Feds Prosecute Drone Pilot for Mid-Air Collision (U.S. v Hernandez)

DJI will not be banned in the US in 2025, but it now has a year to prove that its drones don’t pose a national security risk.

As The Verge reports, the US Senate passed the National Defense Authorization Act (NDAA) on Wednesday, and it doesn’t include a section that would've halted sales of DJI drones in the US. It does, however, require DJI (and other Chinese drone makers, such as Autel) to get clearance from an “appropriate national security agency" in the next year.

The company will have to prove that none of its “communications or video surveillance equipment” poses an unacceptable risk to national security. If DJI fails to do so, its products will automatically be added to the FCC’s Covered List of equipment that does not have authorization to operate. Devices on that list, like those from Huawei and ZTE, cannot operate on US wireless networks, so as The Verge notes, anything with a radio or camera could be wrapped up in this, not just drones. There are two DJI devices on our best action cam roundup, for example.

In June 2024, the House passed the Countering CCP Drones Act, which put DJI on the FCC’s Covered List, blocking the import of new models and banning the use of any existing DJI device that offers "telecommunications or video surveillance service." Had the full version of the Countering CCP Drones Act been included in the NDAA, it would have resulted in an immediate ban on DJI drones. The defense authorization bill now awaits President Joe Biden's signature.

In 2022, meanwhile, the Defense Department added Shenzhen-based DJI to the list of companies with ties to the Chinese military, effectively banning any US company from doing business with it. (DJI sued over that in October.)

FAA Fining Realtors® $11,000 who hire unlicensed drone pilots
OK, you’re a real estate agent and you need killer aerial footage of your your new listing to move it fast. The licensed and insured drone pilots you’ve found online are too expensive for your taste. You’re tempted to to hire the high school kid down the street with a drone . You figure what’s the harm in helping out a young entrepreneur and saving a few bucks in the process? Apparently plenty from legal, liability, and safety standpoints, not to mention tens of thousands of dollars in federal fines.

Thinking about buying a drone and doing it yourself? Unless you’re willing to dole out a lot of money and commit to a minimum of 40 hours of actual flight training and studying to pass the
quite difficult Part 107 Remote Pilot Airman Knowledge Test, you might want to think again…The FAA has stated that unlicensed drone pilots can face fines starting at $1,100 per occurrence and those who knowingly hire unlicensed pilots can face fines starting at $11,000. You read that correctly: the PERSON WHO KNOWINGLY HIRES AN UNCERTIFICATED REMOTE PILOT FOR A COMMERCIAL OPERATION CAN BE FINED AS MUCH AS 10 X MORE THAN THE PILOT. Licensed drone pilot Paul Charbonnet of Louisiana received an email from the FAA’s UAS Help Team specifically addressing this very issue. In other words, if you are an unlicensed drone pilot and you’re flying over one of your own listings you can be fined twice, adding up to $12,100 in fines.

If you’re shooting your own aerials, or using unlicensed pilots, you’re likely posting these ill-gotten images all over the web and the MLS. It doesn’t take long for a competitor to drop a dime and get the word out. You may not only face federal fines, but sanctions from the National Association of REALTORS® (NAR), who have stressed over and over in recent years to ONLY use professional licensed drone pilots.


Respect and professionalism is a two-way street. You will get better results from a licensed drone pilot. According to MLS statistics, homes with aerial images sold 68 percent faster than homes with standard images. Video tours that incorporate drone footage are also a great way to make your property stand out and to attract new listings. According to the National Association of REALTORS, 73 percent of homeowners say that they are more likely to list with a real estate agent who uses video to market their home; however, only 9 percent of agents create listing videos. An Australian real estate group reported seeing a 403% increase in traffic for listings that included video as compared to listings without.

Lastly, you’ll have the peace of mind knowing the licensed drone pilot in command is the final authority to the safe outcome of a commercial UAS operation. And your wallet won’t be at least $11,000 lighter.

