Donald Scarinci
Firm Managing Partner
201-896-4100 dscarinci@sh-law.comFirm Insights
Up, Up and Away? FAA Proposes Commercial Drone Regulations
Author: Donald Scarinci
Date: May 28, 2015
Key Contacts
Back
In February, the Federal Aviation Administration (FAA) released its much-anticipated commercial drone regulations.
While the proposed drone regulations relax some restrictions, there is still along way to go before businesses will be able to fly the friendly skies.
The FAA’s Notice of Proposed Rulemaking addresses the growing proliferation of small, unmanned aircraft systems (UAS), more commonly called “drones.” Under current rules, drones can only be used for recreational purposes, unless the operator obtains special authorization from the FAA.
Under the FAA’s proposed framework:
- A small UAS is defined as less than 55 pounds.
- Small UAS operators must be at least 17 years old, pass an aeronautical knowledge test and obtain an FAA certificate.
- Small UAS operators must maintain visual line of sight (even if using a spotter) and may only operate during daylight hours
- A small UAS may not fly over people, except those directly involved with the flight.
- Operators cannot allow any object to be dropped from the UAS.
- Flights are limited to 500 feet altitude and no faster than 100 mph.
- Operators must stay out of airport flight paths and restricted airspace areas, and obey any FAA Temporary Flight Restrictions (TFRs).
The proposed rule also addresses the possibility of an additional, more flexible framework for “micro” UAS under 4.4 pounds. The FAA is asking the public to comment on this possible classification to determine whether it should include this option as part of a final rule.
Separately, the White House issued a Presidential Memorandum regarding privacy, civil rights, and civil liberty concerns raised by the federal government’s use of UAS within the United States. The administration also indicated that it plans to meet with stakeholders to “develop and communicate best practices for privacy, accountability and transparency issues regarding commercial and private UAS use.”
While the FAA’s rule proposal is certainly a good start, businesses that wish to legally use drones will still need to obtain an exemption for the foreseeable future. At a recent Congressional hearing, Gerald Dillingham, the director of civil aviation for the Government Accountability Office, testified that he did not expect finalized rules until at least 2017.
- Practices: Corporate Transactions & Business
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate
The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand
Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them
The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman
When a Child Turns 18: The Gap in Your Family’s Estate Plan
Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.