The FAA has “exclusive authority” over the nation’s airspace and air traffic control, the agency asserted last week, responding to efforts by cities and towns to regulate drone use. “State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace,” the FAA said. Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace and air traffic control. However, the regulation of aircraft landing sites does involve local control of land and zoning, the FAA noted, and laws traditionally related to state and local police power – such as land use, zoning, privacy and law-enforcement operations – generally are not subject to federal regulation.
For example, the FAA said, local laws may be enacted that would require police to obtain a warrant prior to using a drone for surveillance, or to specify that camera-equipped drones may not be used for voyeurism or harassment. Also, laws prohibiting attaching firearms or other weapons to drones can fall under local jurisdiction. The federal Department of Transportation is working on a UAS Integration Pilot Program that will provide the FAA with insight and recommendations regarding how to best define the various government roles in the process of integrating drones into the national airspace. Ten state, local and tribal governments have been chosen to participate in a pilot program, working with private-sector partners to explore the options for the integration of drone operations.
