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State Regulation Of UAVs Not Legal + FAA Grounds Another Real Estate Photographer

March 17th, 2013

AirSpace

The Good News: via photoattorney.com

In a recent public hearing on the proposed New Hampshire State NH House Bill 619-FN (the proposed bill prohibiting images of a person’s residence to be taken from the air) New Hampshire State legislators were educated by a Brigadier General from the US Army. He reminded the NH House Criminal Justice and Public Safety committee that the airspace above New Hampshire is not owned by New Hampshire, but by the United States of America, and therefore controlled by the FAA.

This is significant because as I reported last month there are a bunch of States working at each cooking up their own state laws to regulate UAVs. Just google “who controls US airspace” and the first line google returns is a Wikipedia article on “Air rights” that states that, “In the United States, the Federal Aviation Administration (FAA) has the sole authority to control all airspace, exclusively determining the rules and requirements for its use.” Further, the Wikipedia article sites the Federal Aviation Act of 1958 as the authority makes the FAA is the sole controlling authority for the US air space.

Apparently the NH bill is tabled as a result of the hearing. I predict similar results for the other State attempts to regulate UAVs. None of the bills are likely to progress past legal review. This probably means that UAV real estate photographers are going to have to wait for the FAA process to integrate UAVs into the US airspace to complete in 2015 before this whole issue is resolved.

The Bad News: via theblaze.com

The FAA grounds another real estate photography business. Charles Eide and Mike Danielson (flyboysair.com) an aerial real estate photography/cinematography operation in Brooklyn Park, Minnesota has been grounded by the FAA. This is the first grounding outside of California that I’ve heard of.

Note: My purpose in reporting these items is to report on the state of unmanned aerial photography for real estate, not to stimulate a political discussion. It is obvious that is not possible so I’m turning off comments on this post and deleting previous comments. I apologize for not having this post closed to comments from the beginning.

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