fighting back state and municipal drone laws.

In Drone Law Blog, Field Preemption Drone Laws, State Drone Law by Enrico Schaefer1 Comment

States and municipalities are passing restrictive drone laws at a record pace.  The FAA argues that these local laws are preempted by the FAA’s exclusive regulatory authority over the national airspace.  A December 17, 2015 FACTSHEET issued by the FAA to state and municipal authorities essentially told states and municipalities to ‘back off.’ In this interview, drone attorney and DJI policy wonk …

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Can States Regulate Drones? FAA Regulations Preempt Most State Done Laws.

In Drone Law Blog, Drone Litigation Cases, State Drone Law by Enrico SchaeferLeave a Comment

The FAA has stated clearly that states can not regulate drones if those regulations conflict with FAA jurisdiction over the national airspace.   Some quotes from the FAA telling States to back off drones: States and local jurisdictions are increasingly exploring regulation of UAS or proceeding to enact legislation relating to UAS operations. A consistent regulatory system for aircraft and use of airspace has …

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How the State of Alaska is Winning at Drone Integration

In Drone Law Blog, State Drone Law by Enrico SchaeferLeave a Comment

Many states  are considering, or even passing, laws which seek to limit drone use by both commercial and recreational users.  In many instances, this is a uninformed ‘knee jerk’ reaction to some of the more popular myths about drones.  These include the fallacies that drones can be used to spy on you, see in your windows, invade your privacy or trespass …

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Florida’s New Drone Law Creates FAA Compliance Confusion

In Drone Law Blog, Florida Drone Law, State Drone Law by Enrico Schaefer1 Comment

In May 2015, Florida passed the Freedom from Unwarranted Surveillance Act (“Act”) [FL Statute 934.50], greatly restricting drone usage within the state. Aimed at promoting privacy, the Act prohibits individuals from purposely surveilling privately owned real property OR the owner/occupant thereof. With the Federal Aviation Administration (“FAA”) allowing general civilian drone use and issuing exemptions to allow commercial drone use, …

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Criminal Charges Filed Against Teacher Who Crashed 3DR Solo Drone into U.S. Open

In Drone Law Blog, State Drone Law by Enrico SchaeferLeave a Comment

How might ‘The U.S. Open Drone Guy” defend himself in Court? You can be prosecuted for violating FAA regulations, or state criminal laws for negligent or reckless drone operation.  Just ask Daniel Verley. He crashed his drone into the stands at the U.S. Open tennis tournament and has already been charged with criminal recklessness. What are the possible defenses Daniel Verley can assert against the criminal …

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State UAV and Drone Laws

In Drone Law Blog, State Drone Law by Enrico Schaefer

States are enacting new UAS and drone laws at a rapid pace. Whether state laws are preempted by federal regulations which grant permission to fly will be one important issue.  Contact a drone lawyer today if you have questions about the drone laws in your state.