Civil disobedience has become rampant in the United States. This manifests not only as individuals ignoring laws they consider unfair or illegal, but entire municipalities -and even states- ignoring (or directly flaunting) national laws, on a variety of subjects.
Both the political ‘left’ and the’right’ are involved in this; some municipalities and states insist on determining who can enter our country (with or without proper identification and legal right), others determine what gun laws should be added to those legally in place at the federal level. Some determine which national gun laws should be ignored. Everyone has entered the ‘make your own laws’ game, it seems.
The UAS (drone) world is no different. While the FAA (Federal Aviation Administration) claims the sole right to regulate and control U.S. airspace, some municipalities insist on the ‘right’ to add ordinances and rules pertaining to drones – rules and regulations which often directly contradict the intent and letter of the law promulgated by the FAA.
This form of rebellion has become widespread. While there are large interest groups both for and against issues like immigration, gun control, and other national issues, the recreational UAS (RUAS) sector has no large interest group to either A) protect against illogical and draconian drone laws at a federal level and B) protect against extra-legal drone ordinances instituted by many municipalities.
One example is the Peoples’ Republic of Boulder (Boulder, Colorado). They specify no UAS should be flown in Boulder Open Space and Mountain Parks (OSMP), except those under permit for scientific purposes. Denver has similar laws, applying both to its large number of city parks and to its considerable acreage of Denver Mountain Parks. While the FAA specifies no drones should be flown over large groups of people (such as might be encountered in a traditional park), the parks I mention are large open space and mountain parks, with no large concentrations of people. There is plenty of airspace that is not above trails and places larger groups of people might gather. Yet drones are excluded.
The Colorado DOT (Department of Transportation) website merely echoes the FAA regulations, and does not specify extra-legal requirements. In fact, it actually posts links to guides on responsible UAS flying (shown below):
- http://thinkbeforeyoulaunch.com/
- http://thinkbeforeyoulaunch.com/img/TBYL-infographic.pdf (Safety Guide for Recreational UAS Users)
- http://knowbeforeyoufly.org/ (Safety Guide for Recreational UAS Users)
- SmallUAVCoalition.org
- AUVSI.org (Association for Unmanned Vehicle Systems International)
- http://www.modelaircraft.org/files/105.pdf (Academy for Model Aeronautics-AMA Model Aircraft Safety Code)
- http://www.faa.gov/uas/publications/model_aircraft_operators/assets/media/model-aircraft-infographic.pdf (Hobby/Recreational Flying Safety Brochure)
Still, Colorado State Parks (SP Regulation 100-c 24) does not allow UAS flights in Colorado State Parks (except in specifically designated RC model flying areas). The conflicting rules illustrate how the ‘make your own laws’ craze has extended from municipalities, counties, and states to branches of state and federal government.
Other municipalities nationwide have tried to implement extra-legal drone laws, but have been overturned at federal trial. A suburb of Boston (Newton, MA) tried to outlaw drone flights, but a federal judge ruled:
” Newton’s choice to restrict any drone use below this altitude thus works to eliminate any drone use in the confines of the city, absent prior permission… This thwarts not only the FAA’s objectives, but also those of Congress for the FAA to integrate drones into the national airspace. Although Congress and the FAA may have contemplated co-regulation of drones to a certain extent, see 81 Fed. Reg. 42063 § (III)(K)(6), this hardly permits an interpretation that essentially constitutes a wholesale ban on drone use in Newton. “
This has not stopped a number of other municipalities from trying similar regulations. Nevada has a law that allows citizens to sue if drones fly less than 250′ above their property (after being warned once). One Oregon town (Arlington) passed a law that specifies 400′ as the level (effectively excluding drones).
However, seven states have passed laws that forbid municipalities from passing ordinances that regulate drones: Arizona, Delaware, Maryland, Michigan, Oregon, Rhode Island, and Virginia.
UAV Drone Coach publishes a guide to drone laws in the U.S., which can be found at:
The FAA regulations theoretically cover all U.S. airspace, but another branch of the U.S. government is in violation of those rules, and holds a disobedient attitude, somehow claiming it holds the ultimate right to control airspace in the National Parks. The National Park Service excludes the flying of drones at not only national parks, but also above national seashores, national monuments, national recreation areas, and any other land controlled by the NPS. If the federal National Park Service does not obey the laws of the FAA, then it is little surprise the Colorado State Parks service does not obey the laws of the CO DOT (which reflect the current FAA laws).
In addition, the National Forest Service and Bureau of Land Management do not allow drone flights in some areas, such as archaeological sites, and wilderness areas. Of course, any national forest that is under a state of emergency (such as wildfires) excludes drone flights (in accordance with FAA rules against flying over emergency services personnel and sites).
It seems there is more organizational disobedience than civil disobedience by private citizens unaffiliated with any group. Yet the small numbers of civilian violators can be expected to increase, as more restrictive drone laws are considered and put in place.
The FAA’s proposed rules for Remote ID will virtually exclude every current drone from flight (except in small, designated RC model flying areas). Any drone (remote ID-capable or otherwise) that does not have an internet connection will not be allowed to fly.
With most of every national forest lacking internet connection, this virtually excludes all current drones (and even Remote ID-capable drones) from flying in national parks, if the proposed rules are adopted, and once they come into effect. Under these circumstances, I suspect we will see many more instances of civil disobedience, by private citizens ignoring draconian laws that do not accommodate legacy drones (and which appear to be thinly-veiled attempts to clear the skies of recreational UAS (RUAS), in order to pave the way for commercial UAS (CUAS)-based delivery of goods and services).
If the FAA continues to promote and implement laws that share the airspace and increase safety, we can expect fliers to obey those sensible laws. If they choose to implement laws which are unfair or biased towards commercial use, we can expect more and more civil disobedience from recreational fliers. This would exacerbate the situation, result in less safety, and contradict the FAA’s primary goals of airspace and aircraft safety.
The proposed “Remote ID’ rule (FAA Docket 2020-1100) is in the comment period, from January 2020 to 1 March 2020. After that, the FAA will consider the inputs and post their rules (or far less likely, abandon them or modify them). From that point, there will be eighteen months to be in compliance. This means that within the next 3-4 years (at most), all current drones will be grounded, and all drone manufacturers will have to make drones compliant with the new FAA regulations.
At that point, we can expect a marked increase in civil disobedience (at least in regards to drone laws). Sensible laws do not require enforcement, since virtually everyone recognizes the need for and fairness of the laws. Draconian, extra-legal, exclusionary, or contradictory laws require a lot of enforcement, if the common citizen cannot easily see the need for and logic of such laws.
Whether this proposed counter-legislation (rules not made by our elected representatives in a legislative body, but instead regulations imposed by civil servants of federal agencies, without consultation with our elected representatives) will result in disobedience is unclear. Only time will tell.
Either way, the more municipalities’ ordinances agree with state laws, and state laws agree with national laws, promoting a sensible, safe set of rules for aircraft and use of airspace, the more we will have safe fliers who willingly comply with the laws.
