Considering Regulation of Small Unmanned Aerial Systems in the United States

Abstract

The regulation of small unmanned aerial systems, in the United States, currently consists of a narrowly defined exemption for hobbyists and a general ban, without special authorization, for all commercial and most other activities. Recent challenges to the FAA's authority to regulate small UAS have raised interesting legal questions. This paper examines the basis for such regulation and proposes a way forward analogous to the use of free balloons and ultralight vehicles. It is proposed that small Unmanned Aerial Vehicles (UAVs) not require registration, pilot certification or licensing. Instead, a regime for limiting harm from their operations through design requirements (to qualify for the registration/certification/licensing exemption) and a code of conduct is proposed. This regime, which would apply to all prospective uses of this class of craft (hobbyist, educational, scientific, commercial, etc.), is presented and evaluated through the consideration of several case studies.