A partner at Pillsbury Winthrop Shaw Pittman, LLP, Hugh M. Ray III practices at the firm’s insolvency and restructuring practice in Houston, Texas. In addition to handling commercial litigation and reorganization cases, Hugh Ray III regularly speaks on the law of drones, or unmanned aircraft systems (UAS).
The Federal Aviation Administration (FAA) requires commercial drones in the United States to be registered with the organization before the owners operate them. Drones that qualify for part 107 registration must weigh between 0.55 and 55 pounds. This weight includes added payloads, such as an onboard camera. UAS owners must also be at least 13 years old to register. Owners who operate a drone without registering it are subject to criminal and civil penalties.
In most cases, drones in the US must be registered under the FAA’s Small UAS Rule (Part 107) or the Special Rule for Model Aircraft (Section 336). Drones registered under part 107 have specific restrictions on both hobby and commercial use. They must be flown within a visual line-of-sight, away from "no drone" areas (such as near airports or Washington, D.C.) and must weigh less than 55 pounds. Meanwhile, drones filed under the Small UAS Rule can be used for recreational or commercial purposes. But they also cannot be flown at night, near other aircraft, over crowds of people, or outside the visual line-of-sight. Commercial operators must obtain a Remote Pilot Certificate. In addition, several states and local governments have enacted their own regulations on drone use.
Non-commercial registration with the FAA is a relatively simple process and requires an email address, home address, name, and the make and model of the UAS. The FAA charges $5 per aircraft for the registration, which lasts for three years.
