Jetrader - Spring 2015 - 31

aircraft. The FAA further stated, "[a]ny
operation not conducted strictly for hobby or
recreational purposes could not be operated
under the special rule for model aircraft...
Likewise, flights that are in furtherance of a
business, or incidental to a person's business,
would not be a hobby or recreation flight."
Delivering packages for a fee, crop surveillance for commercial farming or commercial photography, whether for purposes
of selling real estate or otherwise, are
identified in the interpretation as, "not
hobby or recreation." In developing future
UAV regulations, the FAA indicated that it
could apply the provisions of FAR Part 91,
rules that apply to the operation of general
aviation aircraft.
With this interpretation, the FAA
lays claim to its territory and foreshadows regulations to come. In the meantime, non-hobbyist UAV operators have
limited options. Apply for a Certificate
of Airworthiness, a Special Operations
Certificate, a special operations permit or
operate at one of six designated test flight
locations. These processes are lengthy
and inconvenient.
What about privacy? The U.S. Congress
worked to expand the FAA's oversight to
include privacy issues, but the bills never
passed the House. In the absence of federal
regulation and to appease a wary public
looking for protection from prying eyes in
the sky, the states and even some cities
are passing their own laws. While some
address operations (which are likely to be
overridden by eventual FAA regulations),
they largely address privacy issues whether
by law enforcement or private operators.
Texas, for example, permits 19 ways
in which a UAV may be used to capture
images.4 The law does not address how UAVs
are used, but only how they can be used.
Georgia may pass a similar law in the 2015
legislative session. 5 While Texas' law is limited in scope, laws passed in other states,
particularly those that address operations,
have not been.
The concern is that well-meaning state
legislators don't pass laws that needlessly
constrain the industry or create a patchwork of laws that are difficult to comply
with. When the FAA acts, it is foreseeable
that they will not only regulate operations,
but operators themselves. They will likely
require a new set of operator qualifications,
including licensure, that could follow and

possibly approach the regulations for Part
91 general aviation operations. If Congress
authorizes the FAA to act on privacy, a
more dependable national framework could
develop in favor of the patchwork of state
and local laws now developing. Stay tuned.
In the meantime, the space will continue
to expand as a new segment of the aerospace industry.
Don Mitchell is a partner with the law firm
Smith, Gambrell & Russell, LLP and concentrates his practice in United States and

cross-border aviation equipment finance
transactions and litigation. Please email
any questions, comments or suggestions for
future topics to dmitchell@sgrlaw.com.
©2015 Donald B. Mitchell
1
2
3
4
5

Public Law 112-95
Canada does; see Transport Canada Advisory
Circular (AC) No. 600-004
Docket No. FAA-2014-0396
Tex. Stat. Ann. § 423.001
2015-2016 Regular Session - HB 5 - Unmanned
aircraft; provide lawful use; prohibit capturing
certain images; provisions; House Prefiled

Worldwide Aircraft Disassembly and Recycling
* Mobile Aircraft Disassembly
& Part-Out
* Mobile Aircraft Recycling
* Dual AFRA Accreditation
* FAA Licensed Technicians

708847_AircraftD.indd 1

* Daily Inventory of Parts
Removed
* Pack & Crate Services
* Hull Recycling Credit
* Custom Recycling Programs

Jetrader * Spring 2015 31 PM
8/27/14 2:47

http://www.aircraftdemolition.com

Jetrader - Spring 2015

Table of Contents for the Digital Edition of Jetrader - Spring 2015