Overview
Law360 quoted Dane Jaques and Rebecca Lipe in a January 1 article examining transportation-related legislation and regulation that's on deck for 2020.
Congress has been threatening to install stricter oversight of the Federal Aviation Administration (FAA) after fatal crashes involving the Boeing Co.'s 737 Max aircraft. The planes have been grounded globally since March following two crashes overseas that killed hundreds. Jaques says that if the FAA were to eliminate or severely restrict the delegation of authority, the consequences would be severe because the aviation industry has "grown up around these delegations and relies on them to efficiently design, manufacture, operate and maintain aircraft."
"There is a legal adage that says 'hard cases make bad law,' meaning that an extreme case is a poor basis for laws that apply more generally," Jaques adds. "Let's hope that an extreme case like the design problems in the 737 Max do not cause a significant change in the FAA's designated authority programs."
In addition, lawyers and drone industry stakeholders are waiting for the FAA to finalize two proposed rules: one concerning the remote identification and tracking of drones in flight and one allowing for drone flights over people. Some say the two rules will advance the overall federal regulatory framework governing drones, because figuring out how to track drones once they're airborne will help regulators and law enforcement determine which drones should or shouldn't be flying in any given area.
Lipe says, "Such waiver reform is necessary in order for the FAA to continue to incorporate small UAS into the national airspace and for the approval of more advanced operations such as flights beyond visual line of sight and over people."
The full article can be read at Law360 (subscription required).