Drones 2022 – To Infinity and Beyond, or Back to the Drawing Board?

[Kathleen Martin]

For the better part of a decade, the buzz within the Unmanned Aircraft Systems (“UAS”) industry has centered on when the Federal Aviation Administration (“FAA”) would put in place a regulatory environment that would allow for widespread complex operations, inclusive of flights over people and beyond visual line of sight (“BVLOS”) operations. In 2021, we saw a major step forward, when on January 15th, the FAA published its long awaited Remote Identification of Unmanned Aircraft Final Rule (“Remote ID Rule”). There are significant public safety and security concerns associated with more complex UAS operations, and in particular operations over individuals and BVLOS operations. The Remote ID Rule is intended to address those concerns by establishing what the FAA describes as a “digital license plate” for drones.
In short, the Remote ID Rule requires drones operating in the National Airspace System to have the capability to transmit identification and location information. There are three ways that UAS pilots will be able to meet the identification requirements of the Remote ID Rule:

1. Operate a Standard Remote ID Drone that broadcasts identification and location information about the drone and its control station. A Standard Remote ID Drone is one that is produced with built in remote ID broadcast capability in accordance with the Remote ID Rule’s requirements.
2. Operate a standard UAS that has been retrofitted with a remote ID broadcast module attached.
3. Operate without remote ID equipment at a FAA-recognized identification area sponsored by a community-based organization or educational institution.
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   The Remote ID Rule requires both a Standard Remote ID Drone and a retrofitted model to broadcast the drone ID, location, altitude, and velocity along with time mark via radio frequency broadcast (likely Wi-Fi or Bluetooth technology). Of note, however, while a retrofitted model is required to broadcast the drone’s takeoff location and elevation, a Standard Remote ID Drone must broadcast the actual location and elevation of the control station. This means real time broadcasting of the location of the individual operating the drone, as well as the location of the drone itself. Remote ID broadcast information will be publicly available to anyone who is capable of receiving the broadcast signal, likely via their phones.
   Continue reading: https://www.jdsupra.com/legalnews/drones-2022-to-infinity-and-beyond-or-3833802/