Regulating Drone Use A CCM Government Finance & Research Department Municipal InfoKit July 2016 Regulating Drone Use A CCM Government Finance & Research Municipal InfoKit Copyright © July 2016 Connecticut Conference of Municipalities All Rights Reserved. This publication may not be reproduced, stored or transmitted in any way for profit and is intended for the exclusive use of Connecticut Conference of Municipalities (CCM) Members and for the employees of its Members. This publication may not be shared, copied, or electronically stored for the use of any non-Member municipality, entity, or individual. The Connecticut Conference of Municipalities reserves the right to grant exceptions to these limitations and will do so exclusively by means of prior written consent. CCM is not responsible for any errors or omissions that may appear in this publication. This publication is intended for general reference purposes only and is not intended to provide legal advice, opinions, or conclusions. If you have questions about particular legal issues, the application of the law to specific factual situations, or the interpretation of any statutes, ordinances, or case law referenced in this publication, CCM strongly recommends that you consult your attorney, certified public accountant, or other relevant party. For more information, please contact the CCM Government Relations & Research at (203) 498-3000 or [email protected]. INTRODUCTION The recreational use of drones continues to gain popularity throughout the country. A 2015 report published by the Federal Aviation Administration (FAA) predicts that 1.9 million unmaned aircraft system (UAS) units, more commonly known as drones, will be purchased by “hobbyists” in the United States in 2016. The number of units purchased is forecasted to continue growing in subsequent years with a predicated average annual growth rate of 23 percent through 2020. An article published in The Economist titled, “Welcome to the Drone Age: Miniature Pilotless Aircraft are on the Verge of Becoming Commonplace,” likens the increasing popularity of drones to the rise of personal computers in the 1980’s. For a relatively low cost, drones with photography and videography capabilities, flying speeds surpassing 100 MPH and the ability to fly more than 500 feet above the ground are being purchased by individuals who may not have had previous interest or experience in aeronautics. The rate at which drones are being purchased is occurring much faster than law makers can regulate their use. As this once military technology enters into the public, consumer driven arena, the need to understand, define, regulate and ultimately integrate drone technology has become a conversation of growing importance and urgency. With little regulation at the local, state and even federal level, there is much ambiguity regarding the safety and legality of unmanned aircraft systems. By law, the FAA has authority over ensuring the “safe and efficient use of U.S airspace.” Additionally, “the FAA has a statutory duty to, "encourage the development of civil aeronautics.” As a result, the FAA is tasked with creating safety mandates without “stifling innovation and the development of commercial drone markets.” Balancing these mandates is likely one reason for the current lack of drone regulation and the FAA’s authority over creating legislation has left state and local governments unsure about their role in drone regulation and restriction. On April 3, 2013 Virginia became the first state to pass a law regulating drone use. At the conclusion of the 2016 legislative session, the National Conference of State Legislatures (NCSL) reported that 30 states had adopted legislation to control and or prohibit the use of drones. Examples of successful legislation include laws that prohibit drone owners from: using drones as weapons, infringing on the privacy of others through video and photography capabilities and gaining an unfair advantage when fishing, hunting or trapping through the utilization of drone technology. Drone legislation has been proposed at the Connecticut General Assembly during the 2014, 2015 and 2016 legislative sessions but a law has yet to be adopted. The recent increase in drone popularity for recreational use has resulted in a more vocal conversation about needed regulations. This CCM Government Finance & Research Municipal InfoKit, Regulating Drone Use, was constructed to update municipal officials on the conversation surrounding drones. This InfoKit will touch upon legal issues regarding drone regulation, relay recent Federal Aviation Administration (FAA) regulations, provide an overview and examples of laws that have been passed in other states, update municipal leaders on recent and current efforts to