(Bloomberg) -- Reports of mysterious flying objects that began in New Jersey in mid-November and quickly spread throughout the Northeast have prompted concern and speculation from civilians and local lawmakers. But federal officials said it’s the attention to the array of aircraft that populates American airspace every day that’s new, not what’s up there.
In a Dec. 16 joint statement, the Federal Aviation Administration and three other federal departments and agencies said that the more than 5,000 reported sightings were “a combination of lawful commercial drones, hobbyist drones, and law enforcement drones, as well as manned fixed-wing aircraft, helicopters, and stars mistakenly reported as drones.” Officials said there’s no evidence that the sightings are a threat to national security or public safety.
However, in the days after, the FAA imposed temporary bans on drone flights over a number of areas in New Jersey and New York in what officials called strictly precautionary measures.
The phenomenon kicked off a national discussion of the laws and regulations that govern commercial and recreational drones — a discussion that’s likely to continue as these remote-controlled aircraft become more commonplace in the nation’s skies. The FAA estimates there are more than 1 million drones registered in the US, a figure projected to as much as triple by 2028, and that about 42 million drone flights take place annually.
How are drones regulated in the US?
Civilian and commercial operators can fly drones in most locations in the US as long as they meet certain basic requirements. According to the FAA, operators generally must fly drones under 400 feet, keep them in sight at all times, avoid other aircraft, keep them out of restricted airspace, and not cause hazards to people or property. As of 2015, all drones that weigh more than 0.55 pounds must be registered with the FAA, whether they’re being flown for recreational or commercial purposes.
How do the rules for recreational and commercial use differ?
Civilians flying drones for recreational purposes have to pass a safety test, known as “the Recreational UAS Safety Test,” or TRUST, exam, and stick to the basic requirements mentioned above.
The rules for commercial operators, who use drones for real estate photography, package delivery, aerial mapping, and a range of other purposes, are more complex. Pilots require special certification from the FAA and have to pass a background check and a knowledge test.
Commercial drone operators can receive waivers from some restrictions — such as the rule against flying a drone above 400 feet — if they prove they can maintain an appropriate level of safety. Several companies have successfully received waivers to use drones for package delivery without visual observers on the ground. The companies include United Parcel Service Inc.’s UPS Flight Forward and Zipline International Inc.
However, drone companies say the current reliance on exemptions is cumbersome. The industry is eagerly anticipating a proposed FAA regulation that would set a framework for companies to operate their drones beyond visual lines of sight without needing a waiver. FAA officials have said the proposal could come as soon as the end of this year or early next year. But it’s unclear how the rules would be impacted by Donald Trump’s assumption of the presidency on Jan. 20, after which a regulatory freeze will likely go into effect.
This summer, the FAA cleared several drone companies, including Alphabet Inc.’s Wing Aviation and Zipline, to fly their drones simultaneously in the same airspace, using drone-traffic technology to keep them apart. Prior to the approval, operators either had to fly in different areas or pilots had to call each other if they thought a route might overlap.
Is it legal to interfere with drones?
A number of elected officials, including Trump and Democratic US Senator Richard Blumenthal of Connecticut, have suggested drones spotted in recent weeks across the Northeast should be shot down. Doing so is illegal, however. Under federal law, anyone who “sets fire to, damages, destroys, disables, or wrecks any aircraft” in US airspace faces fines or as many as 20 years in jail.
The FAA in a Dec. 18 press release emphasized the danger of shooting at drones. “An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air,” the agency warned.
According to the FAA, pointing lasers at any manned or unmanned aircraft is also a federal crime. On Dec. 16, the Newark, New Jersey field office of the FBI said that it was receiving more reports of pilots of regular manned planes being “hit in the eyes” with lasers wielded by people on the ground who thought they were pointing the devices at drones.
What if a drone is a genuine threat?
Under the Preventing Emerging Threats Act of 2018, the Department of Homeland Security and the Justice Department have the authority to detect, identify and track a drone without the consent of the operator; disrupt the drone’s operations; seize control of the drone; confiscate the aircraft; or use “reasonable force” to disable or destroy it. Officials can take these actions when a drone poses a threat to certain facilities, such as government buildings or prisons, as well as mass gatherings.
The law is set to expire on Dec. 20. A bipartisan short-term government funding plan unveiled by Congress on Dec. 17 would have extended those powers, but Trump pressured Republicans to abandon the deal, throwing the negotiations into chaos. Several other bills being considered by Congress would expand the anti-drone powers of law enforcement officials at the federal, state and local levels. Those include a bill in the Senate that officials from DHS and the FBI called on lawmakers to pass during a Dec. 14 background briefing on the New Jersey sightings.
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