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Air Aviation Case Study

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Federal legislation Public Law 112-95 – FAA modernization and Reform Act of 2012 charged the Department of Transportation and the FAA to finalize and integrate UASs into the NAS with the intent of allowing commercial operations (Public Law 112-95, 2012). Any aircraft that operates within the NAS needs to be certified, registered, and controlled by a licensed pilot (non-model aircraft). With the passing of Public Law 112-95 UASs pilots could now request an exemption to these requirements under Section 333 (Section 333, 2017). This set the frame work for commercial UASs operations prior to the full implementation of 14 CFR Part 107. In late August 2016 the FAA fully implemented Part 107 of the Federal Aviation Regulations (FARs); setting…show more content…
Areas most likely to see new legislation and ordinances from state and local governments will be the use by public entities such as law enforcement. As discussed above in California v. Ciraolo law enforcement aircraft can be used to obtain a search warrant based on observation from within the navigable airspace but, UASs operations differ. Due to limitations of UASs flight time, altitude restrictions, and LOS restrictions just flying them for routine patrols is unrealistic. Therefore, states should be able to develop legislation that requires a warrant already be issued prior to the use of a UASs, this would preclude law enforcement agencies from using a UASs in unwarranted surveillance (National Conference of State Legislatures, 2017). States are also concerned about their citizen’s privacy and some have taken action to introduce legislation to protect people’s privacy specifically addressing UASs. California introduced legislation that forbids flying a UASs with a camera over private property without permission of the owner (National Conference of State Legislatures, 2017). Nevada passed legislation where you cannot fly a UASs over someone’s property at less than 250 feet AGL if the owner has previously stated to not fly over their property (National Conference of State Legislatures, 2017). These are a couple of examples that are focused at the hobbyists’ use of UASs but could impede on commercial
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