49 U.S.C. § 44808 — Carriage of property by small unmanned aircraft systems for compensation or hire
submitted 8 years ago by Pub. L. 115-254 to r/title-49-TRANSPORTATION · 319 words · no verdicts yet
The FAA had to update its rules to let small drones deliver cargo for pay. New rules must consider risk levels and community input. Until the rulemaking is done, operators can still apply for existing air carrier certificates.
(a) In General. Within 1 year of the FAA Reauthorization Act of 2018's enactment, the Administrator must update regulations to let small drone operators carry property for pay or hire within the United States.
(b) Contents. Any rulemaking under (a) must (1) use performance-based requirements; (2) consider the varying risk different drones and operations pose to other aircraft and to people and property on the ground, and tailor requirements to fit; (3) consider the special traits of highly automated small drones; (4) include safe-operation requirements covering at least (A) drone airworthiness, (B) operator qualifications and the type of operations, (C) operating rules for the type of drone carrier operations, and (D) input from state, local, and tribal officials on how carrying property this way could affect the communities served; (5) let the Secretary amend part 298 of title 14, Code of Federal Regulations, to set up economic authority for paid small-drone cargo carriage, requiring only (A) registration with the Department of Transportation, (B) FAA authorization to operate, and (C) compliance with chapters 401, 411, and 417; and (6) allow that, while the rulemaking is pending, a person may still seek an air carrier operating certificate and certificate of public convenience and necessity — or an exemption from one — using the FAA's existing processes.
Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft* systems for compensation or hire within the United States.
Any rulemaking conducted under subsection (a) shall provide for the following:
Use performance-based requirements.
Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft* systems and their operation and tailor performance-based requirements to appropriately mitigate risk.
Consider the unique characteristics of highly automated, small unmanned aircraft systems.
Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—
airworthiness of small unmanned aircraft systems;
qualifications for operators and the type and nature of the operations;
operating specifications governing the type and nature of the unmanned aircraft system* air carrier operations; and
the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.
The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—
registration with the Department of Transportation;
authorization from the Federal Aviation Administration to conduct operations; and
compliance with chapters 401, 411, and 417.
Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.
Source credit: (Added Pub. L. 115–254, div. B, title III, § 348(a), Oct. 5, 2018, 132 Stat. 3297.)
- 2018Enacted · Pub. L. 115-254 · 132 Stat. 3297
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-254 on 2018-10-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case