Introduction to drone laws in Michigan
As unmanned aerial systems continue to grow in sophistication, and people of all ages become fascinated by drones, the question arises as to whether drones can legally be operated in Michigan. The answer is a resounding yes, but these rules change frequently, often without much notice. This article lists the legal restrictions impacting drone operations, and will provide you the tools necessary to ensure legal compliance when using your drone in Michigan.
Unmanned aerial vehicles have become commonplace in our society. Many youth and adults own quadcopters with video cameras on board because capturing aerial images and the ability to fly a remote controlled aircraft is exciting. Less appealing, however, is the news about serious injury or property damage that is caused by improper drone use.
With the advent of small, inexpensive drones, there has been an increase in dangerous drone incidents that have the potential to cause catastrophic consequences. As a result , governments at all levels have imposed increasingly regulated requirements on drone use.
Michigan law regulates the use of unmanned aerial vehicles (UAVs) or "drones" for both recreational and commercial use. Additionally, drones also need to comply with federal law, such as the Federal Aviation Administration and the Transportation Security Administration. In total, drone operators in Michigan will have to comply with Federal, State, County, City, and Township laws.
While the majority of drone users in Michigan comply with federal, state, and local laws, there is a tendency to disregard or simply not know about the local laws. Unfortunately, violation of drone laws can lead to criminal charges so it’s important to follow the rules.
The developing technology of drones allows for a multitude of uses. The legal rules governing the operation of drones vary significantly depending upon the type of activity that you intend to use your drone for, such as filming, delivering products, or conducting search and rescue missions.
The difference between federal and Michigan state drone legislation
In the United States, drone law is governed by the Federal Aviation Administration ("FAA"). More specifically, FAA regulations – laid out in Part 107 of the Federal Aviation Regulations ("FAR") and Part 44809 of the FAR (New Statute) for hobbyist drone operations – apply to all matters relating to the operation of small Unmanned Aircraft Systems ("UAS" or "drone") within the national airspace system. State and local governments in Michigan (or anywhere else) are thus preempted from regulating small drone use and operations.
The state and local governments can, of course, regulate land use. For example, a homeowner can put a fence up around his/her yard preventing others from walking on his/her property – use of the property is, after all, a property right. However, when the Fencing Homeowner’s neighbor attempts to fly a drone over the fenced property, the state cannot prevent that individual from doing so.
Problems arise when a state or municipality attempts to regulate the airspace above a property or in other parts of the national airspace system over which the federal government has exclusive jurisdiction. The Michigan State Legislature was made aware of these problems when the Michigan Municipal League pressured it to adopt legislation restricting civilian drone use across Michigan. The Legislature refused, recognizing that restrictions on civilian drone use are prohibited by federal law.
The federal preemption of drone laws applies to industries beyond civilian drone use, but two examples will suffice for purposes of this article: commercial flight operations and drone deliveries. Regarding the former, consider Air Bus and Boeing. Both aircraft manufacturers compete to sell their respective products to commercial aviation companies such as American Airlines and United Airlines. Each manufacturer must comply with FAA-regulated safety standards in order to sell their aircraft to the airlines. With that said, it would be illegal for Congress to pass laws or otherwise for states or localities to pass laws requiring the manufacturers to comply with competitor safety requirements. That is, Boeing and Air Bus cannot be required to satisfy both FAA and Congress (or the states’) safety requirements when they test the safety of a component (e.g., the ABC Flap) of its aircraft. Similarly, it would be illegal for Congress, the states, or municipalities to pass laws requiring American Airlines or United Airlines to comply with both Boeing and Air Bus safety standards when the airline decides to purchase either aircraft.
For the example of drone deliveries, this issue is even clearer. Consider the competition between Uber and Lyft, which are competing to provide consumers with safe, high quality transportation. Allowing states to impose different safety regulations and requirements on ridesharing companies would create confusion and jeopardize competition. It would also be illegal for Congress, the states, or municipalities to pass laws requiring both companies to comply with both Uber’s and Lyft’s safety standards and requirements. Similarly, ridesharing companies and drone companies both operate in national markets, and both should be free to develop their business models without restrictive and compulsory state safety regulations being the deciding factors determining whether a company can compete on the national market.
Drone registration process
The first step before an operator can take to the skies is ensuring that the unmanned aerial vehicle (UAV), or drone, is registered as required under federal law. DMV issues specific registration requirements surrounding drones, all of which must be adhered to in order to ensure compliance with the law.