New research dives deep into American attitudes on drone delivery

Last week, a survey tried to explain why some Lockeford residents have been feeling less than enthused about the arrival of Amazon drone deliveries in their city. But a fresh report that has come out today claims that a solid majority of Americans (58%) are in favor of drone delivery.

This new survey, polling more than 1,000 consumers across the US, was commissioned by open source drone software company Auterion. California-based Auterion is working with more than 100 drone manufacturers, many of which are building cargo drones. As such, the success of Auterion’s autonomous mobility platform, in part, depends on how Americans feel about drone delivery.

And here’s what the data from Auterion’s 2022 Consumer Attitudes on Drone Delivery report said:

64% see drones becoming an option for home delivery. Of these:

• 32% think it’s possible now or within the next 1 to 2 years,
• 18% say within 3 to 4 years, and
• 14% within 5 to 10 years.

The minority, 36%, have their doubts, including:

• 20% who think the general public or governments will not approve of large-scale drone adoption for delivery and
• 16% who just prefer that it doesn’t happen.

But a clear majority, 58%, actively favor drone deliveries, with:

• 29% saying they are curious to experience it,
• 11% saying they would try it to determine if it works for their lifestyle, and
• 18% already embracing it as the future of deliveries.

The survey further revealed that nearly half of Americans (47%) would make a purchase from a specific retailer if it had a drone delivery program. A sizable 54% of Americans said they are willing to consider drones as “the new corner store” for conveniently delivering small and last-minute sundries.

Lorenz Meier, cofounder and CEO of Auterion, said:

Americans are ready for drones to deliver their packages, and retailers that adopt and scale drone delivery programs will find themselves ahead of the curve. Cargo is the first instance where most people will directly experience the power of air mobility and autonomous systems — where drones will become a tangible, everyday reality.

Our support of common enterprise use cases in inspections, mapping, search and rescue, and other areas led us organically to work with partners serving one of the world’s largest retailers. Backing this fleet technologically and its large-scale retail operations in urban environments marks a major step forward in scale for us and for the industry as a whole.

That said, the picture is not all rosy. When it comes to the biggest concerns about drone deliveries, 43% of Americans fear the drone will break down and they won’t get their items, and 19% are distressed about not having human interaction with their delivery person. Other concerns, with respondents choosing more than one option, include:

• 39% – that the drone will deliver my items to the wrong address,
• 38% – if something happens to the drone, I won’t get a refund,
• 37% – that my items will get ruined by the travel,
• 35% – that my items will be left unattended, making stealing easier for porch bandits, and
• 32% – that the sky will be cluttered with ugly/noisy technology.

But despite these concerns, more than half of Americans (56%) still feel “comfortable” knowing that drones will be delivering items to their homes or businesses in the near future.

About the Author

Ishveena Singh

    @IshveenaSingh

Ishveena Singh is a versatile journalist and writer with a passion for drones and location technologies. She has been named as one of the 50 Rising Stars of the geospatial industry for the year 2021 by Geospatial World.

United ponies up $10M in flying taxis

ShareBy Cate Chapman, Editor at LinkedIn News

Updated 43 minutes ago

United Airlines is jumping on the flying-taxi, er, bandwagon, placing a $10 million deposit for 100 of the electric vehicles. The taxis, which take off and land vertically, allow for tight maneuvering in cities on the way to and from airports while reducing carbon emissions. United has ordered its fleet from Archer Aviation, becoming the Bay Area-based company's “launch customer” — when the taxis are approved by regulators. The Federal Aviation Administration is developing pilot requirements and expects to certify the vehicles as early as 2024.

• Prices will be similar to Uber Black service, with a trip from Manhattan to a New York airport will cost from $110 to $120.

