Amazon's Drone Delivery Service Collides with State Laws and Federal Regulations

Amazon's drone delivery service is facing challenges due to conflicting state laws and federal regulations. In Arizona, dropping an object from an aircraft over a populated area is considered a misdemeanor, while in Michigan, written permission from local authorities is required before anything can be dropped from an aircraft.

Illinois requires a state permit for every drop, filed 14 days ahead of time, which specifies the date, time, and location. Of the three drone delivery operators in DroneXL's tracker, Amazon is the only one that lets go of packages in flight; Wing and Zipline lower theirs on tethers.

Amazon argues that since the FAA owns the airspace, state statutes cannot reach a federally certificated air carrier. However, federal law defines an aircraft as any device used to navigate or fly in the air, which would include Amazon's 83-pound MK30 drone.

The National Transportation Safety Board settled this point in 2014, and Congress clarified it in 2018 when it wrote Section 44801 into the U.S. Code. The FAA enforces this reading when it suits them, prosecuting people who shoot at drones under the aircraft sabotage statute.

Amazon's MK30 descends to about 13 feet above customers' yards before releasing packages, which matches the definition of a drop in state statutes. Illinois, Michigan, and Arizona have specific regulations regarding dropping objects from aircraft, with some states requiring permits and others making it a misdemeanor without one.