Article

In recent years, there has been a new addition to our airspace. And while some may assume it’s a bird or a plane, it may actually be a drone flying overhead. These unmanned aerial vehicles and systems can be a great instrument but can also create a nuisance. Leah Curtis, associate general counsel for Ohio Farm Bureau, gives an update on the latest policies surrounding drones.

Listen to Legal with Leah, a podcast featuring Ohio Farm Bureau’s Policy Counsel Leah Curtis discussing topics impacting farmers and landowners.

Transcript

Ryan Matthews [00:00:00] In recent years, there has been a new addition to our airspace. And while some may assume it’s a bird or a plane, it may actually be a drone flying overhead. These unmanned aerial vehicles and systems can be a great instrument, but can also create a nuisance. Leah Curtis joins us on this Legal with Leah. She’s the Associate General Counsel for the Ohio Farm Bureau.

Ryan Matthews [00:00:22] So we know that drones can be a great tool for farmers for lots of reasons, but when we often hear about with drones are the problems. Talk some about the concerns we hear from our members.

Leah Curtis [00:00:32] The main concern that we hear about drones is really in relation to privacy and trespassing. And frankly, to be upfront, those issues are still very gray at this point in the law. And that’s because the technology, and really in this case, I think the availability of the technology has gone much faster than really the law can. So, anyone can go to a major retailer, they can purchase a drone, they can have it out of the box and in the air in just a little bit of time. And so that makes it difficult from a regulatory standpoint, to make sure everyone is following all the rules and requirements and we’re all kind of on the same playing field.

Ryan Matthews [00:01:08] So let’s start with this: what does it take to do this legally?

Leah Curtis [00:01:13] There are a lot of requirements that you have to comply with to fly a drone, particularly if you are flying for anything that is not recreational. And FAA is very particular that non-recreational means purely for your own enjoyment. So even if you doing it purely for you own enjoyment, there are number of basic requirements and tests you need to take, but a much longer list that we really can’t go over everything in this time. But you will need to do things like register your drone. You have to fly in certain airspace levels within a visual line of sight, pass certain flight tests, or a pilot test in certain circumstances. And some of these rules can be waived, but those waivers have to be applied for and approved by the FAA.

Ryan Matthews [00:02:00] Now a lot of times when people see a drone, we hear this notion that people will just take it down. But I’m guessing that might not be a good idea. So what should they do instead?

Leah Curtis [00:02:09] So you’re absolutely correct. It is not a good idea for a person to take it within their own hands to take down or even shoot down a drone, as some people often say. Because under federal law, it is a felony to damage, destroy, disable, or wreck any aircraft, and that can apply also to drones that might be flying overhead. So instead, landowners should contact their local law enforcement when they have concerns. They can also contact the FAA, who will investigate complaints related to any kind of aircraft. And then if you know who’s flying the drone, this is one of those times where it might be worth trying to have a conversation, a calm conversation about your concerns, kind of see what’s happening. They may be thinking they are just scouting their own crops, but you’re seeing the drone. There could be some misunderstanding. So if you do know who it is, having a conversation might be helpful to limit your concerns.

Ryan Matthews [00:03:06] Ohio did recently pass some new laws regarding drones; can you give us an update on those?

Leah Curtis [00:03:11] At the end of last year, the Legislature passed some laws directed at certain security concerns with drones. These laws are going to prohibit operating a drone in a way that knowingly endangers a person or a property or it disregards safety. Also will prohibit impeding or disrupting law enforcement or emergency operations. There’s also going to be a number of prohibitions against operating drones to further criminal activity around critical facilities. And those are defined as things like sheriff’s office, courthouses, jails, military installations or hospitals. And then finally, the law is going to allow local governments to make their own rules or ordinances about how they use drones, but also the use of those hobby or recreational drones over their parks or their publicly owned spaces.

Ryan Matthews [00:03:58] This is Leah Curtis, Associate General Counsel for the Ohio Farm Bureau, and I’m Ryan Matthews.

Drone photo by Dave Liggett.