Drone registration
At the federal level, any UAV that weighs more than .55 pounds must be registered. Here are the basic federal rules:
A registration with the FAA includes a unique ID number that must be displayed on the exterior of the drone that is being flown. Starting December 12, 2017, the registration number will be a 10-digit alphanumeric number. The registration number must be affixed to the exterior of the drone, or "other means of affixation," according to the FAA in a recent drone registry update. For drones that are too small to bear an ID, the Federal Aviation Administration (FAA) has added an "alternate means of compliance," which allows the drone pilot to keep the registration certificate in their flight bag instead of the drone. The certificate must be kept on-hand so that it can be present to authorities upon request.
For now, drone registration is valid for three years, but those rules could change if a bill passed by the U.S. House of Representatives is enacted. The bill calls for all drone registrations that have been issued since 2015 to be cancelled, and for a fee of $5 to be attached to all future registrations. As of now, the fee is free of charge.
Federal penalties
Before flying a drone in Michigan, an operator must ensure the drone is registered with the FAA. If the drone is not registered, the FAA could impose a fine of up to $27,000. In addition, a drone operator could face the possibility of a criminal conviction, even for a first offense. Among the other potential consequences of unlawful operation of a UAV is the potential for monetary fines of $250,000, up to three years in prison, or both. However, prosecution for criminal violation is not common and is only reserved for instances where the violation is deemed egregious, such as using a drone to deliver contraband to an inmate at a local prison or delivering goods via drone to a location within a national park.
Michigan state law is less strict that federal law when it comes to registration. It is not illegal for a person to fly an unregistered drone unless the drone is being flown for commercial purposes, in which case it is required to be registered federally. Failing to register a drone used for commercial means could lead to a penalty of up to $500, so it is imperative that drone pilots always comply with applicable FAA regulations for registration and operation.
Drone rules for operation
A common concern shared by many drone pilots is whether their flight activity will interfere with manned aircraft or violate federal regulations. For this reason, it’s wise to consider the following operating restrictions when preparing for your next flight. Fly at or below 400 feet. A drone cannot fly higher than 400 feet above ground level unless it is climbing as part of a takeoff or landing. However, keep in mind that if you launch a drone up to 400 feet, it could potentially drift into controlled airspace. That being said, novice pilots should avoid flying above 200 feet (ft.) until they become familiar with the controls and how their aircraft responds to each input. Avoid flight around airports. Pilots should avoid the airspace of any airport listed in Federal Aviation Administration (FAA) regulations or notams, including airports with control towers, in Class D, E and G airspace. In these restricted areas, drone pilots must observe the same regulations as manned aircraft when flying in controlled airspace. To provide yourself with at least 5 nautical miles, consider creating a buffer zone around airports that maintains a distance of 5nm from the center and 1.5 nautical miles from each end of a runway. Flying in areas near an airport or other high-density area requires extensive knowledge of local air traffic and regulations, including notams and weather. Blatant disregard of these restrictions may result in license suspension or revocation. Avoid flying on or near other people. Pilots may not fly directly over people. Even operations in Class G airspace require the pilot to maintain a minimum distance of 500 feet from any person who is not directly participating in the operation of the unmanned aircraft. Pilots should fly only in sparsely populated areas to lower the risk of injury to nearby people in the event of a crash. When operations involve other people, refer to FAA requirements for waiver- and public-approval procedures. Fly in sparsely populated areas. Pilots may not fly closer than 500 ft. from people, structures or vulnerable objects unless certain conditions are met. The FAA encourages pilots to fly only in sparsely populated areas or areas of low density to reduce the potential for accidents in case of a crash. Observe privacy and security laws. Pilots must ensure that their data collection and privacy practices comply with all applicable Federal and State laws. Pilots should avoid flights over publicly owned beaches, parks, schools, playgrounds, pools and urban environments, in addition to areas with significant vehicular or pedestrian traffic. Pilots should not fly over sensitive facilities or critical infrastructure such as stadiums, military bases, power plants and government facilities.
Licenses and Permits to Operate a Drone
For commercial drone use in Michigan, the FAA requires operators to obtain a Remote Pilot Certificate, which is essentially a license to fly drones for business purposes. To get this certificate, applicants need to pass the FAA’s Aeronautical Knowledge Test for Remote Pilots, which is administered at designated testing centers throughout the U.S. This is a multiple choice test, and you will need to score at least 70% correct to pass. The $150 testing fee is payable online when you register to take the test, and you will get your results back within a day.
The test covers essentially the same information contained in the FAA’s Drone Pilot Training Manual. To prepare for the test, you can read the manual, take an online course providing an overview of the test material, or take an in-person class at a drone training academy.
