What's happening
This bill defines drones and restricts their personal use in New York, including limits on altitude, weight, location, and intent.
Why it matters
Specifies clear legal definitions for “drone,” “restricted airspace,” and “personal use,”. which helps clarify what kinds of drone-related activities and devices are covered by this law, reducing ambiguity for users and law enforcement.
Establishes multiple specific restrictions on personal drone usage. , including limits on altitude, weight, required visual line of sight, operation near airports and correctional facilities, reckless flying, intent to harass, and flying low over private property without consent—directly addressing both safety and privacy concerns.
Creates a new legal violation for unlawful personal drone use. , giving law enforcement a tool to address misuse and potentially deter problematic behavior before it escalates to more serious offenses.
Acknowledges federal law supremacy by exempting federally permitted activity,. meaning state restrictions won’t conflict with existing FAA regulations, providing legal clarity for drone operators who comply with federal rules.
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Who cares
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Ban Unlawful Drone Use
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Recommitted to rules
- Ordered to third reading cal.1410
- Committee discharged and committed to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Unlawful Drone Use
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1979
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful use of a drone
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240.00 of the penal law is amended by adding three new subdivisions 7, 8 and 9 to read as follows:
7. "Drone" means an unmanned aircraft which is operated remotely without the possibility of direct human intervention from within or on the aircraft.
8. "Restricted airspace" means any airspace over the property of a correctional facility as defined in section forty of the correction law or airspace within five miles of an airport.
9. "Personal use" means the operation of a drone solely for the purpose of pleasure or recreation.
§ 2. The penal law is amended by adding a new section 240.80 to read as follows: § 240.80 Unlawful use of a drone.
A person is guilty of unlawful use of a drone when during the personal use of such drone, except as otherwise provided by federal law, he or she knowingly operates a drone:
1. more than four hundred feet above ground level; or
2. weighing more than ten pounds; or
3. without a visual line of sight of such aircraft; or
4. within a restricted airspace; or
5. in a reckless manner wherein such operation creates a risk of harm to the public; or
6. with the intent to harass or annoy an individual or individuals; or
7. below one hundred feet above ground level on private property without the owner's consent.
Unlawful use of a drone is a violation.
§ 3. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00380-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to unlawful use of a drone
Purpose
This bill creates the crime of unlawful use of a drone.
Summary of provisions
Section one of the bill amends section 240.00 of the penal as it relates to the definitions of drone, restricted airspace and personal use.
Section two of the bill amends the penal law by adding a new section 240.80 as it relates to creating the crime of unlawful use of a drone. During personal use, an individual is guilty of unlawful use of an unmanned aircraft when operating an aircraft more than 400 feet above ground level or weighing more than 10 pounds. In addition, an individual is guilty of unlawful use if an unmanned aircraft is used without a visual line of sight, within a restricted airspace, in a reckless manner, in a manner intended to harass or annoy, or below one hundred feet above ground level on private property without the owner's consent. Unlawful use of an unmanned aircraft is a violation.
Section three of the bill relates to the effective date.
Justification
This bill would provide reasonable regulations for the personal use of drones. Currently, the FAA has banned commercial use of drones as it develops guidelines which are expected to be released at the end of 2015. Although commercial operations are regulated, the FAA does not govern recreational drone use therefore leaving it wholly unregulated and susceptible to reckless use by civilians. There have been many instances over the past several months of drones flown irresponsibly in close proximity to airports and bridges. This bill would ensure safe and proper use of drones by establishing reasonable restrictions that protect the public.
Legislative history
2015-16: S.6306/A.3597 Referred to Codes.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the first of November next succeeding the date upon which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.