Unmanned Aerial Vehicles in Construction: An Overview of Current and Proposed Rules

Abstract

Technology is rapidly changing the way in which construction projects are delivered; the use of unmanned aerial vehicles (UAVs) is one such example of this. UAVs have many potential applications in construction from site layout, observation and inspection to monitoring safe practices and more. Unfortunately in the United States, the Federal Aviation Administration (FAA) regulations and state and local regulations often prevent or limit the widespread use of UAVs in many jurisdictions. In February 2015, the FAA released proposed rules for the use of UAVs. Among other things, those proposed rules limit the use of drones to daylight hours and limit the range of drones to the visual line-of-sight of the pilot. In May 2015, the FAA announced it would allow limited testing of UAVs outside the line of sight of pilots. Many states have also enacted or are in the process of enacting legislation to address the use of UAVs. This paper will examine the current and proposed FAA regulations governing the use of UAVs and their applicability to the construction industry, as well as highlight several state level legislative enactments. Additionally, the paper will discuss potential liabilities associated with the use of UAVs on construction sites.