Drones in the National Airspace

Abstract

Some visionaries believe in a robotic future where drone aircraft will home-deliver your take-out Burrito. Unfortunately, the FAA Modernization and Reform Act of 2012 does not provide a durable framework for us to welcome the arrival of the drones. This review contrasts elements of the Act in context with the historical development of aviation law. The author advocates a framework that enables robotic aircraft to enter the national airspace through modification of existing government regulations, specifically repudiating the idea that drones represent a new paradigm that can only flourish in the absence of regulation. Government should continue to employ a system founded on proven engineering standards, empowered by long standing Statutes, to carefully scrutinize the inherent engineering of drone aircraft prior to issuing an “airworthiness certificate.” These inspections exist first and foremost to protect our citizens from aerially inflicted harm to their person or property. To that end, government should continue to certify all “airmen” involved in the operation of flying machines. In order to facilitate public acceptance of drones, these aircraft must safely and reliably operate in in accordance with law.