The proposed UAE regulations are ambiguous and contradictory in some instances and therefore will cause confusion to UAE owners, political subdivisions, and Virginia Department of Aviation (DOA). Prior commenters addressed some of the ambiguities, which DOA has not addressed. Additional examples follow. Recommend submitting draft regulations to VACO, VML, and other locality working groups to improve content.

1. 24VAC5-20-410 is entitled “Definitions for Part VIII, Unmanned Aircraft,” but there is no corresponding Part VIII Unmanned Aircraft section in the proposed regulations.

2. 24VAC5-20-410’s definition of “locality” is “county, city, or town,” but towns are located within counties; therefore, it is unclear which regulations would prevail in the event of inconsistency between town and county regulations.

3. 24VAC5-20-420 Political Subdivision Powers, subsection A, says political subdivisions “may regulate the take-off and landing of an unmanned aircraft on property owned by the political subdivision, in a manner consistent with this part.” The italicized and underlined words present different ambiguities.

a. Overall, the wording implies that political subdivisions that do not allow UAS activity on their property need to proactively adopt regulations in order to prohibit such activity. In other words, the proposed regulation implies that UAS activities are allowed on public property unless a locality adopts prohibitory regulations. But the public has no inherent right to use public property for recreational or other purposes, and therefore the proposed regulation will cause confusion. For example, localities post public park rules stating what is allowed and what is prohibited – they do not have to adopt ordinances or resolutions in order to enforce their property rights. The wording of the proposed regulations imply otherwise.

b. DOA intends to gather and publish regulations on its website to allow the public to see all political subdivision regulations in one location. DOA needs to convey on its website that political subdivisions with no adopted UAS regulations means UAS activity is not allowed on that political subdivision’s property. Otherwise, the public may infer the opposite – that no regulation means no prohibition.

c. The words “in a manner consistent with this part” are unclear as to what “this part” means. The next section, 24VAC5-20-430, contains procedures inconsistent with this section, which adds to the confusion.

4. 24VAC5-20-420 Political Subdivision Powers, subsection B, states “[t]he regulations may provide for times when take-offs and landings are allowed.”

a. This single sentence is oddly placed as a separate paragraph following the prior paragraph containing the main regulatory authority. This single sentence paragraph creates the same ambiguities described in the comments above (i.e., permissive regulatory authority not adopted means activity not allowed, not the inverse that the public might presume).

5. 24VAC5-20-420, subsection C, says the regulations may designate specific properties of increased concern for public safety or risk to natural resources where an operator seeking to use the property must show (i) the purpose of the take-off and landing, (ii) what steps the operator will take to limit risk to the public or to natural resources, and (iii) information to demonstrate that the take-off and landing can be carried out without harm to the identified public safety risk or natural resources. On such properties, the regulation may deny permission to take-off or land unmanned aircraft, unless the operator can demonstrate the safety of the take-off and landing, based on the information provided.

a. This paragraph appears to give UAS operators power over political subdivisions, which is unconstitutional. Political subdivisions have the choice to allow or disallow UAS activity on their property.

6. 24VAC5-20-420, subsection E. No political subdivision shall require a permit for operators for take-off and landing unmanned aircraft in areas designated for unmanned aircraft use. This subsection shall not apply to unmanned aircraft covered by subsection C of this section.

a. It is unclear which areas or properties are “areas designated for UA use” and how someone would become aware of these areas.

7. 24VAC5-20-420, subsection F. No [political] subdivision shall regulate the take-off and landing of unmanned aircraft with a ready-for-take-off weight of less than 0.55 pounds, except on properties regulated pursuant to the authority [in subsection B] of this section.

a. This subsection is missing the word “political” as the second word, so that it reads “no political subdivision” instead of “no subdivision.”

b. The reference to subsection B does not makes sense based on the content of subsection B; it should probably refer to subsection A instead, which contains regulatory authority.

c. This paragraph appears to give UAS operators power over political subdivisions, which is unconstitutional. Political subdivisions have the choice to allow or disallow UAS activity on their property.

