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COVER STORY Prepare for the Drone Invasion


By that time, many states and local govern- ments had already enacted drone-related regulations and laws, which according to the FAA may not be within the prevue of the enacting body. The FAA is a regulatory agency, relying


heavily on education, with a few enforce- ment tools such as warning notices, letters of correction and civil penalties. Although the FAA is asking for cooperation and col- laboration of local and state agencies, it clearly states they retain responsibility for enforcing FAA regulations. According to the National Conference of


State Legislatures NCSL in 2015, 45 states considered 168 bills related to drones and 26 states have enacted laws addressing UAS issues. In anticipation of questions on how fed-


eral and state/local rules will interact, the FAA has written a fact sheet on state and local regulations. There are grey areas of law. For ex-


ample, laws related to zoning, privacy, land use, and law enforcement operations would not be preempted by federal law. However, according to the FAA, states and localities may not impose restric- tion on operational bans within cities or certain distances from landmarks or any laws regarding airspace use.


California Legislative Action In California, there are two proposed bills in the legislature related to drones. The fi rst one is a comprehensive solu- tion to the challenges that drones pose. The proposed Drone Registration/Om- nibus Negligence-Prevention Enactment (DRONE) Act of 2016 would 1) require registration of, and tiny physical or elec- tronic license plates for, drones; 2) require inexpensive insurance policies sold at the point-of-sale; 3) mandate that drones of a certain size, and equipped with GPS ca- pability, feature automatic shut-off tech- nology that would activate if approaching an airport; and 4) includes various other provisions designed to enhance responsi- bility and mitigate risk. The proposed law would be enhanced


by requiring registration, owner indicia, training, and education for drone opera- tors. Mitigating risk would be accom- plished by restricting use over certain populated/private areas, emergency scenes, placing restrictions on law en-


14 LAW and ORDER I May 2016


The fast-paced drone technology has bypassed the creation of rules and regulations necessary to guard the public’s safety concerns.


forcement use to protect privacy, and giving law enforcement more tools to remove illegal drones and prosecute il- legal operators. The second bill was proposed to pro-


tect people from ‘hit and run’ drone acci- dents as recreational drones become more prevalent. This proposed law would re- quire drone operators to identify them- selves in case of a collision. This is much like the current requirement of drivers to stop and identify themselves when they are involved in a traffi c collision. Law enforcement needs to take the


lead in small UAV enforcement. There are numerous prongs, which need to be addressed. It truly needs to be a collab- orative effort, perhaps beginning with a working group with members of the UAV manufacturers and designers, the legislatures, community members at the state level in conjunction with FAA UAS experts. This group could work together to establish the needs of the residents in regard to UAVs. Together, they can work to establish appropriate legislation, which safeguards the safety and privacy of the public, while not stymieing the growth of the emerging UAV industry nor its positive economic interest. It is imperative to develop methods to identify these UAVs. Perhaps technology similar to the license plate readers cur- rently used by law enforcement could be used to identify UAV owners. It is in the interest of everyone involved the advan- tages of these UAVs have to be used for the common good, while ensuring this is


done safely and with the consideration of the citizens’ privacy concerns. A statewide law enforcement agency


needs to lead the way to conduct re- search, work collaboratively with other stakeholders, and become the state’s Subject Matter Experts. Most highway patrol and state police agencies have an Air Operations unit comprised of fi xed wing and/or helicopters. They can take the lead in training their offi cers in the latest state-of-the-art UAVs and how they operate, establishing protocols, policies and procedures to identify and enforce necessary laws. The FAA has acknowledged there are


laws that can be enacted locally, which would protect the privacy rights while not interfering with the airspace regulation, which is the purview of the FAA. Addi- tionally, criminal violations do not fall in the prevue of the FAA and they admit they do not have the authority to make arrests or conduct criminal investigations.


Captain Lydia Martinez is in her 29th year with the California Highway Patrol. She is currently assigned as the Special Services commander in the Border Division section. Duties include managing the Canine unit, the Air Operations unit (both fi xed wing and helicopters) and the Commercial unit. Martinez earned her Juris Doctor degree (J.D.) from the Western State University College of Law in Fullerton, Calif. She may be reached via LyMartinez@chp.ca.gov.


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