Small UAV Coalition: Industry Reacts to ULC Draft Tort Law on Drones

On July 5, the Small UAV Coalition joined multiple industry associations in a letter of opposition to the Uniform Law Commission’s (ULC) draft drone tort law that would, among other things, create a new per se aerial trespass tort. This measure would give property owners the right to exclude UAS operations below 200 feet over the owner’s property. The ULC considered the draft, offered by the Tort Law Relating to Drones Drafting Committee, during its July 25 meeting in Louisville, Kentucky. The ULC decided that the Drone Tort Committee would continue to work on this draft over the next year, seeking involvement of the FAA and industry stakeholders. Adoption of the drone tort law is scheduled for next summer in Anchorage, Alaska.

The opposition letter outlined industry concerns while affirming federal preemption authority, noting that the draft “interferes with the plenary authority of the Federal Aviation Administration.” Furthermore, “state and local laws purporting to establish such zones stand in direct conflict with federal regulation of air navigation.” For more details, find the industry association letter here. The Department of Transportation General Counsel and FAA Chief Counsel also wrote to the ULC, objecting to any suggestion that DOT or FAA supports the per se aerial trespass tort created by the Committee.

(Source: Small UAV Coalition July Newsletter)