Pirker and Beyond: Questions of Policy Versus Law on Unmanned Aerial Systems (UAS)

The regulatory versus policy landscape for unmanned aerial system (UAS) users in the United States (US), as of February 2015, is not an easy one to navigate. The whole country is buzzing with the sound of this new technology, not just in terms of engine noise but more so in terms of the public outcry to the invasion of privacy. The federal government is currently drafting laws that will safely integrate these systems within the National Airspace System (NAS). Concurrently, at least 20 states, unable to wait patiently in the sidelines for such legislation, have implemented their own statutes to address these issues. Meanwhile, the judiciary has set precedent with the Pirker case, leaving more questions unanswered than were answered in the proceedings. Federal Aviation Administration (FAA) officials have issued guidelines and policies to bridge the gap in the law, while trying to educate many private users who are not aviators. Keywords: Unmanned Aerial Systems, Pirker, Law, Policy, Federal Aviation Administration, Model Aircraft, Regulatory Exemption, Certificate of Waiver or Authorization, Experimental Certificate