Drones, Height Limit and International Law

Over the past year, there has been a lot of talk about the United States government’s ban on using drones for civilian purposes. Theoretically, there should be a height limit for the cameras on these remotely piloted vehicles, but it seems that this is not the case. There have been reports in the media of drones being used to scout water bodies and to monitor farmers. Additionally, it was recently announced that the Department of Homeland Security had received authorization to use drones for domestic use.

Before this, there had been no limit on the altitude of these remote aerial vehicles. The original reasoning for the height limit set forth by the Federal Aviation Administration (or FAA) was to prevent the drones from being used to shoot down manned aircraft. However, the agency looked at this reasoning in a more modern fashion and realized that this would not prevent the aircraft from being used for other things. The only thing is that the drones would need to have a human in the loop when the craft was not actively carrying out its surveillance duties.

If a drone was to shoot down a manned aircraft, there would be enormous public relations issues as well as legal issues. This would make it very difficult, if not impossible, to use the aerial vehicle in combat. Therefore, it was decided to institute a limit on the altitude of these unmanned aerial vehicles. However, just because the FAA has authorized the use of drones by a third party does not mean that the individual flying the craft is not subject to all of the same laws as any other pilot. In other words, the individual can be prosecuted under the airspace laws of the country where he or she resides. In addition, even if he or she is traveling overseas, they are still subject to the laws of their destination country.

One of the biggest questions surrounding the implementation of the drone height limit is what will happen to those who fly drones for profit. There are a number of different entities that will use these crafts for commercial purposes. The nature of the business and the type of product being offered may result in them being in violation of the drone height limit. Those who are involved in the commercial sale of drone flying services and products should be very clear about the laws surrounding such sales.

Some individuals are worried that the introduction of such a restriction might put the United States out of the global energy picture. If the price of oil rises, the United States could be at serious risk. Many believe that the United States should become more of a leader in clean energy. If we cannot deploy drones into the skies above our own territories, we will not be able to remain a player on the global stage for the years to come.

Will the United States attempt to challenge China over their territorial waters by deploying drones into disputed areas? It is certainly possible. Will China’s neighbors push back against such a move? It’s also possible that the Chinese government will respond with even more aggression. No one knows where this is all going to end, but one thing is for certain, and that is drone height limit negotiations need to continue.