By David Fleet
dfleet@mihomepaper.com
Brandon Twp. — The unexplained drone sightings in New Jersey since November have stirred a variety of concerns for residents on the East coast of the United States. According to news reports the multitude of sightings over military areas along with other sensitive sites has prompted many to question the level of security necessary. Even the Governor of New Jersey, Phil Murphy expressed concerns saying existing laws limit the ability of state and local law enforcement to counter UAS, more federal resources are needed to understand what is behind this activity.
While the barrage of unexplained drone sightings have yet to fill the skies of southeastern Michigan, the calls for action and a possible shift in regulations is beginning to rumble locally.
While the Federal Aviation Administration (FAA) enforces rules to ensure the safe operation of drones and prevent airspace conflicts, a local official has suggested some changes.
Oakland County Sheriff Michael Bouchard recently joined many others in supporting greater oversight as the threat of harm grows.
“New Jersey drone activity has drawn the nation’s attention due to the lack of capability and response, but that is just the tip of the iceberg,” wrote Bouchard. “Washington must give state and local law enforcement the authority to enforce FAA law and regulation on drones as well as authority to intervene when they are committing a crime or pose a threat.”
“Now that the country is awake to the lack of capability for us to respond, are we so foolish to think our adversaries are not aware of that void as well? Congress must act and the people of America must tell them to do so without delay.”
While regulations are necessary given the growth and usage of drones, several factors have been considered.
Jason Gault, is an associate broker with Real Estate One-Ortonville and started using drones in his commercial business in 2022. He is licensed under the FAA to operate the drone for aerial photography.
“When I fly I get the latest updated weather conditions, check for any restrictions and outline where I’m going,” he said. “If someone were to complain I can demonstrate I’m there for business purposes. In addition, the drone has a remote id and will provide a signature tied to a serial number. It’s like a digital license. Often the novelty drones do not have.”
Gault would support local law enforcement.
“It would make sense for locals to respond to an active threat, they could get there quicker,” he said. “This could be a joint operation with the FAA.”
The local drone enforcement measures are not a new concept locally.
In December 2017 the Atlas Township Board of Trustees opted not to move forward on an ordinance to regulate drones and unmanned aircraft.
The decision came after several area drone owners expressed concerns during and following the October 2017 meeting, noting concerns such as enforcement, conflicts with existing FAA laws and use of drones for work purposes. As a result, township officials sought additional input on the drone ordinance following the meeting and tabled the ordinance.
The state has passed a preemptive law effective April 4, 2016 that prohibits local ordinances and resolutions regulating the ownership and operation of unmanned aircraft.
Drones are legal for recreational and many other uses in Michigan. Recreational drone pilots take a FAA Recreational UAS Safety Test and follow recreational model aircraft rules.
Commercial drone pilots or government employees, such as first responders, must get a Remote Pilot Certificate from the FAA and follow the requirements.
Aircraft Owners and Pilots Association Great Lakes Regional Manager Kyle Lewis regarding the drone ordinances.
“The FAA controls the airspace, everything above ground level,” said Lewis, during an interview with The Citizen. “With regard to local law enforcement they should consult with the FAA whether they are going to charge somebody. In my opinion this whole drone invasion is a little over blown. Until we find out through proper channels what they are doing, and how long it will last.”
“As far as new regulation at the local level, trying to regulate the air space is just impossible. Every township or municipality could have differing laws and it would be a mess. It’s a fact of life from the federal government.”
“What some have suggested is if townships want to do something (about drone regulations) that we should look at current ordinances and shore up (the regulations) under nuisances,” he said. “The drone can be looked at like a tool, such as a pair of binoculars, or a ladder, you’re not regulating how the drone is used.”