In today’s episode, we talk about the Uniform Law Commission (ULC) and their work on the “Tort Law Relating to Drones Act.”
Vic joins Rob for this significant and animated discussion. ULC first proposed the “Tort Law Relating to Drones Act” in March of 2018. Back then, we analyzed this proposed Bill in great detail and revealed how the passage of this Bill would have severely restricted airspace, making commercial drone operations nearly impossible. Fortunately, this first draft was scrapped.
ULC just released their second draft after making some significant modifications to the first one. In this show, we pour over the fine print and reveal the pros & cons of this new proposed Bill. How does this Bill define an “aircraft intrusion”? And, what qualifies as a “land intrusion”? Would you be intruding on private land if you have to make an emergency landing? And, does this proposed bill attempt to curtail overly aggressive behavior from the landowner? You will also learn how this proposed bill treats “privacy violations” and “negligent behavior.”
The ULC is meeting in March to consider some important modifications to this proposed Bill. How can you contribute to this process? After going through the proposed bill, you can email your suggestions to [email protected]. Please address your email to Paul Kurtz, Chair, Tort Law Relating to Drones Act Committee or Anita Ramasastry, President, ULC. Also, if you wish to receive regular updates, you can easily do so by clicking HERE.
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Timestamps
- [00:39] Rob welcomes Vic to the show
- [00:52] A Special Thanks to our gracious sponsor, Go Professional Cases
- [01:10] What is the the Uniform Law Commission(ULC)?
- [02:25] Recalling the “Tort Law Relating to Drones Act” which was first proposed in March of 2018
- [04:12] What is the status of the first draft?
- [05:35] Was the first draft good or bad for the drone industry?
- [06:12] Prominent organizations that vehemently opposed the passage of the first draft
- [08:13] Vic explains “Tort Law” in simple terms
- [09:47] Has there been a significant modification to the first draft?
- [11:26] Does the new proposed law apply to government entities as well?
- [12:37] Are there any entities that are exempt from this proposed law?
- [14:18] How does the new draft define “aircraft intrusion”?
- [16:02] 10 factors or circumstances that might result in your flight being categorized as an “aircraft intrusion”
- [18:20] Will you be intruding airspace if you are taking images while flying over a property?
- [19:10] How does the new drone bill define “intrusion on land”?
- [20:05] Would an emergency landing be regarded as an “intrusion on land”?
- [21:55] Vic reads out “Landowner’s Duties and Responsibilities” as described in the second draft; does this section favor the drone pilot or landowner?
- [23:40] Do Privacy Guidelines in the new draft place greater restrictions on drone pilots?
- [26:28] How does the new draft define “Negligent operations”?
- [27:22] Is there a need for greater restrictions on drone pilots?
- [28:28] Important questions that the ULC shall be addressing in their upcoming meeting in March
- [29:00] Should the definition of an “operator” be included in the draft?
- [29:20] Should provisions of “Self-help” be explicitly addressed in the act beyond the provisions of section 7?
- [31:09] Will a drone owner have the right to retrieve his drone if it lands on private land?
- [33:17] Should the totality argument in Section 8 be retained in all circumstances?
- [35:16] Does the passage of the Tort Law bode well for the drone industry?
- [39:03] How you can help in the passage of this proposed law?
