District I—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Andy Argenio
Vice President
brandshobby@gmail.com
3 Sheila Ln., Smithfield RI 02917
Tel.: (401) 231-6901; www.amadistrict-i.org
As drone proliferation and use rapidly increases, city governments concerned about public safety and privacy within their boundaries are proposing drone ordinances under land use and zoning powers. These ordinances often focus on limiting or prohibiting recreational drone operations by hobbyists. This is troublesome because it will expand areas where drones could be regulated beyond just public or city-managed property to privately owned residential and commercial property.
We have noted a correlation with more cities proposing ordinances because of the National League of Cities (NLC) municipal guidelines introduced in August of 2016. It was supposed to represent the first comprehensive report for insight into the FAA’s UAS Part 107 regulations, along with directions to assist local officials and lawmakers in crafting drone ordinances. Unfortunately, many sections within the report are not only misleading but incorrect and in opposition to the FAA’s UAS regulations.
For example, page 24 of the NLC guidelines states, “While careful to stake its federal authority, the FAA expects complimentary and ever-evolving local laws and ordinances to be put in place.”
The FAA State and Local Regulations of UAS Fact Sheet says the opposite: “A navigable airspace free from inconsistent state and local restrictions is essential to the maintenance of safe and sound air transportation system” and “Where Congress occupies an entire field … even complimentary state regulation is impermissible. Field preemption reflects a congressional decision to foreclose any state regulation in the area, even if it is parallel to federal standards.”
Follow the link below the the NLC document for my complete critique in red text within the pages of the guidelines, and the link below the FAA State and Local Regulations of UAS to confirm the misleading and incorrect statements in the NLC.
Unlike state-proposed legislation, which is somewhat easier to identify and oppose with letters of opposition and testimony at hearings, city ordinances are much more difficult to address. There are simply too many cities and their websites often don’t have search capability to easily identify and track ordinances before a hearing takes place. We must rely on AMA members to keep us informed about any UAS/drone legislation being introduced in their local towns and communities.
We have identified several city ordinances in District I and have expressed AMA’s opposition. It is extremely important that local lawmakers and law enforcement recognize that the FAA provides two options for recreational remote pilots to operate in the national airspace. Each option has specific operational requirements and limitations.
To become more proactive in addressing municipal ordinances, we created an AMA Drone Regulatory Guidance for Cities and Law Enforcement document. The document outlines the distinct UAS flight operational differences between AMA community-based organization members, and nonmember remote pilots. The document contains 11 operational differences, their requirements, limitations, and authorization.
We intend to either email or deliver the documents to city lawmakers and law enforcement for consideration when creating and enforcing local drone regulation. This is not meant to be in opposition, but to complement and be consistent with the applicable federal regulations for recreational remote pilots to operate UAS safely and responsibly within their cities.
Follow the link below the image of the AMA document to the complete regulatory guidance document for municipalities. These documents will be added to the AmaMapAid webpage from last month’s column at www.amadistrict-i.org/mass-d1.
Happy New Year, everyone!
View at www.amadistrict-i.org/nlc.
View at www.amadistrict-i.org/faa.
View at www.amadistrict-i.org/uas.
Associate Vice Presidents: Steve Brehm, Jamestown RI; (401) 423-1085; stbrehm@yahoo.com; Andrew Figlar, Stratford CT; (203) 377-1535; Andrew_L_Figlar@sbcglobal.net. James Gilliatt, Concord MA; (978) 369-9796; jegilliatt@cs.com; Daren Hudson, Greenland NH; (603) 674-5809; dth7@comcast.net; Robert Kilmon, Nashua NH; (603) 594-2725; rk102136@aol.com; Ray LaBonte, Standish ME; (207) 892-7994; rplabonte@aol.com; Joan Liska, Middletown CT; (860) 347-0257; jlliska9000@sbcglobal.net; Thomas J. Puma Jr., North Clarendon VT; (802) 558-4439; usakingcat1@aol.com; Tom Rocheleau, Wethersfield CT 06109; (860) 280-1701; trocheleau@cox.net; Ted Wojcik, Fremont NH; (603) 479-3799; tedwojcik@comcast.net. Contest Coordinator. David Surwell, 24 Norwich Rd.; Nashua NH 03062; (603) 888-2020; davidsurwell@comcast.net; Frequency Coordinator. Joel Chappell, Milford NH; (603) 673-6240; joel.b.chappell@myfairpoint.net
