Urban Air Mobility is The Next Disruptive Shift in Transportation
Its time to shift gears and open our skies
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Drone photographs and the constitution
Is warrantless drone surveillance by the authorities at low altitudes in private air space an unreasonable search?
The Michigan Supreme Court is revisiting a case involving the use of a drone by a township to take aerial photos of a couple's property without a warrant. Last year, the Michigan Court of Appeals ruled in favour of the township, allowing the use of the photos as evidence in a civil action against the couple. The Supreme Court has now ordered arguments to address whether the use of the drone violated the couple's Fourth Amendment rights and if the exclusionary rule applies in this case. The exclusionary rule, which typically applies to criminal cases, prevents evidence obtained through unlawful searches from being used. The justices have also invited persons or groups to submit briefs amicus curiae.
The dispute began when Long Lake Township brought a civil action against Todd and Heather Maxon for violating a zoning ordinance. Aerial photographs taken by a drone showed an increase in junk on the couple's property, violating a settlement agreement. The Maxons objected, claiming that the use of the drone for surveillance constituted an unlawful search and violated their Fourth Amendment rights. The Grand Traverse County Circuit Court ruled in favour of the township, stating that the Federal Aviation Administration (FAA) regulations did not define the scope of the Fourth Amendment. The Maxons appealed, and in April 2021, the appellate court ruled in their favour, emphasising the need for a warrant or equivalent permission for drone surveillance.
The Michigan Supreme Court granted leave to appeal but later reversed its decision, remanding the case back to the appeals court. In October 2022, the appeals court held that the exclusionary rule did not apply in this civil zoning case. Judge Elizabeth Gleicher explained that the exclusionary rule is primarily meant to deter police misconduct and does not extend to lower-level bureaucrats involved in zoning actions. She concluded that excluding the drone evidence would not discourage police misconduct but would deter future use of drones by township employees for zoning violations. Judge Kathleen Jansen dissented, stating that the drone surveillance violated the Fourth Amendment and called for suppression of the evidence. The Supreme Court's review will focus on whether the drone use violated the couple's Fourth Amendment rights and the applicability of the exclusionary rule.
The Maxons assert that the utilisation of aerial photography infringes upon their constitutional protection against unreasonable searches. Todd Maxon expressed his position, stating,
"As an American citizen, I possess the right to be secure on my property without the intrusion of government surveillance conducted through the employment of a drone."
Air taxi developments
Electric Vertical Takeoff and Landing vehicles (eVTOLs) have significant attention due to their zero emissions, quiet propulsion systems, and low projected operating costs. Airlines have recognised their potential and have already begun investing directly in some operators and placing orders with others, viewing eVTOLs as a game-changer in passenger transportation.
The introduction of a regulatory change by the Federal Aviation Administration (FAA) in March 2022 has created uncertainty for manufacturers. The reclassification of eVTOLs as "power-lift" due to their combined airplane and helicopter-like characteristics has altered the criteria for certification, requiring the FAA to establish new regulations, particularly regarding pilot ratings. It appears the regulators are regulating.
Despite the challenges brought by the regulatory change, companies remain determined to navigate the evolving landscape. Archer's Midnight eVTOL has been developed with the aim of incorporating already certified components from companies such as Honeywell and Garmin. This strategy allows for a smoother approval process and expedites production. While the FAA works towards finalising the regulations the company are focusing on addressing other key aspects of the industry, including infrastructure and air traffic control. Waiting for the regulator to catch up as the great unlocking is not the happiest place to be for these operators. They plan to utilise existing helicopter routes and heliports for initial operations.
The FAA has expressed confidence in issuing the first eVTOL airworthiness certificate by the third quarter of 2024, subject to safety considerations. Archer's commitment to progress is evident through their construction of manufacturing facilities in California and Georgia. Ultimately eVTOL companies aim to offer on-demand air transportation services across multiple cities, necessitating the hiring and training of their own pilots to establish a robust pilot pipeline.
While using existing helicopter routes as a trial will keep the eVTOL from trespassing, to grow to a level thats required they need to expand their routes and get access to the air rights of property owners.
FAA Acting Administrator Billy Nolen is set to join Archer Aviation following his departure from the agency this summer. This move is expected to accelerate progress in obtaining certification for their Midnight Air Taxi. What is not clear is how the former acting administrator of the FAA would be able to help quicken the certification for the company!
The FAA recently published airworthiness criteria for the aircraft, and Nolen highlighted the agency's focus on advanced air mobility and air taxis for the 2028 Los Angeles Olympic Games during a speech at the AUVSI Xponential conference. Archer has secured a partnership with United and a deal with Stellantis to enhance production and secure funding. There has been disquiet and reports of regulatory capture.
