On Tuesday the Uniform Law Commission (ULC) released their newest draft of the Tort Law Relating to Drones Act. The proposed law would further stagnate the commercial drone industry.
The new draft offered a more narrow definition of aerial trespass and would give homeowners the right to sue drone operators for flying over their property under certain conditions. Ten factors determine whether incidents of flying over private property should be deemed illegal, such as: time flown over the property, whether the drone had impeded use or enjoyment of the property, the number of times the drone had passed over, and others.
In July of 2018 the first draft of the bill was published, which the drone industry almost unanimously refuted.
As stated in our official response to the first draft in July, WhiteFox’s main concerns were that the draft, as written, would: increase litigation rather than reduce it, shift the burden of proof to drone operators, and eviscerate the social and commercial benefits of drones. Specifically, we were concerned that the proposed legislation would prohibit the reasonable and appropriate use of commercial drone photography and videography.
Though the new specificity is appreciated, our concerns are unmoved by the draft’s changes.
We maintain that a person’s moral entitlement to the enjoyment of their land is contextual with the technology of the time. Though drones offer new concerns of disruption for homeowners, their worries pale when compared to the nuisances offered by traditional aircraft.
And thus, we find this bill proposal falls short, again.
Click here to read our official response on the ULC website.
