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Is Your Drone Naughty or Nice? The FAA Begins Drone Registry Requirement on December 21

Is Your Drone Naughty or Nice? The FAA Begins Drone Registry Requirement on December 21

The FAA today announced the launch of its consumer drone registry program. Here is a FAQ the FAA has posted about the program. The program requires registration of all drones greater than .5 pounds, whether flown for commercial or recreational purposes. All new drone owners must register beginning on December 21, 2015—people who already own a drone have until February 20, 2016 to register. A $5 registration fee is waived for those who register before January 20, 2016. A preliminary review of the program indicates it to be quite expansive. Upon registration, all drone owners must attach a unique registration number to the drone and carry a registration certificate—in either hard or electronic form—when operating a drone.

The new registration requirements raise a number of legal questions. These range from the general, including whether the FAA even has the authority to require such mandatory registration at all, or if it may do so without a more formal public comment process, to the specific, including whether and how non-citizens will register—under the present guidelines, neither are subject to the registration requirement as the FAA only claims authority to register drones belonging to US citizens and permanent residents.

Failing to register as required can result in civil penalties of up to $27,500. However, Michael Whitaker, deputy FAA administrator has stated that “the goal is not to be punitive, but to get people into compliance with the regulations.”

By Steven Miller of Hanson Bridgett

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