FAA Reaches One Million Airspace Authorization for Drone Pilots

Friday, February 4, 2022

WASHINGTON – This week, the Federal Aviation Administration (FAA) issued its millionth airspace authorization for drone pilots to use busy airspace safely. The Low Altitude Authorization and Notification Capability (LAANC) automates the process for drone pilots to quickly gain authorization and provides Air Traffic professionals with awareness of where drones may be operating.

“This system has allowed drone pilots to gain timely access to busy airspace without sacrificing safety,” said Teri L. Bristol, the chief operating officer of the FAA’s Air Traffic Organization. “We are grateful to everyone who helped us reach this milestone safely.”

Under Part 107 of the Federal Aviation Regulations, drone operators need to secure approval from the FAA to operate in any airspace controlled by an air traffic facility. Prior to LAANC, airspace authorizations were done manually, which could take drone pilots weeks to get approved. In 2017, the FAA recognized that the manual system delayed the agency’s goal to support routine drone operations and launched LAANC as a prototype for automatic airspace approvals.

Since becoming an official program in 2018, LAANC has provided an automated system for drone pilots– both commercial pilots and recreational pilots - requesting to fly below 400 feet in controlled airspace. Drone pilots are able to request airspace authorizations through any of the FAA-Approved LAANC Service Suppliers up to 90 days before they plan to fly. The system now covers 542 air traffic facilities serving approximately 735 airports. LAANC also allows the agency to provide drone pilots with information and guidance on where they can and cannot fly a drone.

In 2021, the LAANC capability expanded to provide night authorizations to Part 107 Remote Pilots.
Drone pilots can also request airspace authorizations using the FAA DroneZone, including for areas not covered by LAANC or when the operator holds a Part 107 waiver.

For additional information on LAANC, visit the FAA website. For general inquiries on these new regulations and other UAS inquiries, please call 844-FLY-MY-UA or email the FAA.

FAA Releases Vertiport Design Standards to Support the Safe Integration of Advanced Air Mobility Aircraft

Monday, September 26, 2022

WASHINGTON − The Federal Aviation Administration (FAA) today released new design guidelines for vertiports, infrastructure that will support Advanced Air Mobility (AAM) aircraft. The design standards will serve as the initial step to provide key information for airport owners, operators and infrastructure developers to begin development of facilities that will support operations of AAM aircraft that are electrically powered and take-off and land vertically.

“Our country is stepping into a new era of aviation. These vertiport design standards provide the foundation needed to begin safely building infrastructure in this new era.” said Associate Administrator for Airports Shannetta Griffin, P.E.

These Vertical Takeoff and Landing (VTOL) operations will transport passengers or cargo at lower altitudes in rural, urban and suburban areas.

The design standards include critical information that designers and builders will need to follow to allow for safe takeoffs and landings. Some of those include:

Safety-critical geometry and design elements: Dimensions for vertiport touchdown and liftoff areas, additional airspace needed for approach and departure paths and load-bearing capacity. In the future FAA anticipates a high rate of operations at many vertiports.

Lighting, markings and visual aids: Guidelines on markings, lighting and visual aids that identify the facility as a vertiport. The FAA recommends the Vertiport Identification Symbol, as shown in the middle of the graphic below.

Charging and electric infrastructure: Initial safety standards and guidelines for batteries and charging equipment that will be central to vertiports.

On-airport vertiports: Requirements for airports looking to add vertiports to an existing commercial airport, including the distance a vertiport would have to be from a current runway.

Elevated vertiports: Requirements and guidelines for vertiports that may be on top of existing structures.

This vertiport guidance will be used until performance-based vertiport design guidance is developed.

The final design standards are based on research conducted by the FAA, collaboration with industry partners and feedback from the public. The FAA held a virtual Industry Day on March 29, 2022, to discuss the draft standards it released in early 2022.

Tuesday, October 22, 2024

WASHINGTON - The Federal Aviation Administration (FAA) is ready for powered lift, which will be the first completely new category of civil aircraft since helicopters were introduced in the 1940s. Powered lift operations include air taxis, cargo delivery and a variety of operations within urban and rural areas.