address drone use in Connecticut and discuss local authority in regulating drones. A Service of CCM Government Finance & Research Regulating Drone Use A CCM Government Finance & Research Municipal InfoKit TABLE OF CONTENTS What are Drones? CCM Connecticut Town and City Magazine‐ Drone Q&A 1 Federal Aviation Administration (FAA) and Drone Regulation “Integration of Civil Unmanned Aircraft Systems in the National Air Space Systems Road Map” 2 “Overview of Small UAS Notice of Proposed Rulemaking” 74 Model Aircraft Safety Code 76 “Law Enforcement Guidance for Suspected Unauthorized UAS Operations" 77 State Level Drone Laws 2013 State Level Drone Legislation 85 2014 State Level Drone Legislation 87 2015 State Level Drone Legislation 90 2016 State Level Drone Legislation 92 Municipal Jurisdiction Over Drone Regulation "Use and Regulation of Drones by Local Government Entities & Schools" 93 State and Local Regulation of UAS Fact Sheet 109 Connecticut’s Efforts Towards Drone Legislation 2014 An Act Concerning the Use of Unmanned Aircraft ‐ 116 Staff Findings and Proposed Recommendations‐ Drone Use Regulation 120 2015‐An Act Implementing the Recommendation of Legislative PRI Committee Concerning the Use of Drones 157 Staff Findings Update‐Drone Use Regulation 171 2016‐An Act Concerning the Use of Drones 173 2016‐An Act Concerning the Weaponization of Drones 182 Law Review Articles Addressing Drone Regulation “What Can Municipalities do About Drones?” 185 “One Centimeter Over My Back Yard: Where does Federal Preemption of State Drone Regulation Start?" 189 “You Can’t Regulate This: State Regulation of the Private Use of Unmanned Aircraft” 258 This Q&A was previously published in CCM's April, 2016 Edition of the Connecticut Town & City Magazine. Q&A Drones What is a drone? The Federal Aviation Administration (FAA) defines Unmanned Aircraft Systems (UAS), more commonly known as drones, as an aircraft, “flown by a pilot via a ground control system, or autonomously through use of an on-board computer, communication links and any additional equipment that is necessary for the un- manned aircraft to operate safely.” A UAS used for rec- reational purposes falls under the general classification of a model aircraft. In a publication titled, “Unmanned Aircraft Systems (UAS) Frequently Asked Question,” the FAA defines model aircrafts in the following way: governments do, however, have the authority to reg- ulate the use of drones within their departments and A model aircraft is an unmanned aircraft that is capa- institutions such as the use of drones by their police ble of sustained flight in the atmosphere, flown within departments. visual line of sight of the person operating the aircraft, and flown only for hobby or recreational purposes… Model aircraft can include small Unmanned Aircraft Has Connecticut passed legislation Systems (UAS) aircraft, such as “quadcopters,” flown regulating drone use? for recreational or hobby purposes. Model aircraft are Legislation was proposed but not passed during the defined by the purpose of flight rather than the partic- 2014, 2015 and 2016 Connecticut General Assembly. ular configuration of the aircraft. Essential to the mod- The Program Review and Investigations Committee el aircraft operation is that the aircraft is operated for introduced “An Act Concern-ing the Weaponization of recreational or hobby purposes and the flight follows Drones Based on a Program Review and Investigations the requirements of Section 336 of Public Law 112-95. Committee Study,” and the Public Safety and Security Who regulates drone use? Committee have introduced “An Act Concerning the Use of Drones,” during the 2016 legistlative session. By law, the FAA has authority over ensuring the “safe and efficient use of U.S airspace,” and a statutory duty to “encourage the development of civil aeronautics.” As a result, the FAA is tasked with creating safety mandates without discouraging aeronautical innova- tion. Balancing these mandates has resulted in the FAA taking an “incremental” approach to UAS regulation with the goal of integrating drones and drone technol- ogy safely, efficiently, and timely. The first mandate to come out of the FAA’s incremental approach, effective December 21, 2015, requires that all drones over .55 pounds (250 grams) be registered with the FAA’s Un- manned Aircraft System registry prior to being flown outside. Registration cost is $5.00 and the document- ed owner must be at least 13 years of age to register. What can state and local governments do to regulate drones? The FAA has asserted that federal regulation preempts state or local statue or regulation. States and local CCM Government Finance & Research Regulating Drone Use 1 Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap