By David I. Grunfeld
Drones, technically called Unmanned Aircraft Systems (UAS), are a technological development being utilized more and more in the personal, commercial and governmental sectors.
Federal registration is required, whether for personal or commercial use, for drones weighing between 0.55 and 55 pounds. The FAA in 14 CFR part 107 has also adopted basic guidelines for flight safety, and operators must take a test and carry proof of test passage. There are many rules about no-fly zones for recreational users, including references to places, altitude, line of sight and speed. Statutory authority for these regulations comes from 49 U.S.C. 44807.
Commercial operators must comply with the Code of Federal Regulations and be certified separately by the FAA. There are many more rules for them.
Pennsylvania’s state rules are published within the crimes Code, title 18 PA.C.S., at section 3505, codified in 2018. Municipalities are prohibited from enacting their own regulations. Generally speaking, it is unlawful for a person (other than law enforcement officers, firefighters, and certain first responders and utility workers) to conduct surveillance, place another person in reasonable fear of bodily injury, or carry contraband. Aerial data collection, other than surveillance, is allowed as long as FAA regulations are complied with.
You cannot “shoot down” or interfere with a drone; the sky above your property is not yours. A drone does not have to have an identification number on it, as planes do. Nor do they have to file a flight plan. If it seems mysterious, or is bothering you, you cannot do anything about it unless it is violating the law.
Most states and countries have their own laws, so check in advance if you are traveling. Drones are barred within the U.S. National Parks, and many state parks.
In conclusion, the sky is not the limit.
David I. Grunfeld (dgrunfeld@astorweiss.com), of counsel to Astor Weiss Kaplan & Mandel, LLP, is a member of the editorial board of The Philadelphia Lawyer.
