Contending with Imprisonment over Drone Mapping, a North Carolina Resident Wages Primary First Amendment Battle
Drone Mapping Case Against North Carolina Heads to Appeal
The Institute for Justice (IJ) is appealing the verdict of the first case heard in Michael Jones' battle against the state of North Carolina. Jones, the owner of 360 Virtual Drone Services LLC, is a drone pilot who has challenged North Carolina's state restrictions on drone mapping.
The IJ, a non-profit organisation that focuses on protecting first amendment freedoms, is representing Jones in his case against North Carolina. The dispute began in 2018 when the North Carolina Board of Examiners for Engineers and Surveyors sent a letter to Jones, stating that his commercial drone work was illegal because it constituted surveying without a license.
The Board considers aerial mapping as survey work and deems providing stitched together images of a property (i.e., orthomosaics) as illegal, even if the images were not taken by the provider. In North Carolina, any georeferenced image or output made using a drone and sold to a client, whether it's a photo, a 2D map, or a 3D map, is considered surveying without a license.
However, it's important to note that no North Carolina statute explicitly mandates a separate state license for non-surveyors performing aerial mapping or drone photography. Licensed land surveyors have specific regulatory authority over official land surveying tasks, but general aerial photography and mapping from drones for commercial or recreational purposes typically do not require a state-issued license beyond FAA remote pilot certification.
Operators must follow FAA rules such as flying below 400 feet, maintaining visual line of sight (unless waivers are granted), and holding the appropriate FAA Remote Pilot Certificate for commercial uses like mapping or photography. There is no indication of additional North Carolina state-level permits or licenses specifically for aerial mapping; instead, the NCDOT Division of Aviation focuses on broader integration and airspace management.
The case involving Michael Jones could serve as a model for other state surveying boards to launch attacks on small drone businesses. At least a half dozen other drone service providers in North Carolina closed or significantly changed their offerings after receiving similar letters. The IJ is accusing North Carolina of stifling innovation with its state restrictions on drone mapping.
The broad language used by the Board could create a chilling effect for anyone thinking about offering drone services. The first court verdict sided with the North Carolina Board of Engineers, finding that the state could punish drone pilots for creating and sharing even basic land information if they weren't surveyors.
The IJ is closely watching the appeal as it makes its way through the system and will keep the public updated on the case's developments. The organisation believes that North Carolina's restrictions on drone mapping are unconstitutional and are hoping to set a precedent for other states to follow. The case involving Michael Jones and North Carolina's state restrictions on drone mapping is bringing the issue to public attention.
[1] FAA Remote Pilot Certificate: https://www.faa.gov/uas/getting_started/becoming_a_drone_pilot/ [2] North Carolina Division of Aviation: https://www.ncdot.gov/aviation/index.html [3] North Carolina Board of Examiners for Engineers and Surveyors: https://www.ncbees.org/ [4] Walmart's drone delivery in Charlotte, NC: https://www.cnbc.com/2020/06/08/walmart-drone-delivery-charlotte-north-carolina.html [5] FAA regulations for commercial drone operations: https://www.faa.gov/uas/commercial_operators/
- The Institute for Justice (IJ) is appealing the verdict against Michael Jones, a drone pilot who owns 360 Virtual Drone Services LLC, challenging North Carolina's state restrictions on drone mapping for commercial purposes, such as aerial photography and mapping.
- The North Carolina Board of Examiners for Engineers and Surveyors has argued that Jones' drone work constitutes survey work, which requires a license, despite no North Carolina statute mandating a separate license for non-surveyors performing aerial mapping or drone photography.
- Jones' case has raised concerns about the potential chilling effect of broad language used by the Board, which could discourage others from offering drone services due to unclear state restrictions on drone mapping.
- Despite the North Carolina Board's stance, operators must still comply with FAA rules for commercial drone operations, such as flying below 400 feet, maintaining visual line of sight, and holding the appropriate FAA Remote Pilot Certificate.
