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DRONES

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Rachel Otto

on 17 May 2017

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Transcript of DRONES

Current law and considerations
DRONES:
the next frontier

Federal law
overview
Utah law
what are drones?
An aircraft operated
without the possibility
of direct human intervention
from on or within the aircraft.
war & peace
Lightening Bug drone used during Vietnam
Drones & your agency
(Al Hartmann | The Salt Lake Tribune) Reid Demman, Salt Lake County Surveyor, left, and Mark Miller, certified pilot in charge ready a helicopter drone to fly over the old Welby gravel pit in West Jordan Thurs. June 30. The drone will fly over the 160 acre area and take photos and plot coordinates in just a few minutes. The old gravel pit is to be made into a park. The Salt Lake County Surveyor's Office is one of the few public agencies nationwide to receive FAA approval to operate a drone for any number of projects for it and other government agencies.
US drone program began in 1959, and the US flew 3400+ drone missions during Vietnam.
Israel developed the first real-time surveillance drone in 1973.
In the year before 9/11, U.S. drone funding was around $284 million. By the end of fiscal year 2016, funding was at $3 billion.
Pentagon now owns a fleet of 11,000 drones; hundreds are weaponized.
First drones were developed during WWI, though not used until WWII.
a/k/a
Unmanned Aerial Vehicles (UAV)
Unmanned Aerial Systems (UASs)
Remotely Piloted Vehicle (RPV)
Remotely Piloted Aircraft (RPA)
Remotely Operated Aircraft (ROA)
It's a bird! It's a plane!
another drone another $
UVS Int'l estimates that the drone economy will go from current $11.3 billion globally to $140 billion over next 10 years.
UVSI predicts that after new rules are passed, drones will add $859 mil to Utah's economy and 1100 jobs.
Currently there are 27 approved operators in Utah: real estate, construction, agriculture
Nationwide, the FAA has issued 5200 exemptions, but thousands are waiting.
Most operators are small businesses, with less than $1 mil in revenue and fewer than 10 employees.
There are 40 different types of commercial drone operations registered nationwide. Real estate is the most common.
The FAA has the authority to regulate all navigable airspace.
Title 14 of CFR 91.13:
prohibits careless or reckless operation of
any aircraft
that endangers
the life or property of another.
In response, FAA proposed in Feb. 2015 a framework of regs that would allow routine commercial use of certain small UAS
(under 55 pounds).
2012

FAA Modernization and Reform Act of 2012 -- Congress directed the FAA to figure out how to work UAS's into the airspace.
2015
idea is to increase accountability and promote education about UAS
2016
FAA proposed new rules in June for hobbyists & commercial operators
operator must provide notice to ATC/airport operator if flying within 5 miles of an airport

The New Normal
(Part 107)
Yet to come:
Rules for microdrones
(less than 4.4 lbs)


and, by the way,
it's illegal to fly drones over NPS land, USFWS refuges, and certain stadiums during certain events.
2016
Utah Code 65A-3-2.5 Wildland fire and unmanned aircraft
2016 special session
2017
In 2015, became the first state to legalize less-than-lethal weaponized drones: tear gas, rubber bullets, Tasers, or beanbags.
At least 31 states have implemented laws concerning drones, including where and how they can be used by law enforcement and the general public.
Chicago - 2015
within certain distances of public utilities


applies to hobby/recreation

doesn't require separate registration with the City



$500 -$5000,

seizure of UAS
PROHIBITS operating:
PENALTIES

4. dealing with complaints

SWARMED
Is your agency operating drones?

Fly under the small UAS rule –

follow all rules under Part 107, including aircraft and pilot requirements
Get a blanket public Certificate of Waiver or Authorization (COA) –

permits nationwide flights in certain airspace at or below 400 feet, self-certification of the UAS pilot, and the option to obtain emergency COAs under special circumstances
Know where permissible airspace is.
HB 3003 Unmanned Aircraft Amendments --
amended just-passed law by increasing penalties for flying in a no-fly zone and/or interfering with wildfire
allows "neutralization" of drones that are not complying with law.
allows judge to order restitution.
Drone Operator Registry
online web-based system for hobbyists and non-hobbyists
civil penalties up to $27,500 and criminal penalties up to $250,000 + 3 years in prison
enforcement? relies on local police
HOBBYISTS
(Part101)
strictly for recreation
operated with community-based set of safety guidelines and within the programming of a nationwide community-based organization.
55 lb limit, fully loaded
1. Definitions/applicability
2. Accident reporting provision

