Legislation Prevents Local Ordinances Regulating Drone Use

SB 992 was passed out of House Committee this week and action is expected on the House floor early next week. This legislation provides a regulatory framework for individuals to legally operate drones in Michigan. It also sets forth provisions that an individual operator must follow or be subject to criminal penalties. Finally the bill sets up a task-force to put forward additional policy recommendations on the use of drones in Michigan.

Unfortunately though this bill removes the ability for local units of government to adopt their own ordinances regulating drone usage within their community. We have had conversations with the sponsor and as a result were able to secure direct representation on the task-force to address usage at the local level, but could not come to an agreement on striking the preemption language.

Should you have concerns about local preemption of drones please reach out to your Representative to share those concerns.

John LaMacchia is the Assistant Director of State and Federal Affairs for the League handling transportation, infrastructure, energy and environment issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

In an effort to leverage innovative technologies in a safe and beneficial way for all citizens of Michigan, the Michigan Department of Transportation (MDOT) has been working with other State of Michigan Agencies to develop policies for appropriate use of Unmanned Aerial Vehicle Operations within properties of the State, including MDOT Rights-of-Way. At this time those policies have not been finalized.

Effective immediately, and until further notice, MDOT strictly prohibits the operation of Unmanned Aerial Vehicles (UVA’s) or drones within MDOT’s Right-of-Way by MDOT employees, contractors and/or subcontractors, consultants and/or subconsultants, suppliers, local road authorities’ employees or their agents, and MDOT permit customers. This does not prohibit local road authorities’ employees or their agents use of this technology within their own Right-of-Way.

MDOT acknowledges that responsible use of this technology is promising for many survey, construction and operation data collection and monitoring activities, and is anticipated to provide many safety, efficiency and cost savings benefits. MDOT will be evaluating and establishing safety and operational protocols, along with necessary processes for the appropriate and effective use of this technology through current on-going academic research. The departments number one priority is the establishment of protocols that will ensure the operations of this technology do not present undue risk to motorists, pedestrians, employees, and property within the ROW in the future.

MDOT will continue to coordinate with the League and other industry partners to develop the guidance, advisories and contract language necessary to allow for the controlled use use of this technology within their ROW in the future.

If you have any questions please contact Steve Cook at 517-636-4094 or cooks9@michigan.gov.

John LaMacchia is the Assistant Director of State Affairs for the League handling transportation, infrastructure, energy and environment issues. He can be reached at jlamacchia@mml.org or 517-908-0303.