Wisk Aero
Boeing Company has taken a step towards solidifying its position in the air taxi market by acquiring Wisk Aero. This acquisition follows Kitty Hawk's decision to sell its shares in Wisk, making Boeing the sole owner of the eVTOL vendor. The financial details of the transaction remain undisclosed.
The partnership between Boeing and Wisk began in 2020, when Boeing invested a substantial $450 million in the startup. Specific target dates for certification and commercial operations are yet to be announced, as Wisk continues to work with the Federal Aviation Administration (FAA).
Boeing's acquisition of Wisk Aero reflects a broader trend of major aerospace and airline companies embracing air taxis and investing heavily in their future. The sector has also gained traction in Japan, where companies like Suzuki Motors and Ava Holdings are partnering with innovative air taxi firms to introduce aerial ride sharing services to Japanese residents. With the air taxi market gathering momentum and the support of industry giants, urban transportation can soon undergo a transformative shift.
Not everything is patently obvious
Some argue that patents and copyrights are necessary for protecting individual rights and promoting open competition, while others see intellectual property as a form of aggression and coercion that violates individual liberties.
Is a copyright and/or a patent based on contractual agreements and intellectual property a natural right derived from an individual's labor and essential for protecting the products of an individual's mind. Or is intellectual property an economic privilege that hampers competition and reduces innovation?
Who is trying to patent a flying car?
It is interesting in terms of developments in drones and flying cars to see who is looking to push through patents. The market for Urban Air Mobility (UAM) is incredibly large and depending on where you are in the eco-system depends on where you think the growth will come from.
What is clear is there will be exponential growth once the key elements of flight are in place. Namely a machine that can fly and the granted air space to fly in.
Some of these patents represent intriguing technologies that have yet to enter the market. For example Alef Aeronautics, a San Mateo-based company, has been developing a flying car since 2015. A published patent reveals its design, featuring a central capsule for the pilot and a vented body with eight propellers. The car is expected to be available by 2025 at a price of $300,000.
Istanbul University's patent proposes modular landing platforms on buildings that communicate with drones, facilitating smooth deliveries. NEC Corp. envisions using hand gestures captured by a camera to control drones, revolutionising the drone operating experience. Rhombus Systems filed a patent for a low-altitude radar system using antennae to enhance UAV detection.
The ever present AT&T aims to transform its drones into mobile cell towers for 5G coverage, directing them autonomously to areas lacking service. Toyota's patent describes drones aiding roadside assistance, coordinated by a real-time traffic system.
Beta Air filed a patent for a hover-and-thrust control mechanism, and Kia's patent outlines an aircraft charging system using a smaller drone that stays connected during takeoff to provide additional power.
All of these patents show a drive and desire to find the unlock to Urban Air Mobility (UAM) and the next generational shift in transportation. A shift that will not only enable goods to be transported more quickly, but reduce emissions, add GDP and make our lives better.
The discussion surrounding intellectual property rights carries substantial implications for public policy and the global economy. It would be unfortunate if patents were to impede the pace of innovation. While many perceive patents as a pathway to substantial wealth, others view them as barriers to overcome, rules to be circumvented, and challenges to be tackled. This is where the real outliners live.
One way to look at patents is they can open the way for ground breaking innovation, not that they are necessarily the ground breaking innovation themselves. They are the constraint.
“Limits are an artists best friend” - Frank Lloyd Wright
Strict limits can be a powerful driver to the creative process, on a smaller budget people are more resourceful. Look at bloated state aided companies and their more nimble, efficient private counterparts.
The London skyline has odd shaped buildings and in many cases it is due to the constraints put upon the architects and developers. The City of London Corporation introduced the "protected views" system in 1938. This system aimed to preserve unobstructed sight-lines of St Paul's Cathedral while allowing controlled construction.
Architect W Godfrey Allen, an advisor on the cathedral's structure and surroundings, meticulously planned multiple views of the iconic building from different vantage points across the city. His vision resulted in the delineation of eight distinct "protected view corridors." The City of London Corporation embraced Allen's proposals and implemented them in 1938.
These guidelines were upheld through a "gentleman's agreement," signifying an arrangement based on trust rather than legal obligations, between the City Corporation and developers. This is why London has some of the most interesting shaped buildings of any city.
The efforts of companies striving to advance flying cars, drones and related technologies is to be welcomed. The primary obstacle doesn’t lie in the flight technology itself. Thanks to pioneers like the Wright brothers, the invention of the jet engine in the 1940s, and subsequent linear advancements, we have drones and from a technological standpoint flying cars. They just have not been able to scale.
The real challenge lies in securing the necessary airspace for drones and flying cars to grow on an exponential trajectory. That's where www.skytrades.io comes in, we facilitate the approved utilisation of airspace together with the air rights owners. jonathan@skytrades.io