A Lawyer Droning on about Liability

Transcription

1 The information provided here is for informational and educational purposes and current as of the date of publication. The information is not a substitute for legal advice and does not necessarily reflect the opinion or policy position of the Municipal Association of South Carolina. Consult your attorney for advice concerning specific situations. 10/10/2018 A Lawyer Droning on about Liability Why is there an attorney talking to us about liability? 1

2 Wherever drones are in use, there is inherent physical and legal risk. Legal Liability: How much harm can a small drone cause? Interferes with Air Traffic Causes personal injury Invades privacy Injures wildlife Can be hacked Failing signal Causes property damage Personal Injury & Privacy Concerns 2

3 Harm to Wildlife Wildlife vs. Drone Drone Jacking 3

4 Uncommon Uses Interference with Air Traffic The FAA receives 100 reports/month of drones flying too close to airports Drone nearly collided with Airbus A320 taking off from London s Heathrow airport 2016 Drone collides with jet at London s Heathrow airport Drone struck a commercial aircraft landing in Quebec City Drone causes helicopter in Charleston, South Carolina to crash Drones can cause major problems Late last year, a drone flying over the NewYork City harbor struck the rotor of a Black Hawk helicopter ( In 2015, the White House was put on lockdown when a drone crash landed near the White House Drones are being used to deliver drugs and other contraband across the borders and into prisons 4

5 There are limits put upon you by the Fourth Amendment Sources of Liability Fines Torts (lawsuits) Workers Compensation Property Damage Damage to the Drone Risks to manned aircraft Bodily injuries Invasion of Privacy Trespass Cyber liability Interference with First Responders Nuisance Fly-Aways Evolving Problems Whose Air is it Anyway? 5

6 FAA and Other Agency Fines Failure to register a drone may result in civil penalties up to $27,500 or criminal penalties up to $250,000 or three years in prison Fines so far have ranged from $400 to as much as $1,900,000 More heavily enforced along the East Coast Tort Liability Negligence Invasion of Privacy Trespass Absolute Liability 6

7 How do we lower the legal risks to you and your municipality as you take advantage of the benefits drones offer? Know and Follow FAA regulation Know and Follow changes to State & Municipal regulation Understand the legal environment regarding drone liability Use common sense Get Remote Pilot Certificate from FAA Be 16 years or older Pass aeronautical knowledge test at FAA-approved testing center TSA security screened Register each aircraft FAA Regulation Small Unmanned Aircraft Systems Rule Part 107 FAA regulates Public Sector drone use via a Certificate of Authorization (COA) The FAA will provide a formal response within 60 days from the time a completed application is submitted. Issued for a specific period of time and include provisions unique to each proposal. 7

8 Reduce Your Municipality s Risk Follow FAA rules & guidelines Go above and beyond FAA regs Be Insured Know your airspace Be aware of GPS and signal interference issues Establish Best Practices and educate your operators Follow Guidelines for Neighborly Drone Use From Tell other people you ll be taking pictures or video of them before you do so. If you think someone has a reasonable expectation of privacy, don t violate that privacy by taking pictures, video, or otherwise gathering sensitive data, unless you ve got a very good reason. Don t fly over other people s private property without permission if you can easily avoid doing so. Don t gather personal data for no reason, and don t keep it for longer than you think you have to. If you keep sensitive data about other people, secure it against loss or theft. If someone asks you to delete personal data about him or her that you ve gathered, do so, unless you ve got a good reason not to. If anyone raises privacy, security, or safety concerns with you, try and listen to what they have to say, as long as they re polite and reasonable about it. Don t harass people with your drone. Other Best Practices for Drone Use Maintaina log of all drone details includingnumber, type, specs, payload, base station Maintaina log of operators name, training, certificationand experience Specify intended uses for drones Log each use include date, time, location and crew Maintain COA proof Only allow operatorswho have completed trainingin safe drone use and FAA regulations Always use a spotter Limit use to 400 ft above take off altitude and maintainline of sight at all times No drone flights overlarge crowds of people or congested areas Monitorevolvingtechnology, rules, and law 8