Legal Briefs

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Happy Holidays, you just got the hottest gift of the season, your own drone. Remember the Federal Rules took effect December 21, 2015. You need to know them and follow them.

Operating a drone is considered being a pilot. Every pilot must be registered with the Federal Aeronautics Agency. Every pilot must know and understand all of the FAA rules and regulations for the operation of motorized aircraft. Every aircraft must be registered and receive a specific designation, which must be displayed upon the aircraft and be visible from the ground.

Drones have a limited area of operation, and there are restricted air space in which they may not operate (airports, government installations). Drones have height restrictions. Operators must not interfere with land operations (wires, buildings).

States are adopting restrictions on the use of cameras on drones. Use of a drone over private property may result in civil actions for trespassing, and invasion of privacy. If the drone goes down over private property, you may not be able to recover it, as you may be charged with trespassing (check with the land owner before entering property to recover the drone).

Failure of a pilot to abide by the FAA rules and regulations can result in fines up to $250,000.00 and 3 years in jail. These are just the federal regulations, you may also have issues with the State. If you invade private property, you could be liable for civil penalties.

Check with your home owners insurance for coverage of the drone. Not so much for replacement if you damage the drone, but if the drone damages property of another. You may find you need a rider on your policy to cover damage (if it hits a eclectic wire and takes out the neighborhood electricity, you may also have lots of angry neighbors).

Before operating the drone go to the FAA website. www.FAA.gov and check the rules and regulations. Be advised before you operate, not after there is a problem.

As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.

If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St., Palmyra, NY 14522 or cklaw@verizon.net