What's happening
This bill establishes statewide rules for the operation of unmanned aircraft (drones), restricts misuse, and preempts local regulation.
Why it matters
Creates a single, statewide standard for drone operations. , which means drone users and businesses will no longer have to navigate a patchwork of differing local rules—this can encourage growth in commercial drone services and innovation.
Specifies clear limits on misuse, including harassment, endangering people or property, and interfering with emergency responders. , directly addressing some of the public’s main concerns about privacy and safety.
Requires compliance with all existing federal FAA regulations for drone registration, marking, and flight restrictions. , reinforcing that state law will work in harmony with federal oversight and not create conflicting requirements.
Preempts any current or future local (city, county, etc.) drone laws that are inconsistent with this new state standard. , ensuring consistency but also potentially reducing the ability of communities to address unique local issues related to drone use.
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Who cares
Headline styles
Regulate Drone Use Statewide
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Print number 5461a
- Amend and recommit to transportation
- Referred to transportation
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.
Regulate Drone Use Statewide
In Assembly Committee · Transportation · Sponsor William Magnarelli
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5461--A
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to regulating the use of unmanned aircraft in the state
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new article 48-D to read as follows:
ARTICLE 48-D
UNMANNED AIRCRAFT Section 2500. Legislative purpose.
2501. Definitions.
2502. Permitted use of unmanned aircraft.
2503. Restricted use of unmanned aircraft.
2504. State preemption.
§ 2500. Legislative purpose. It is the purpose of this article to encourage the safe operation of unmanned aircraft and to give users of unmanned aircraft clear rules of operation that also give state and local law enforcement the tools needed to protect public safety, privacy and property. This section is intended to ensure consistency and avoid conflict between local, state and federal law pertaining to unmanned aircraft and their use.
§ 2501. Definitions. 1. "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
2. "Political subdivision" means a county, city, village, township, or other department, agency, political subdivision, public corporation, authority, or district in this state.
3. "Unmanned aircraft" means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00207-03-9
S. 5461--A 2
4. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently.
§ 2502. Permitted use of unmanned aircraft. 1. The flight of unmanned aircraft over the land and waters of this state is lawful.
2. A person may operate an unmanned aircraft system in this state for commercial or recreational purposes if the unmanned aircraft system is operated in a manner consistent with federal law and regulation.
§ 2503. Restricted use of unmanned aircraft. 1. A person operating an unmanned aircraft shall not interfere with manned aircraft and shall always give right of way to manned aircraft.
2. A person operating an unmanned aircraft shall not intentionally operate an unmanned aircraft in a manner that is imminently dangerous to persons or property lawfully on the land or water beneath.
3. A person operating an unmanned aircraft shall not intentionally operate an unmanned aircraft in a manner that constitutes a frequent, repetitive, substantial and unreasonable nuisance.
4. A person operating an unmanned aircraft shall not operate an unmanned aircraft in this state without first complying with all applicable licensing, registration, and marking requirements required by the Federal Aviation Administration.
5. A person operating an unmanned aircraft shall not operate in violation of any flight restriction issued by the Federal Aviation Administration.
6. A person shall not knowingly and intentionally operate an unmanned aircraft system in a manner that unreasonably obstructs with the official duties of any of the following: (a) a police officer; (b) firefighter; (c) paramedic; or (d) search and rescue personnel.
7. A person shall not knowingly and intentionally operate an unmanned aircraft system to subject an individual to harassment. As used in this subdivision, "harassment" means that term as defined in sections 240.25, 240.26, 240.30 or 240.31 of the penal law.
8. A person shall not knowingly and intentionally operate an unmanned aircraft system within a distance that, if the person were to do so personally rather than through remote operation of an unmanned aircraft, would be a violation of a restraining order or other judicial order.
9. This section does not affect the ability to investigate or to arrest, prosecute, or convict an individual for any other violation of a law of this state.
§ 2504. State preemption. 1. In concert with federal law and regulation, the authority to regulate the ownership or operation of unmanned aircraft is vested solely with the state.
2. Except as expressly authorized by statute, a political subdivision shall not enact or enforce an ordinance or resolution that regulates the ownership or operation of unmanned aircraft or otherwise engage in the regulation of the ownership or operation of unmanned aircraft. Political subdivisions must work in compliance with state law regarding limits placed on the ownership or operation of unmanned aircraft.
3. Any existing or future local law or ordinance which is inconsistent with any provision of this subdivision or any rule and regulation promulgated hereunder shall be preempted.
4. This article does not affect federal preemption of state law.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to regulating the use of unmanned aircraft in the state
Purpose
To provide consistent regulation of unmanned aerial systems in New York consistent with Federal. Aviation Administration ("FAA") regulations and guidelines.
Summary of provisions
Section 1: Adds new Article 48-D to the Vehicle and Traffic Law with sections 2500 - 2504 of the new article. These new sections cover defi- nitions, permitted uses of unmanned aircraft, restricted uses of unmanned aircraft and State preemption of local laws.
Section 2: Establishes the effective date.
Justification
Unmanned aircraft or drones are a fast growing industry in New York State. They have become popular with both commercial and hobbyists alike. The commercial use of unmanned aircraft has been extremely bene- ficial for its users and they have been increasingly used in a variety of industries from agriculture to construction. Upstate New York currently hosts the New York UAS Test Site at Griffiss International Airport in Rome, NY and is poised to become a leader in this emerging field. This legislation seeks to further the growth of this industry by establishing consistent regulatory structure for unmanned aircraft in the State. Specifically, the legislation seeks to regulate unmanned aircraft that have been approved by the FAA.
This legislation is modeled on current FAA regulations and will help provide certainty to companies and users on how they can operate these systems in New York. More importantly, this legislation helps ensure the highest level of safety of flight, and safety of people and property on the ground. In addition, this legislation will help law enforcement by creating a uniform structure of permitted and unpermitted use of unmanned aircraft that they can enforce statewide. The bill addresses permitted uses, unpermitted uses and takes into account basic safety and privacy guidelines for users and the public. Other states are enacting similar laws to ensure their regulatory structure is consistent with FAA policy.
This bill will create regulatory certainty for unmanned aircraft compa- nies and users and will prevent conflicts with federal laws and regu- lations. New York is in a unique position to benefit from the growth of this industry and its potential to create jobs in the State.
Legislative history
2018: A.10625
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.