“Grounded”: Amazon’s Delayed Promise of Aerial Package Delivery

By: Justin Cooper

In late 2013, Amazon CEO Jeff Bezos made a surprise announcement on a segment of 60 Minutes: Amazon was developing small aerial drones capable of delivering packages directly to customers’ doorsteps. He stated that the drones would be used to make speedy thirty-minute deliveries from Amazon fulfillment centers, would have a range of over ten miles, and could carry packages weighing up to five pounds. At that time, he also claimed that the widespread use of drones was at least four to five years away. Nine years later, however, “Amazon Prime Air” is still grounded largely because Amazon’s rollout of delivery drones has faced multiple technical challenges which continue to push back the program’s launch. Although the clearance of FAA regulatory hurdles briefly kindled hope that the program was back on track in 2020, concerns about the privacy and safety of Amazon Prime Air, coupled with the possibility of state and municipal challenges to the program’s rollout, could keep Amazon’s delivery drones grounded well into the future.

During the first few years after Bezos’ announcement, research and development of Amazon Prime Air services seemed to be moving at a steady pace. However, in 2015 the program hit its first snag when the Federal Aviation Administration (FAA), which establishes airworthiness criteria to ensure the safe operation of aircraft in accordance with 49 U.S.C. 44701(a) and 44704, published its widely anticipated rules governing “Unmanned Aerial Systems.” Notably, the FAA refused to green light the use of drones for commercial delivery. Amazon responded with a letter to the FAA “threatening to test the drones abroad if the FAA continued to refuse to let it test the machines outdoors in the United States.” The FAA consequently granted Amazon the ability to conduct limited domestic testing, requiring that drone test flights take place under 400 feet and remain in sight of the pilot and observer. Meanwhile, Amazon continued the development of its drones in the United Kingdom, celebrating its first successful commercial delivery in 2016. Amazon Prime Air’s United Kingdom operation seemed to be advancing even more quickly when “UK regulators…fast-tracked approvals for drone testing.” This fast-tracking “made the country an ideal testbed for drone flights and paved the way for Amazon to gain regulatory approval elsewhere.” However, behind the scenes, Amazon’s program was dealing with major problems, including staff layoffs, redundancies, and reports of mismanagement, including reports of employee drunkenness while on the job

During all of this, and back in the United States, Amazon Prime Air was making slow progress. In 2019, Amazon petitioned the FAA to allow it to begin wide-scale testing of its drones, and a year later the company announced it had received approval from the FAA to begin testing commercial deliveries. Despite this victory, however, Amazon Prime Air has continued to face significant issues that cast doubt on the program’s safety, and an investigative report conducted by Bloomberg News has recently revealed multiple Amazon drone crashes, as well as accounts of a management culture more focused on speed than safety.

This focus on speed likely stems from the fact that Amazon has fallen behind its rivals in the drone delivery space. In August 2021, Alphabet Inc.’s program, Wing, announced that it had successfully made its hundred thousandth delivery in Australia. Wing’s drone deliveries are also automated, “but monitored by pilots who function more as air traffic controllers.” A notable difference from Amazon’s drones is that Wing packages “are dropped in front of homes using a winch”, while Amazon’s drones land to deliver their packages. In addition to Wing, UPS has also successfully tested the use of delivery drones in innovative ways. For example, UPS has tested launching drones from its delivery trucks, which allows a delivery driver to cover large rural areas in a much more efficient manner. 

Aside from the technical and production challenges that have slowed the rollout of Amazon Prime Air, Amazon will likely face continued challenges due to significant privacy concerns. According to CNBC, “detecting telephone wires, people, property and even small animals on the ground all require careful sensing and collision avoidance systems.” In addition to the multiple cameras needed to navigate these obstacles, Amazon “is investing heavily in artificial intelligence to help drones navigate safely to their destinations, and drop off packages safely.” The possibility of fleets of AI-automated drones equipped with precision cameras surveilling American cities, a scene seemingly pulled from a dystopian science fiction novel, could quickly become a concerning reality.