Part A: General
Part B: Operating
Registered
Maintained & safe
Remote pilot certificate
no medical conditions
VLOS
400 feet maximum
Part C:
Pilot certification
knowledge tests
16 years old
read, speak, write English
operator can be supervised by a remote PIC
Part D: Waivers
Certificates can be issued for deviation from most operating regs (daylight/VLOS/airspace requirements)
drones are prohibited in all Utah ski areas and Utah state parks without a special use permit


insurance
Get public & professional input where drones would be incompatible with other uses -- wildlife areas, crowded parks/play structures
Know what laws already address potential problems with privacy, nuisance, etc. and update them to ensure drones are covered.
final considerations:
private right of action for entering airspace of another person without permission to capture images or sound
(anti-paparazzi statute).
California
Idaho
Nevada
Arkansas
Florida
private right of action for using a drone to record person without consent
trespassing law includes drone flights below 250 feet
revised voyeurism statutes to criminalize improper use of drones
thorough statute on unwanted surveillance
reasonable expectation of privacy if a person is not observable by persons located at ground level in a public place.
North Dakota
developing plan for
state parks
State of the Union
wildfire interference law
1. using them as a government entity
2. licensing and accommodating Part 107 operators
3. deciding if/where hobbyists can fly
Cities/counties are going to have to deal with drones on several levels:
over a person without consent
over property without consent
over 400 feet
outside VLOS
within 5 miles of any airport
in any way that interferes with manned aircraft
between dusk and dawn
over school yards, prisons, police stations
under the influence
with weapons or intent to harm
when weather conditions impair
to conduct surveillance
Every state has at least considered drone legislation.
FAA Reauthorization Act
of 2016?


Section 2152 would prevent states
from enacting or enforcing any "law, regulation, or other provision having the force and effect of law relating to the design, manufacture, testing, licensing, registration, certification, operation, or maintenance of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements, purpose of operations, and pilot, operator, and observer qualifications, training, and certification."
state preemption
legislation
Oregon, Maryland, Virginia,
Arizona
Not preempted


land use & zoning
(limiting locations)

consent by bystanders/property owners

hunting, fishing, recreation

notification of registration and flight plans

insurance requirements

NTIA's
voluntary
best practices
privacy
protection
preemption
Consult with FAA
additional registration requirement

citywide bans or
bans around landmarks

mandates on equipment
or training
Vanguard Shadowhawk
According to the FAA, 2,000 new drones are registered every day, and more than 600,000 commercial operators could be licensed by this summer.
By 2020, sales of commercial and recreational drones are estimated to reach 7 million.
References
John Bakker & Kristopher Kokotaylo, Drones 2.0 - Regulatory Considerations and Challenges for Municipal Lawyers, IMLA Webinar, Oct. 27, 2015.

Ian G. R. Shaw, (2014), “The Rise of the Predator Empire: Tracing the History of U.S. Drones”, Understanding Empire, https://understandingempire.wordpress.com/2-0-a-brief-history-of-u-s-drones/

Amanda Essex, Taking Off: State Unmanned Aircraft Systems Policies (2016), available at: http://www.ncsl.org/Portals/1/Documents/transportation/TAKING_OFF-STATE_%20UNMANNED_%20AIRCRAFT_SYSTEMS_%20POLICIES_%20%28004%29.pdf

Y. Douglas Yang, Big Brother's Grown Wings: The Domestic Proliferation of Drone Surveillance and the Law's Response, 23 B.U. Pub. Int. L.J. 343, 365 (Summer 2014).

National Conference of State Legislatures, www.ncsl.org

Federal Aviation Administration, www.faa.gov

Electronic Frontier Foundation, www.eff.org

Utah Code Annotated, available at http://le.utah.gov/xcode/code.html

Utah State Legislature website: http://le.utah.gov

Drone Law Journal, http://dronelawjournal.com/current-us-drone-law/























hunting /harassing wildlife
S.B. 111
-- Unmanned Aircraft Amendments
(Sen. Harper and Rep. Christofferson)


H.B. 217
-- Livestock Harassment
(Rep. Chew and Sen. Ipson)
H.B. 217
Livestock Harassment
Utah Code 76-9-308
prohibits a person from disturbing livestock using a motorized vehicle, a dog, or an unmanned aircraft system unless the person is the owner or acting in emergency situation.
Class B on first offense
Class A if subsequent, or if livestock is seriously injured or killed, or damage is greater than $1000.
2017 continued
S.B. 211
Unmanned Aircraft
Amendments
1. reorganized existing code
eliminated 63G-18-101;
enacted 72-14-101
2. preempts local laws
enacted before July 1, 2017
3. enacts some new provisions for law enforcement use
warrant is required for use or receipt of data (not new)
data must be destroyed asap
(not new)
use of UAS
must be included
in any reporting of a law enforcement encounter
4. enacts "unlawful use" provision
weapons
5. enacts "safe use" provision
recreational users
maintain line of sight
determine altitude, etc.
ensure UAS is not endangering anything or anyone
may not operate in Class B, C, or D airspace without air traffic control authorization
may not operate on a public transit platform or station or around transit power lines
400 feet altitude unless within 400 feet of a structure
written warning, infraction, class B
criminal trespass
76-6-206

voyeurism
76-9-702.7


privacy violation
76-9-402

technology neutral; exception for UAS used legally for commercial or educational purpose
adds UAS to
policy
H.C.R. 21
-- Concurrent Resolution Encouraging NASA to Consider Tooele County for a Test Facility
H.C.R. 21
Resolution Encouraging NASA to
Consider Tooele County for Testing Facility
Full transcript