Why This Senate Bill Could Ground Your Drone Business

If you are unfamiliar with the recently proposed Drone Integration and Zoning Act (DIZA), I recommend reading this insightful piece by Bruce Crumley from Inc.: 

 Like the recently introduced Texas House Bill 41 and Florida Senate Bill 1422, the DIZA threatens to add to the legislatively driven market confusion and uncertainty that continues to impede the growth of the American drone industry.

While I share the long-standing frustration that led to this and similar proposed “drone” legislation, I believe the Drone Integration & Zoning Act (DIZA) will exacerbate the problems it aims to address. For instance, the DIZA proposes that drones flying below 200 feet fall into an airspace where local, state, and tribal governments would have the authority to “zone” the airspace. As a 25-year Navy fighter pilot and test pilot, I can attest that judging the altitudes, distances, and perspectives of other aircraft, either from the air or from the ground is challenging even for trained and experienced professionals. This phenomenon likely contributed to many of the panicked “drone” sightings reported in New Jersey and other states. I’m not the first or last pilot to have mistaken a star or a planet for an aircraft at night. 

This law will undoubtedly become an “enforcement nightmare” and a “lawyer’s dream.” For instance, how will “200 feet” be determined for enforcement?  Above ground level (AGL), from what part of the property, over the highest structure, using radar altitude, barometric altitude (and based on what altimeter setting), etc.  How will “overflight” of the specified property be determined for enforcement?  Is the “offending” drone really over the “protected” property or over the adjacent private or federal land where the state, local, tribal “zoning” doesn’t apply?  

I’m grateful I didn’t have to deal with this when we were developing the DOI “drones for good” program in 2006.  We never would have gotten out of the first meeting with the government lawyers; they never would have let us launch the program or our first drone.

During my MBA studies, my business law professor frequently emphasized the well-established business axiom that “markets detest confusion and uncertainty.” He explained that poorly conceived laws, regulations, and government policies can lead to market confusion and uncertainty, resulting in substantial and sometimes enduring negative market impacts. These policies can prevent startups from launching, deter established businesses from investing in new products, growth, and research and development, shift private capital investment to other markets, and affect new customer adoption. Regrettably, we have been particularly adept at introducing legislative and policy confusion and uncertainty into the U.S. drone business ecosystem in recent years. 

We have the potential to do much better and we must do better if we want to secure America's leadership in this business and technology space.  Our allies and competitors abroad are not faced with similar legislative confusion and uncertainty.

U-PASS Note: U-PASS Note: There may not be a lot of sponsors for the DIZA Bill as of yet, but we want to stop this legislation early. Click here to join the petition.

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