Beyond privacy concerns, Amazon Prime Air will likely have to contend with major safety concerns. Accidents caused by manned drones have already led to multiple legal disputes. For example, in 2017, “[t]he owner of an aerial photography business was sentenced to 30 days in jail and a $500 fine after a drone he was operating crashed into people during a 2015 parade and knocked one woman unconscious. Paul Skinner, 38, was found guilty of reckless endangerment by Judge Willie Gregory of the Seattle Municipal Court.” In the case of piloted drones, victims can bring a suit against the human operator; the widespread use of automated drones, in contrast, raises difficult questions about the increased risk of personal injury and how to apportion blame. Last month, questions about the safety of Amazon’s ground-based “autonomous personal delivery devices”, known as Amazon Scout, led the city of Kirkland, Washington to place a temporary moratorium on their continued use, and as Amazon Prime Air moves towards wide-scale implementation, it could likely face similar slow-downs and push back from various state and local governments. 

Despite these setbacks, Amazon has not faltered in its commitment to implement Amazon Prime Air. The promise of faster, more efficient shipping will very likely continue to outweigh the challenges facing the implementation of aerial delivery drones; this is proven by Amazon’s commitment to launching its program, along with Alphabet Inc.’s and UPS’ already operational delivery drone programs. However, the technical challenges and social concerns surrounding these programs will likely continue to delay their full-scale rollout in the near future, “grounding” Amazon Prime Air for at least a little bit longer.

Mitsubishi Regional Jet Runs into Regulatory Turbulence in the American Skies

ja21mj_2016-09-27_img_4836By Mariko Kageyama

Say you are a maker of a brand new aircraft. You show off its blueprint and miniature model and take orders before you have even constructed it. What legal risks are you willing to assume at this stage? Though this may seem a quintessential contract question, a real case involving Mitsubishi provides us an interesting twist.

On September 28 and November 18, 2016, the first two Mitsubishi Regional Jet MRJ90 test aircraft made successful ferry flights from Nagoya, Japan to Moses Lake, Washington. Built by Mitsubishi Aircraft Corporation, the MRJ90 is the first all-new commercial airplane manufactured in Japan in the last half a century. A fleet of MRJ90 test aircraft will be undergoing test flights in partnership with a local engineering firm, AeroTEC, which is based at the Grant County International Airport in Moses Lake. A team of over 200 aerospace engineers in Moses Lake, Seattle, and Nagoya is aiming to make the MRJ90’s formal certification process as smooth as possible to allow entry its into service in 2018.

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Uber for the Skies Gets Shot Down by Federal Regulators

FlyNowBy: Samuel Daheim

In December 2015, the United States Court of Appeals for the District of Columbia Circuit held the Federal Aviation Administration (FAA) rightfully concluded that private pilots, using a web-based service to offer flights to potential passengers, presented themselves as common carriers willing to transport persons for compensation.  Thus, the pilots had violated the terms of their noncommercial pilot licenses.  The pilots petitioned the Supreme Court of the United States for certiorari, and a response came on August 1, 2016.

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Drone Drain [Update]

Aeryon_Scout_In_FlightBy Brooks Lindsay

This blog post follows up on an article I wrote for the Washington Journal of Law, Technology and Arts for the Spring 2015 issue. I submitted the article as a comment to the FAA on behalf of the UW College of Engineering. The article, titled “Drone Drain,” suggested the FAA be forward-looking with its draft unmanned aerial vehicle (UAS) rules. This blog post attempts to assess the FAA’s work since then.

Since the end of the comment period, the FAA created registration rules for drones weighing between .55 lbs and 55 lbs. This is an important step in the maturation of drone law because, like with cars, the identification of a drone after an accident is critical for victims to bring tort claims or the government to press charges for a misdemeanor or felony. If people don’t know who crashed a drone, then they can’t hold that registered person legally accountable. Without accountability, UAS pilots might feel emboldened to take risks without fear of legal consequences. Registration rules cut through this cycle and facilitate the maturation of a legal ecosystem for drones. Continue reading

Are Flying Cars Really in Our Future?

flying carBy Danielle Olero

The vintage cartoon, The Jetsons, inspired many to predict there would be flying cars by the year 2000. But amongst our many modern conveniences, flying to work in a car has not been an option. People may not have invented flying cars by the turn of the century, but we may be closer than we ever imagined. Many people use drones to carry packages, take videos, diffuse bombs, and now they can carry you. Continue reading