Once you pass the test, you will need to pass a security background check. If you are a United States citizen or permanent resident, this portion is relatively simple, and only takes about a week to process in most cases . However, if you are not a United States citizen or permanent resident, it may take up to several months for a permanent resident alien application submitted by you to be processed, including a security threat assessment by the Transportation Security Administration (TSA). If you are from a country identified by the U.S. State Department as sponsoring terrorism, your application will be more difficult to approve, and will require additional processing.
Lastly, there is a one-time fee of $5 to register your drone with the FAA. In most cases, approval through the FAA Manned Aircraft Registry is almost instantaneous. Some registrants have received their Certificate of Registration via email and online download in less than an hour. Others may take 2-3 days, but the vast majority are received by registrants within several days. A small number of registrations have taken weeks, but these are the exception rather than the rule.
For commercial uses of drones, state and local laws may require additional permits, licenses, or registrations before the drone can legally be flown. For example, many cities, like Detroit, prohibit flying drones in their city limits entirely, while other cities issue permits for flying in certain areas.
Penalties of breaking drone laws
Violating any of the federal, state, or local drone laws could result in stiff fines, jail time, or both. The most common drone law violations involve flying in a restricted area or emergency zone or failing to maintain visual line-of-sight. Michigan law classifies drone-related offenses under the following broadened categories: family violence; stalking; aggravated stalking; and aggravated stalking with a dangerous weapon. If you violate a family violence law with a drone, you will be subject to 5 years to 10 years in prison, a fine of up to $150,000, or both. For example, if you were to use a drone to consistently harass or intimidate someone, you could face these penalties. If you violate a stalking law with a drone, you will be subject to 5 years to life in prison, a fine of up to $500,000, or both. If, for example, you use a drone to stalk a government official, you could face these penalties. If you violate an aggravated stalking law with a drone, you could face 25 years in prison, a fine of up to $500,000, or both. If, for example, you use a drone to stalk a police officer, you could face these penalties. If your offense also involved the use of a dangerous weapon — a firearm or cutting instrument — you will face 10 years to life in prison, a fine of up to $5 million, or both. If, for example, you were to use a drone outfitted with a cutting instrument to threaten someone, you could face these penalties. If you violate a law, rule, or regulation pertaining to a drone operation, you will be charged according to the statute that created the law. For example, Michigan law prohibits flying over a building without permission from the building’s owner. Violation could be a misdemeanor, punishable by a fine of up to $500.
Future Trends and Changes of Drone Law in Michigan
As the use of drones continues to expand into various sectors—like delivery services, agriculture, and environmental monitoring—state and federal bodies are expected to implement new laws and regulations that keep pace with this rapid growth. In Michigan, as across the nation, prevailing efforts involve a balance between facilitating the technology’s benefits while addressing the pragmatic concerns of safety, privacy, and security.
Pending Legislation of Interest: When starting this blog at its inception, both republicans and democrats were sponsoring bills that would have eliminated or significantly curtailed the data collection provisions of the 2016 act discussed above. Less than one year later the GOP has after considerable consideration, changed course to sponsor a bill to use drones in their 2020 census efforts. And believe it or not a republican is now the chief sponsor of a bi-partisan bill to update a couple of things in the 2016 act.
Other Noteworthy Doings: The National Institute for Standards and Technology (NIST) is working on standards "designed to help manufacturers and service providers operate safely and securely." Its latest standards focus on quantum encryption and measures of anti-spoofing capabilities. NIST is also producing a report, due in summer of 2019, that identifies drone uses and the need for standards to ensure safe integration .
In Michigan a bipartisan group of congressional representatives and senators are proposing a bill aimed at encouraging drone safety through a voluntary scheme to certify drone operators that abide by the new rules. They want to give drone operators an opportunity to demonstrate superior adherence to guidelines, after which they would receive a certification recognized by government agencies and some businesses.
There are several bills currently pending in the House of Representatives that would preempt state or local law. This "preemption" means the federal government takes control over the subject matter addressed in the bill. These bills would preempt state or local law as follows:
- Allowing certain individuals the right to access remote identification of a drone, including law enforcement officials and, in some cases private entities involved in investigations into "serious criminal incidents," and five-energy utilities operating under certain circumstances;
- Working with the FAA to create a federal drone registration system, and preempting any state or local laws, including fees, under those laws; and
- Directing the Secretary of Transportation to consult with foreign governments and the International Civil Aviation Organization to develop an "implementation plan for integrating drones into the international air traffic control system," and preempting any state or local laws regarding the systems put in place, other than laws requiring operators to register in the U.S.