All The Buzz About Drones

Updated July 29, 2016

Effective August 6, 2016, it is a class 1 misdemeanor to operate a UAS in violation of a federal law or regulation or to interfere with a law enforcement, firefighter, or emergency services operation using UAS.  The law further does not allow a city, town or county to enact or adopt any ordinance, policy or rule that relates to the ownership or operation of a UAS.  However, a city, town or county may enact or adopt ordinances or rules as it relates to public UAS’s or the taking off or landing in parks or preserves owned by the city, town or county.  See A.R.S. 13-3729.

Updated June 21, 2016
DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems – June 21, 2016

Stay Away From Drones – For Now

Updated February 20, 2015

The use of drones is an innovative tool for marketing real estate. However, recently there has been a lot of controversy over whether real estate agents, amongst others, are allowed to use drones or unmanned aircraft systems (UAS) for that purpose. More specifically, the Federal Aviation Administration (FAA) maintains that drones or UASs may only be used for hobby or recreational use. Nonetheless, the FAA permits the commercial use of drones on a case-by-case basis, and an FAA certificate of airworthiness is required. Accordingly, if a drone is used for a commercial purpose, such as to market real estate, the FAA asserts that the user is in violation of FAA regulations and the user could be subjected to a $10,000 fine.

Although the FAA does not currently approve of the use of drones for marketing real estate, the FAA is developing a system for integrating commercial use of drones into the national airspace. To protect and promote real estate agents interests, the National Association of Realtors® (NAR) is working with the FAA to expedite the development of rules to allow real estate professionals to use drones to market properties. However, until clear-cut regulations are released, NAR “recommends against members use of drones for real estate marketing purposes and against hiring companies to do the same until such time as the FAA issues regulations providing for the commercial use of unmanned aircraft.”

For more information regarding drones, go to http://www.realtor.org/field-guides/field-guide-to-drones-and-real-estate and http://www.realtor.org/articles/national-association-of-realtors-policy-statement-unmanned-aerial-vehicles.

Droning On

Update as of February 20, 2015

On February 15, 2015, the FAA issued proposed rules to allow commercial use of UASs. The proposal offers safety rules for UASs that weigh less than 55 pounds. Additionally, amongst other items, the rule addresses restrictions such as time of flights, height restrictions and operator certification. See http://www.faa.gov/uas/nprm/.

Once the proposed rule is publicized in the Federal Register (found at www.regulations.gov), the public may comment on the proposed rule for 60 days. Id. NAR supports the proposed rule and plans on submitting comments. However, until the final rule is published, NAR continues to discourage REALTORS® from using UAS for commercial purposes without an FAA exemption. See http://www.realtor.org/news-releases/2015/02/realtors-applaud-faas-proposed-rule-to-allow-commercial-drone-use-for-real-estate.

Update as of January 15, 2015

While many have heard the recent news that Arizona REALTOR® Douglas Trudeau received permission from the FAA to fly a UAS, it does not mean any real estate agent can use a drone to market their listings. Rather, agents should not use a drone to market real estate unless they receive an exemption from the FAA, like Mr. Trudeau. Stated differently, the FAA prohibits the use of drones to market real estate unless the drone operator receives an exemption from the FAA. Notably, amongst additional extensive rules, Mr. Trudeau’s exemption required either a temporary airman certificate or a private pilot certificate. Accordingly, unless the agent has received an exemption from the FAA, the agent should not fly a drone to market property. Similarly, if a company does not have a drone operator that has received the FAA exemption, agents should not hire that company to market a property for sale.

For more information regarding the FAA’s exemption, go to http://abcnews.go.com/Business/guy-arizona-fly-drone/story?id=28033378.

 

 

 

About the author: Nikki J. Salgat, Esq. is associate counsel to the Arizona Association of REALTORS®. This article is of a general nature and reflects only the opinion of the author at the time it was drafted.  It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.

 

Tags: , , ,