The agency today issued a final rule for the qualifications and training that instructors and pilots must have to fly aircraft in this “powered-lift” category, which have characteristics of both airplanes and helicopters. The rule also addresses their operational requirements, including minimum safe altitudes and required visibility. The rule is the final piece in the puzzle for safely introducing these aircraft in the near term. The opportunities for the use of powered lift operations are far reaching, from transporting passengers in urban areas and short-haul operations such as air ambulance services and cargo operations to potentially serving smaller communities over time.

“The FAA will continue to prioritize the safety of our system as we work to seamlessly integrate innovative technology and operations. This final rule provides the necessary framework to allow powered lift aircraft to safely operate in our airspace,” said FAA Administrator Mike Whitaker. “Powered lift aircraft are the first new category of aircraft in nearly 80 years and this historic rule will pave the way for accommodating wide-scale Advanced Air Mobility (AAM) operations in the future.”

The FAA previously determined it could certify powered-lift using existing regulations and updated other regulations so air taxis could be used commercially. Last year the agency released a blueprint for how Urban Air Mobility vehicles will operate, which is a key element in maturing the overall AAM concept.

A new pilot-training and qualifications rule was needed because existing regulations did not address this new category of aircraft, which can take off and land vertically like a helicopter and fly like an airplane during cruise flight. The rule provides a comprehensive framework for certifying the initial cadre of powered-lift instructors and pilots.

The rule:

• Makes changes to numerous existing regulations and establishes a Special Federal Aviation Regulation (SFAR) with new requirements to facilitate instructor and pilot certification and training.
• Applies helicopter operating requirements to some phases of flight and adopts a performance-based approach to certain operating rules.
• Allows pilots to train in powered-lift with a single set of flight controls; legacy rules require two flight controls – one for the student and one for the instructor.

5 Ways Drones Are Changing Insurance Claims

Here’s how they will change the claims process, as well as the legal ramifications of their integration.

Jack ShawMarch 12, 2024

Drone usage in insurance will increase this decade as it enters the mainstream. Experts say the commercial drone market will grow annually by 14% until 2030. Here are five ways drones will affect insurance companies and their imaging practices.

Changing Risk Assessment

Risk assessment will be among the biggest changes with drone-based imaging and photogrammetry. When assessing risk, insurers look for various hazards and signs of damage to determine what a client’s rate should be. Drones change this practice by increasing accuracy, considering their ability to capture images and detect details humans cannot see.

For instance, insurance companies may cover tall, hard-to-reach buildings that are challenging for employees to inspect. Drones aid human workers by taking detailed pictures of these structures and increasing accuracy when giving estimates. Complex buildings cost time and money for insurers to evaluate, so crewless aircraft have become essential in risk assessment.

Decreasing Fraud

Fraud is a consistent problem for insurers, with fraudsters taking advantage in numerous corners of the insurance industry. The FBI says non-health insurance fraud costs over $40 billion annually, causing increased premiums for American families. Drone technology can reduce fraud with its highly detailed imaging and photogrammetry systems and increase accuracy for insurers.

Some insurers instruct their customers to take photographs of the accident to determine the claim’s validity. While many users submit good pictures, insurance companies can dispatch drones to the site of the incident and collect images there. That puts more control into their hands when mitigating fraud.

Insurers can reduce the risk of fraud through drones because some customers may try to trick the system. Users may misrepresent the severity of their claim to receive a higher reimbursement than appropriate. Using drones lets insurance companies inspect a car or property before the incident and compare it with its appearance afterward. Thus, it’s harder for customers to mislead their insurers.

See also: How Technology Is Changing Fraud Detection

Improving Safety

Another important pillar of drone-based imaging and photogrammetry is the safety improvements for insurers and their customers. Crewless aircraft can increase safety by eliminating the need for employees to trek dangerous terrain to survey accident sites. Problems may arise when an insurer surveys storm damage, collapsed buildings and other hazardous structures, and drones protect employees from these liabilities.

