September 2019 Full - page 622

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September 2019
PHOTOGRAMMETRIC ENGINEERING & REMOTE SENSING
Having a list of the current regulations is just the first step. Ev-
ery provider of a potentially regulated product or service should
be aware of and understand how specific state regulations impact
their practice because each state regulates geospatial 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 professional (wheth-
er 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 tech-
nologies and capture platforms. The miniaturization of measure-
ment 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-ex-
panding 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 utiliz-
ing 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
certification and licensure, the ASPRS Professional Practice
Division (PPD)
5
proactively engages states to discuss potential
legislative 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 appropriately educated and experienced professionals.
ASPRS PPD also actively engages other national geospatial
organizations (URISA, NSPS, MAPPS, etc.) to coordinate
efforts of regulation 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
Autonomous Systems Division whose “objectives include
outreach and education, liaising with UAS-interested parties
outside the Society, development and promotion of standards
and best practices, establishment of calibration and validation
sites, and credentialing 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; current Chair of the ASPRS Certification
Committee; current board member of the Florida State Board
of Professional Surveyors & Mappers; former Director of the
ASPRS Professional Practice Division (PPD); ASPRS Evalu-
ation for Certified Photogrammetrist; Certified Federal Sur-
veyor (CFedS); Geographic Information Systems Professional
(GISP); and a Licensed Surveyor/Photogrammetrist* in the
states of AL, AZ, CA, CO, CT, FL, GA, ID, KY, LA, MS, NC,
ND, NJ, NM, NV, NY, OR*, PA, SC, SD, TN, TX, WA, WI, and
WV.
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