FHWA Reiterates New Drone Restrictions

What happened: The Federal Highway Administration (FHWA) this week released policy guidance and frequently asked questions (FAQs), detailing new restrictions on the use of certain foreign-made unmanned aircraft systems (UAS – also known as drones) on federal-aid highway projects.

As previously reported under the American Security Drone Act of 2023 and a related directive from the White House Office of Management and Budget (OMB), federal funds may no longer be used for the procurement, operation or maintenance of “covered” drones. These federal actions primarily target Chinese-made UAS devices.

What it means: The FHWA guidance takes effect immediately. It reiterates that the restrictions prohibit not only the purchase of covered drones with federal funds, but also their use on federal-aid highway projects, even if the drones were purchased or operated with non-federal funds.

FHWA provides no transition period for replacing noncompliant drones already in use or additional time to procure compliant equipment. If a prohibited drone is used (even unintentionally), the recipient of federal-aid funding must immediately notify FHWA and submit a corrective action plan, which may include replacing or disposing of the equipment.

What ARTBA has done: After the policy changes originally became effective in late 2025, the association arranged for FHWA staff to brief the association’s chapter executives.

ARTBA has remained in regular contact with the agency throughout this year, providing questions and recommendations for its forthcoming UAS guidance. In addition, senior staff of ARTBA and its affiliated chapters met with White House officials to detail potential project disruptions and other short-term ramifications from the new requirements.

The industry has advocated for a grandfathering provision applying to drones already in use, as well as additional time to procure compliant equipment, given that orders for domestic devices can take at least 180 days to fulfill. Those recommendations were not addressed in the new guidance, with FHWA citing statutory requirements for the immediate cessation of prohibited drone activities.

What’s next: ARTBA urged FHWA to undertake educational initiatives to help stakeholders better understand the guidance and encourages its members to share feedback on implementation challenges, procurement delays and concerns raised by contractors, designers and state transportation agencies. Contact Rich Juliano or Prianka Sharma for more information.