Drones also help insurers and their employees by their ability to create detailed 3D models. The insurance company can apprise professionals of the landscape before arriving in dangerous terrain. Thus, the risk of harm decreases for workers heading to accident scenes because they know what to expect. Improving safety cuts costs and aids profitability for insurers.

Enhancing Efficiency

Drones are growing in demand across industries because of their various services. Efficiency is among the chief reasons insurance companies use them, considering their ability to capture topographical data and assess dangerous areas. Drones also speed up response and help insurers get the most accurate information on any site.

For instance, drones significantly help insurers after natural disasters strike. Roads may be too dangerous to drive, so insurers can dispatch drones. Rapid arrival means insurance companies can process claims more quickly and help those with damaged property. These benefits also reduce strain on adjusters, who can do their job more efficiently thanks to this advanced technology.

One example in the industry comes from Allstate. The company made drone usage more widespread in the late 2010s, and now it needs only 4.5 days to produce repair estimates for its customers.

Drones are still advantageous even when storms or accidents haven’t occurred. Dispatching this technology optimizes insurance company operations by reaching rural areas or hard-to-access sites like wind farms. Minimizing the need for manual inspections makes processes more efficient and can lead to cost savings for insurers.

Reducing Costs

Saving money is another premier feature of drone technology. Using crewless aircraft means humans have less responsibility for insurance, thus reducing the risk of on-the-job injuries and the associated costs. The cost-saving benefits are a significant reason why experts say commercial drone use will outpace consumer use by 2024.

Drones also reduce operational costs by eliminating the need to send somebody to a remote area or use specialized equipment to access a dangerous site. However, this feature awaits permission because the Federal Aviation Administration (FAA) requires a human operator to have a line of sight with their drone.

While operational costs are critical, insurers also benefit from reducing organizational losses. For instance, insurers using drone technology have more accurate pricing and a lowered risk of underpricing their customers when assessing rates.

See also: Cyber Trends, Risks and Opportunities in 2024

Are There Legal Concerns for Drone-Based Imaging?

While they have demonstrated their impact on claims, drones bring challenges for insurance companies they must address to ensure the staying power of this technology. What legal and ethical concerns come with drone-based imaging? Here are a few issues to watch for.

Flying Restrictions

A primary concern for insurance companies is the flying restrictions on drones in the U.S. The FAA permits flying over most areas in the country, but insurers must avoid sending their drones over restricted areas.

Illegal drone-flying sites include national parks and military bases, but insurers must also avoid dispatching their devices within five miles of airports. Special permission from air traffic control is necessary to access these areas, which can involve more red tape than required to maintain efficiency.

The insurance industry must also consider what countries ban drones or have heavy restrictions. For instance, Egypt requires drone users to receive permission from its Ministry of Defense before flying within the country. In India, only its citizens have permission to operate these advanced devices.

Limiting the use of drones means insurance companies in these countries cannot take advantage of their benefits and must find other ways to optimize their operations.

Cybersecurity

Cybersecurity is another significant issue for insurance companies and their drone usage. Drones rely on Wi-Fi and radio signals for their operations, thus opening the possibility of hacking and hijacking. Bad actors could take control of a drone’s radio signal, alter its direction or steal confidential information stored inside the machine. They could also intentionally crash the drone and cause significant losses for the insurer.

Cybersecurity liabilities are critical for insurance companies because of the sensitive data stored inside the drones. Stolen information could harm the insurer’s reputation and make it liable for data breaches and financial losses.

Privacy Concerns

Deploying drones also brings privacy concerns for insurance companies with their imaging and photogrammetry abilities. For instance, drones could cause legal trouble if they intrude on private property without permission.

While there hasn’t been much litigation, court cases have already started to shape common law throughout the states. For instance, the Michigan Supreme Court will decide a case determining whether Long Lake Township could legally use a drone to inspect somebody’s private property.

