Mainebiz

W W W. M A I N E B I Z . B I Z 25 N OV E M B E R 1 6 , 2 0 1 5 at realization has spurred the creation of Bernstein Shur's "drone team," a legal group led by Bosse that includes labor and employment lawyer Kelsey Wilcox Libby, municipal and governmental services lawyer Philip Saucier and the fi rm's infor- mation technology specialist Jason Levasseur, who's owned a drone for two years. e legal drone team, which Bosse says might well be the fi rst in Maine, is now publishing regular "drone law boot camp" blog posts on the law fi rm's website. "I saw there was going to be a real need for legal expertise on drones, given their rapid proliferation not only in the construction industry but in society in general," he says of the takeaway message of that ABA panel discussion in Florida. " e need has arrived at our doorstep because the technology of drones is progressing at an unbelievably rapid pace." How rapid? Market research by Consumer Electronics Association, the technology trade association representing the $285 billion consumer electronics industry in the United States, forecasts sales in the U.S. market will approach $105 mil- lion in 2015, a 52% increase over 2014. Likewise, CEA anticipates unit sales in the U.S. this year to approach 700,000, a 63% increase over 2014. With that explosion in sales has come a cor- responding increase in complaints about civil- ian drones, among the most worrisome being the Federal Aviation Administration's report this summer of a dramatic increase in pilot reports of encounters with unmanned aircraft over the past year, from a total of 238 sightings in all of 2014, to more than 650 by early August. Other well-publicized incidents include a drone that fl ew into power lines in West Hollywood, knocking out power to 700 customers, several occasions in which planes and helicopters fi ghting wildfi res in California this summer were grounded due to unauthorized drones in the air space, and a quadcopter drone crashing on the White House grounds. Acknowledging it is playing catch-up, the FAA is working feverishly to create a comprehensive reg- ulatory framework governing the non-recreational use of drones weighing up to 55 pounds. Proposed rules released in February envision the possibility of nhdlaw.com • Portland (207) 774-7000 • Lewiston (207) 777-5200 With us—no obstacle you can't overcome. When our community needs us, we're there too, as sponsors and volunteers to more than 25 area non-profi ts. WHEN YOU NEED US, WE'RE HERE. C O N T I N U E D O N F O L L OW I N G PA G E » What is an UAS? It's the acronym for an Unmanned Aircraft System, which includes both the fl ying part of the system (UAV, or Unmanned Aerial Vehicle, i.e. drone) and the ground control function. Can I use my UAS, or drone, as part of my commercial operations? Current FAA laws and regulations generally prohibit the commercial use of drones. Individuals may use a drone for commercial purposes if they've received a Section 333 waiver from the FAA. What is a Section 333 exemption? The FAA Modernization and Reform Act of 2012 gives the FAA the ability to issue Section 333 waivers that grant authorization for certain unmanned aircraft to perform commercial operations on a case-by-case basis. The Section 333 waiver process involves the fi ling of a "petition of exemption" with the FAA. Do I still have to have a pilot's license if I have the exemption? Yes. An FAA-issued pilot's license is still required at this time. Is this regulatory structure going to change? Almost certainly. In February 2015, the FAA issued a notice of proposed rulemaking on "The Operation and Certifi cation of Small Unmanned Aircraft Systems" (under 55 pounds). Comments have been received and the FAA is in the process of issuing the fi nal rules. Is insurance available for drone operators? Yes. Insurance companies offer coverage for drone operators. Call your insurance agent to determine avail- ability and pricing. Can I be penalized by the FAA? Yes. Most recently, the FAA announced in an Oct. 6 press release a proposed $1.9 million penalty against a Chicago company that conducted 65 unauthorized drone operations in congested airspace and heavily populated cities, including Chicago and New York City. FAQs about drones S O U R C E : Bernstein Shur Drone Team

• Cover