Title

Drones: Where does the National Airspace System Start?

Presenter Email

jloren10@kent.edu

Location

Mori Hosseini Student Union Events Center (Bldg #610) – Rooms 165 E/F

Start Date

3-2-2020 8:00 AM

End Date

3-2-2020 9:30 AM

Submission Type

Presentation

Topic Area

Urban Air Mobility - Challenges and opportunities for pilots; Implications for pilots; Integrated Airspace (Manned vs. Unmanned); Managing the National Airspace System: What role should government play?; Implications for pilots

Other Topic Area

Federal Aviation Regulations, Property Law, Airspace

Keywords

UAV, UAS, Drones, Drone, Law, Property Law, National Airspace System, Constitutional Law, Nuissance Law, Federal Aviation Regulations, Constitutional Law, Nuissance, Privacy, Drone Operations, Drone Regulations Development, UAS operations, UAS Regulations Development

Abstract

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace begin and where do private property rights end? The juxtaposition of private property rights and navigable airspace are inherently in conflict when considering common law principals and two seminal cases, Causby v. United States, 328 U.S. 246 (1946) and Griggs v. Allegheny County, 369 U.S. 84 (1964). The FAA purports that the National Airspace System starts at the surface. However, common law principles of property, nuisance, trespass, privacy, and Fourth and Fifth Amendment Rights of Constitutional Law along with state and local laws actually define where the National Airspace System starts, not the FAA.

This research will provide a thorough examination of Case law, common law and local law. Considerations from this repertoire of judicial and common law principles will provide law makers, FAA regulators, legal practitioners and drone pilots key considerations to address in developing laws that appropriately meld the integration of the UAS operations within the NAS.

Presenter Biography

Jason Lorenzon is a FAA licensed Commercial Pilot with a multi engine, and instrument ratings. He also is an FAA licensed Certified Flight Instructor, Instruments and Multi-Engine. He was one of the first pilot/lawyers to receive the Remote Pilot In Command sUAV FAA Certificate in Ohio.

Mr. Lorenzon’s first passion was always aviation. When his parents would not let him achieve his dream of becoming a pilot, he would sneak to the Windsor Airport as a teenager and by the age of eighteen he received his Canadian Private Pilot’s License. As only one college in Canada offered an aviation degree, Mr. Lorenzon followed his other passion of Political Science and Music at the University of Western Ontario. While there, he even petitioned unsuccessfully, for an Aviation Program. He was awarded two degrees in 1995, a Bachelor of Arts in Political Science and a Bachelor of Music (with distinction). Mr. Lorenzon continued his graduate studies at the Cleveland Institute of Music.

As a lawyer, Jason Lorenzon’s passion is to help people achieve “the American Dream” and to keep families united and to keep pilots flying. His desire to help others comes from his deep faith and many years serving the Roman Catholic Church as a Director of Music Ministry, prior to his career as a lawyer. Mr. Lorenzon is an immigrant himself, coming to the United States as a student on an F-1 visa in 1995, and his goal is to help others do the same. Mr. Lorenzon obtained his green card in 2000 and United States’ citizenship in 2006. While Mr. Lorenzon was a successful church musician and international organ competition award winner when he came to this country, he utilizes all of his talents and knowledge to assist clients in the legal process.

Mr. Lorenzon is a graduate of the Cleveland State University Marshall College of Law and his Bar admissions include the State of Ohio, State of Florida, and the United States District Court for the Northern District of Ohio, Southern District of Ohio, Middle District of Florida, Southern District of Florida, and the Sixth Circuit Court Circuit of Appeals. While he attended Cleveland State, he worked full time and was managing editor of the Journal of Law and Health.

When he can, Mr. Lorenzon generously volunteers his services to the community, and was recently was honored for his work in foreclosure defense, when he received the “Volunteer of the Year for the Community Legal Services of Akron Award.” Additionally, in 2010, he was awarded the Community Service Award for Attorneys 40 & Under for District 11 by the Ohio State Bar Foundation and he was named a Rising Star by Ohio Super Lawyers for the area of immigration for 2011. He serves on the Aviation Law Committee of the Florida Bar. In 2016, Mr. Lorenzon was named as chair of the Aviation Law Committee of Ohio State Bar Association.

Finally, Mr. Lorenzon dedicates his time to community service. He volunteers his time by serving as trustee on the Akron Symphony Board, and serves as Chair of the Board of Zoning Appeals for the Village of Richfield and serves as a Safety Lead for the FAA Safety Team program.

Mr. Lorenzon teaches Aviation Law, Aviation Security, and Policy and periodically instructs Flight Tech majors at the Kent State Airport.

View Jason Lorenzon’s Bio Page

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Mar 2nd, 8:00 AM Mar 2nd, 9:30 AM

Drones: Where does the National Airspace System Start?

Mori Hosseini Student Union Events Center (Bldg #610) – Rooms 165 E/F

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace begin and where do private property rights end? The juxtaposition of private property rights and navigable airspace are inherently in conflict when considering common law principals and two seminal cases, Causby v. United States, 328 U.S. 246 (1946) and Griggs v. Allegheny County, 369 U.S. 84 (1964). The FAA purports that the National Airspace System starts at the surface. However, common law principles of property, nuisance, trespass, privacy, and Fourth and Fifth Amendment Rights of Constitutional Law along with state and local laws actually define where the National Airspace System starts, not the FAA.

This research will provide a thorough examination of Case law, common law and local law. Considerations from this repertoire of judicial and common law principles will provide law makers, FAA regulators, legal practitioners and drone pilots key considerations to address in developing laws that appropriately meld the integration of the UAS operations within the NAS.