Mark Huber is an aviation industry veteran who has worked in the flight training, aircraft sales, aircraft component, and airport development businesses. He has flight time in more than 50 different and diverse aircraft, including helicopters, aerobatic aircraft, vintage warbirds, jet fighters, business jets and turboprops, and transport-category aircraft. He has jumped out of several of these—on purpose—with a parachute. His defense and aviation journalism has been published in a variety of national and international periodicals.

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Mark Huber

Regular drone flights could be defined as “aerial trespass” under a proposal discussed by the Uniform Law Commission (ULC) in July, warns one aviation lawyer. The ULC provides draft legislation for independent adoption by state lawmakers and floated the idea last month at its annual meeting in Louisville, Kentucky, said Mark Dombroff, co-leader of the aviation practice of national law firm LeClairRyan.

 


The proposal would make all encroachment over another person's land by UAS a form of trespass that conveys a presumption of damages, so long as the altitude of the flight was 200 feet or below. Dombroff said that could put state law in conflict with current FAA regulations that permit drone flight up to 400 feet. "It sure seems to me that if that this were enacted in a state, the federal government would quickly file a lawsuit arguing that it was an unlawful preemption of FAA authority," he said. The ULC plans to continue debate on the measure into next year.&nbsp;

 


Mark McKinnon, head of LeClairRyan's UAS practice team, said that despite asserted federal primacy, states will continue to focus on this area of regulation. “We could see some action on this moving forward. In general, this is an area where states will likely be focused over the next couple of years. Some lawmakers want to tease out the boundaries of their citizens' rights to the air above their properties. The question is how that will interact with federalized airspace," he said.

News and issues relating to civil and military unmanned aircraft systems (UAS), unmanned aerial vehicles (UAVs) and remotely piloted aircraft systems (RPAS) of all kinds and sizes, including those used for intelligence, surveillance and reconnaissance (ISR), combat (unmanned combat air vehicles, or UCAVs), law enforcement, research and other applications. Of particular focus is the FAA's planned integration of UAS into the U.S. national airspace system.

Drone Overflights Could Be Labeled 'Aerial Trespass'

How citizens' rights to airspace above their properties will interact with federal airspace remains to be determined.

2024 Corporate Aviation Leadership Summit

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New developments and products in avionics, specifically about aircraft electronics in the cockpit.

News and issues relating to the aerospace industry that are related to the science, engineering and business of flight in space involving civil, industrial and military applications, and similar topics related to flight in the atmosphere of the Earth that are not covered more directly by other AINonline subject channels. In other words, both astronautical and aeronautical subjects, except for those aeronautical topics that are specifically covered elsewhere on this website.

Essential news and analysis on the defense aerospace business. Your trusted source for new and ongoing programs and requirements in military aircraft (manned and unmanned), engines, avionics, weapons and associated systems, including ground-based air defense.

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News and developments about airplanes, helicopters and unmanned air vehicles used in all varieties of operations, including airlines, military, business, commercial, general aviation and private.

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News and issues regarding all manner of civil and military rotorcraft and their powerplants, including helicopters, tilt rotors and unmanned air vehicles.

U.S. company says it will accelerate development of the 1,400-pound payload vehicle 

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News and issues relating to business, corporate and private aviation, primarily regarding turbine-engine-powered airplanes and helicopters. Subjects include aircraft, engines, maintenance, operations, personnel, acquisitions, accidents, safety, security, and training.

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