8. 24VAC5-20-420, subsection G. Any political subdivision may provide or participate in offering UAS classes, competitions, and similar events on its property.

a. This section does not appear to comply with statutory training requirement contained in the enabling legislation.

9. 24VAC5-20-430 Procedure for adopting an ordinance or regulation
a. This section contains contrary verbiage with the Powers section.

10. 24VAC5-20-430, A. Any locality that proposes to regulate the take-off and landing of unmanned aircraft on property owned by it shall enact such regulations by ordinance or resolution. Any other political subdivision shall adopt regulations for such purposes.

a. First use of the word “Resolution,” but it is not carried out through procedure as noted below.

b. Unlike the Powers section, this paragraph properly implies that localities have the Power to choose whether to regulate or not.

11. 24VAC5-20-430, B. No proposed ordinance or regulation may be advertised for a public hearing until the political subdivision has submitted the regulation to the department for comment and the department has notified the political subdivision that the ordinance or regulation is consistent with this chapter.

a. Does not contemplate regulation by “resolution” thereby leaving them out of public hearing and notice requirements.

12. 24VAC5-20-430, C. A locality may regulate the use of unmanned aircraft by ordinance or resolution. The locality shall hold a public hearing prior to adoption of regulations. The locality shall advertise the hearing and the substance of the ordinance or regulation on the locality website for a minimum of 14 days, displayed where public hearings are set out on the locality's website and shall include the advertising in the applicable social media feeds of the locality for the same period of time. The regulation must be based on findings of need for public safety protection or protection of specific natural resources.

a. Permissive authority to regulate use rather than take offs and landings, which is much more expansive and contradictory to implied limits of Powers section

b. Does not contemplate localities with no website or social media

c. Requires localities to spend funds on needs assessment in order to regulate activity on its own property, unconstitutional.

13. 24VAC5-20-430, D. Any political subdivision other than a locality shall hold a public hearing prior to adoption of a regulation. The other political subdivision shall advertise the hearing and the substance of the regulation on the subdivision's website for a minimum of 14 days, displayed where public hearings are set out on the political subdivision's website and shall include notice of the advertising in the applicable social media feeds of the subdivision for the same period of time. The regulation must be based on findings of need for public safety enhancement protection or protection of specific natural resources.

a. Duplicative of prior paragraph for localities but same procedure, so they should be combined.

14. 24VAC5-20-430, E. Every political subdivision shall report the adoption of any regulation permitted by this chapter to the Department of Aviation within 14 days of adoption. The report shall include an electronic copy of the regulations, policies, maps, and any other documents related to the regulation with links to the political subdivision's regulation. No regulation shall take effect until it is published on the department's website.

a. Municode can take months to update, therefore, localities cannot guarantee it will be available online at any given time period. Localities need to state an effective date when adopting ordinances and resolutions.

b. What is the procedure for political subdivisions that choose not to regulate? Do they have to submit anything to DOA? Again, UAS activities would not be allowed where no regulations adopted.

15. 24VAC5-20-430, F. The department will publish all new or revised regulations or ordinances or provide links to the political subdivision's website pages containing such information within 14 days of receipt from the political subdivision. The department shall publish and update annually on its website, and any other website the department deems appropriate, a summary of any such regulations or ordinances adopted.

a. See prior comments about implications of posted regulations in areas where no regulations adopted, and timing and availability of such regulations.

16. 24VAC5-20-430, G. If, at any time, the department deems a political subdivision's local regulation to be inconsistent with this chapter, the department will inform the subdivision of the discrepancies. The political subdivision shall amend its regulation to eliminate the discrepancies.

a. See prior comments about usurping authority of political subdivisions, and in particular, the implications of UAS authority in political subdivisions that do not adopt regulations, in which areas UAS activity would be prohibited.