Aviation Law: Incorporating Unmanned Operations

Abstract

Aviation law developed in an era consisting almost entirely of manned operations. The introduction of unmanned aircraft into this legal and regulatory framework raises questions as to the applicability of much of that framework to unmanned operations. This chapter summarizes the evolving federal statutory and regulatory response to unmanned operations, which during the past 5 years reflects clear congressional direction to and response by the Federal Aviation Administration to integrate unmanned operations into the national airspace. This chapter also summarizes the impact of various state and local governmental responses to the increase in unmanned aircraft systems (UAS) operations, in light of the current statutory and regulatory framework providing for federal sovereignty over navigable airspace and preemption of state authority over flight operations while retaining for States responsibility for land use and property ownership. Because the doctrine of federal preemption, which derives from the Supremacy Clause of the US Constitution, restricts state and local governmental authority for regulating flight operations in navigable airspace, full incorporation of unmanned operations into navigable airspace may well result in redefining well-established roles and responsibilities for regulating certain UAS operations, especially those in low-altitude airspace.

The views and positions expressed herein are solely those of the authors and do not reflect the views or positions of the Federal Aviation Administration.