On Dec. 21st, 2016 the FAA announced that more than 600,000 drone users have been added to a public registry. The FAA expects the combined total sales of both recreational and commercial drones (small unmanned aircraft systems) to steadily increase from 2.5 million in 2016 to 7 million in 2020.
This is great news for market leaders like DJI and others who manufacture, sell or support small drones but their low cost, small size and ease of use can also bring along a host of related potential problems for some entities if not properly wrangled in. This is even more important when you consider that many people flying drones today have very little experience operating them safely.
This recent drone ubiquity has forced many of our clients to implement specific policies directed towards keeping drones under control when operating from property they own or manage. The reasons for this stem mainly from the need to assure that drones and their operators follow all applicable laws in order to protect both safety and privacy. Such policies typically come from risk managers and safety officers employed at larger, culturally significant public and private properties. A few examples include public parks, colleges and universities, museums and historical landmarks, among others.
In general, these policies require drone operators to comply with all existing State, Federal and City laws for drone use. They also require advance permission (permit) that details specifics about the intended use of drones. And lastly, they include provisions that prohibit using a drone in a manner that would invade a reasonable expectation of privacy. It is important when drafting such policies that they do not conflict with existing FAA regulations, as these have preemption. These policies must also be regularly revised as FAA rules change frequently at this stage of the game.
Unfortunately drones open up an entirely new arena that often isn't addressed properly through existing policies. Failure to have instituted a drone policy can implicate a property owner in the event of an accident or privacy violation in subsequent legal proceedings if it can be shown in court that the entity was aware of the issue and took no action.
A well crafted drone policy is almost always preferred to an outright ban on drone use as it allows for countless beneficial drone uses by qualified personnel for marketing, inspection, mapping and countless other useful purposes.
