The Tribune

EDITOR, The Tribune. 

Given the limbo within which drone regulation currently exists today, one is hard-pressed to effectively provide advice regarding the use of unmanned aerial vehicles (UAVs) (better known as) drones throughout The Bahamas.

This limbo is as a result of the self-termination of Special Regulation No 1 of 2016. This regulation was issued by the then existing Civil Aviation Department. Among other things, this regulation provided for its own termination, twelve months after its coming into force, unless incorporated into law or repealed by the Civil Aviation Department. The captioned regulation came into force February 2016, but has not been incorporated into law and has not been repealed by the Civil Aviation Department, which is no longer in existence.

As such, by way of the Special Regulation’s sunset provision, accompanied by legislative inaction, the regulation of drones in The Bahamas has been returned to a state of limbo. A sunset provision is any stipulation that a programme, statute, regulation or other reference ceases to exist or be in force at a particular time unless further specific action or occurrences take place. 

While perhaps rather tempting due to its convenience, this situation is not adequately addressed by merely re-issuing the previous regulations. In fact, this approach (if taken in isolation) is likely to only result in more questions as opposed to the production of answers.

This is as, the Special Regulations issued in early 2016 did not comprehensively address the issue of drone use in The Bahamas. This, however, is easily understood and accepted given the context, implicit by the inclusion of the regulation’s sunset provision. Therefore, it is worth noting, that the purpose of the special regulation was merely to enact temporary measures to respond to a new phenomenon which at the time was also just beginning to be regulated substantively by the Federal Aviation Administration (FAA). However, having passed the time stipulated in the special regulation’s sunset provision, action is now required.

Therefore, it is appropriate for the relevant authorities to engage stakeholders in taking steps towards correcting this dilemma. The Bahamas is now presented with the opportunity to move in-step with other jurisdictions like, for example the United States of America that have, through its [FAA] (as well as state legislatures) implemented steps to regulate this relatively new phenomenon and address the attendant concerns of public safety, privacy rights and attribution of liability pertaining to tortious conduct that are all associated with drone use.

Further, the relevant civil aviation authorities are well advised to lead this charge by drafting legislative proposals for debate in Parliament as was foreshadowed in the language of Special Regulation No. 1. All with a view towards elevating drone usage and its necessary regulation in The Bahamas.

Such stakeholder and legislative action is not only timely and forward-thinking, but also useful in strengthening the continued growth of this fledgling industry in our sunny isle, thereby enabling us as a people to again lift our heads and standards to the rising sun.

KEITH O MAJOR II, AA, LL.B (Hons), LEC

Nassau, 

 November 17, 2017.