Relates to prohibiting the unlawful use of a drone

Title of bill

An act to amend the penal law, in relation to prohibiting the unlawful use of a drone

Purpose

This bill is intended to regulate the non "hobby use" use of drones by defining such non-hobby use as unlawful

Summary of provisions

Section 1. Adds a new section (§ 240.80) to Article 240 of the penal law. This new section defines a drone as "an unmanned aircraft which is operated remotely without the possibility of direct human intervention from within or on the aircraft." (§ 240.80(2)(a)). A person is guilty of unlawful use of a drone "when he or she operates such drone in a manner inconsistent with hobby use." § 240.80(1).

§ 240.80(b)(i-iii) defines the "hobby use" of a drone, as a drone:

i.During daytime hours;

ii.Within privately owned air space whose owner has authorized such use; or, within publicly owned air space as authorized by local ordinance, state and/or federal laws.

§ 240.80 Classifies the unlawful (i.e. the non-hobby use) of a drone as a class A misdemeanor.

Section 2: Establishes the effective date.

Justification

Drone use is becoming more prevalent in society. Drones can vary in size, speed, and capabilities including the ability to hover and carry recording equipment of varying sophistication. Like any mechanical device, drones are susceptible to mechanical malfunction, as well as operator error, either of which can lead to damage to property or persons.

Currently, no state legislation exists to regulate drone use in such a way that infringement upon the property rights of others (i.e. private airspace) or their privacy rights (i.e. surveillance or direct home observation) is protected. This legislation seeks to remedy that lacuna by defining normal "hobby use" of such vehicles and making all non "hobby use" unlawful.

Legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.