Other privacy concerns arise if drones collect biometric data, license plate numbers and additional sensitive information while inspecting accident sites. Drones can fly at lower levels than the average crewed machine, making privacy issues more pronounced.

Damage and Injury Risks

Residents may sue insurance companies for damages if they think the business has violated their privacy rights. However, the insurers could be at greater risk if the drones cause injuries or property damage during their inspections. The low-flying capabilities of drones increase the risk of colliding with humans.

While consumer machines tend to be lightweight, commercial drones are heavier and can cause more bodily harm if something malfunctions. The drones could lose power or succumb to a sudden change in weather conditions, causing the machine to fall to the ground and injure bystanders.

Leveraging Drone Technology for Insurance

The insurance industry has recently taken advantage of drone technology as companies look to optimize their operations. Drones provide opportunities to save money, decrease fraud and improve risk management. However, there are also legal and ethical concerns to watch as more guidance and common law emerge. Regardless, drone technology is here to stay for insurers.

North Carolina’s Drone Knowledge Test and Permit Repealed

June 27, 2024

Raleigh, N.C. – The North Carolina General Assembly has enacted House Bill 198, effectively removing the state unmanned aircraft systems (UAS) operator knowledge test and permit. This significant legislative change is largely due to the dedicated efforts of AeroX and its members, who have been instrumental in educating lawmakers about the benefits of drones and fostering a favorable business environment for advanced drone operations in North Carolina.

The North Carolina UAS knowledge test and operator permit was first introduced into law in 2014 in Session Law 2014-100, along with other laws focused on the criminal use of drones. The law requires both state/local government and commercial drone operators to pass the North Carolina Department of Transportation’s (NCDOT) UAS Operator Knowledge Test. Commercial drone operators are also required to obtain the NCDOT UAS permit. This process could be completed online, and the permit would need to be renewed every two years.

Basil Yap, President of AeroX, recalls the early discussions surrounding the law. In 2014, as a state employee with the NCDOT Division of Aviation, Yap attended legislative Transportation Committee meetings. “There were significant concerns about the security and privacy of drone usage and a belief that the FAA was not moving quickly enough to capitalize on business opportunities,” Yap said. “One legislator even suggested that if the FAA wasn’t going to create a drone pilot license, the state would help push them along by passing our own.” In 2014, the FAA did not have a drone operator license in place. It wasn’t until 2016, with the introduction of the Small UAS Rule (Part 107), that the FAA began issuing the Remote Pilot Certificate.

From 2016 to 2020, Yap served as UAS Program Manager at NCDOT, where he helped establish the online knowledge test and permitting process. In addition, he led North Carolina’s participation in the FAA UAS Integration Pilot Program. During this time, drone operators frequently questioned why North Carolina was the only state with a UAS permit, viewing it as a redundant requirement to FAA’s Remote Pilot Certificate.

Since its formation in 2021, AeroX has prioritized regular engagement with the General Assembly to advocate for the drone industry. Last year, AeroX hosted a UAS Legislative Day on the Halifax Mall next to the General Assembly building, allowing legislators to observe drone operations and interact with manufacturers and operators. This spring, AeroX hosted the state legislature’s UAS Caucus at its Winston-Salem office, providing a platform for drone operators to discuss their expanding operations.

House Bill 198, titled DOT Legislative Changes, was first introduced in February of 2023 but was not sent to the Governor’s desk until May of 2024. Due to an issue regarding billboards, right-of-ways, and the cutting of certain trees, Gov. Cooper vetoed the bill. The House and Senate both overrode Gov. Cooper’s veto, thus codifying the bill into law on June 27th, 2024. The new law repeals Article 10 of Chapter 63 of the state’s General Statutes, which includes the requirements for a UAS knowledge test and a NC UAS Permit for commercial drone operators. The repeal will become effective on December 1, 2024.