PHOTOGRAMMETRIC ENGINEERING & REMOTE SENSING
February 2016
91
SECTOR
INSIGHT:
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com
Having a list of the current regulations is just the first step.
Every provider of a potentially regulated product or service
should be aware of and understand how specific state regula-
tions impact their practice because each state regulates geospa-
tial products and services differently. Products or services that
are regulated in one state may not be regulated the same way
(or at all) in another state. For the practicing geospatial profes-
sional (whether it be an engineer, surveyor, photogrammetrist,
GISP or UAS pilot), knowledge of an individual area of practice
is essential. Knowledge of state, local and possibly even federal
regulations are required to properly perform services, provide
products and fulfill contractual requirements for clients.
As mentioned earlier, the geospatial industry is going through
rapid changes as advancements are made in measurement
technologies and capture platforms. The miniaturization of
measurement technologies (e.g. imagery and lidar systems)
combined with the new and readily available low-cost UAS have
allowed for an unprecedented opportunity for both individuals
and firms to get into the business of collecting data to support
an ever-expanding variety of geospatial products and services.
The field-to-finish (e.g., black box) software solutions supporting
these new advancements allow for anyone to provide products
that appear to be the same as those that have historically been
created utilizing validated photogrammetric methods.
At almost every major geospatial conference in the last few
years, the “big” giveaway is a UAS. Does this mean that any-
one can use this technology to create and provide services to
the public? Various states have proposed or enacted legislation
that clearly states otherwise. Over the last few years, there
have been regulations enacted by over twenty (20) states re-
garding UAS use
2
. The 2012 FAA enacted its Section 333 ex-
emption policies
3
, and in November 2015 published its report,
Unmanned Aircraft Systems (UAS) Registration Task Force
(RTF) Aviation Rulemaking Committee (ARC) Task Force Rec-
ommendations Final Report
4
, in which it recommended that
all UAS flying within U.S. airspace that have a mass of more
than 25 grams (~0.55 pounds) be registered with the FAA.
The new legislation and rules are examples of how the land-
scape of certification and licensure is being affected by new
technologies. These rapid changes beg the questions as to
which geospatial products and services should require cer-
tification and which should require licensure. How will the
current and future practice of certified and/or licensed pro-
fessional practice be affected by these changes? The answers
to these questions will define the future of all practicing geo-
spatial professionals, whether they are engineers, surveyors,
photogrammetrists, GISPs or UAS pilots.
To help facilitate appropriate regulations regarding certifica-
tion and licensure, the ASPRS Professional Practice Division
(PPD)
5
proactively engages states to discuss potential legis-
lative changes, and assists states by reviewing current and
proposed state licensure laws related to geospatial products
and services. ASPRS PPD works with individual states to
ensure that there is an available licensure path for appropri-
ately educated and experienced professionals. ASPRS PPD
also actively engages other national geospatial organizations
(URISA, NSPS, MAPPS, etc.) to coordinate efforts of regula-
tion review and interpretation, with the goal of appropriately
advising legislative bodies on legislation relating to existing
and future geospatial products and services. Additionally,
ASPRS has formed its Unmanned Aerial Systems Division
whose “objectives include outreach and education, liaising
with UAS-interested parties outside the Society, develop-
ment and promotion of standards and best practices, estab-
lishment of calibration and validation sites, and credential-
ing and certification activities…”
6
While it is in the best interest of every practicing professional
to be active in his or her individual national organizations, it is
incumbent upon every practicing geospatial professional to stay
up to date on the specific rules affecting his or her practice. The
combination of these two items is the only way to ensure the ap-
propriate implementation of certification and licensing require-
ments, while also ensuring the protection of the health, safety
and welfare of the public in our fast-paced geospatial world.
References
1
2
Current Unmanned Aircraft State Law Landscape
, by Na-
tional Conference of State Legislators, November 25, 2015:
3
FAA Modernization and Reform Act, of 2012, HR 658
, by
Federal Aviation Administration (FAA):
and
4
Unmanned Aircraft Systems (UAS) Registration Task
Force (RTF) Aviation Rulemaking Committee (ARC) Task
Force Recommendations Final Report
November 21, 2015:
5
6
Author
Michael Zoltek
,
, is Senior Project
Manger at Woolpert; Director of the Professional Practice Di-
vision (PPD) of ASPRS; ASPRS Certified Photogrammetrist;
State Licensed Surveyor/Photogrammetrist* - AL, AZ, CA,
CO, CT, FL, GA, ID, LA, MS, NC, ND, NM, NV, NY, OR*, PA,
SC, SD, TN, TX, WA, WI, WV, US Virgin Islands; Certified
Federal Surveyor (CFedS); Geographic Information Systems
Professional (GISP), Nevada State Water-Right Surveyor.
