2017-090 Drone RegulationsDate: December 15, 2017 Report No. 2017-090
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Overview of Federal and State Regulation of Unmanned Aircraft Systems
BACKGROUND:
This report is intended to provide an overview of the current level of federal and state regulation
of unmanned aircraft systems (“UAS”). A UAS, sometimes called a drone, is an aircraft without
a human pilot onboard – instead the UAS is controlled from an operator on the ground. Due to
falling costs of UAS technology, operating a drone is now an activity being undertaken by
people of all ages and vocations for both personal and professional reasons.
DISCUSSION:
Federal Oversight
Current federal regulation, referred to as the Small UAS Rule (under 14 CFR part 107), applies
to operators flying a small UAS for recreational or commercial purposes. The following chart,
from the FAA website, outlines the regulations for small UAS by purpose. Please note that
operators may apply for a certificate of waiver, which allows for a small UAS operation to
deviate from certain operating rules if the FAA finds that the proposed operation can be
performed safely.
Fly for Fun Fly for Work
Pilot
Requirements
No pilot requirements Must have Remote Pilot Airman Certificate
Must be 16 years old
Must pass TSA vetting
Aircraft
Requirements
Unless exclusively operated in compliance
with Section 336 of Public Law 112-95
(Special Rule for Model Aircraft), the
aircraft must be registered if over 0.55 lbs.
Must be less than 55 lbs.
Must be registered if over 0.55 lbs. (online)
Must undergo pre-flight check to ensure UAS
is in condition for safe operation
Location
Requirements
5 miles from airports without prior
notification to airport and air traffic control
Class G airspace*
Operating Rules Must ALWAYS yield right of way to
manned aircraft
Must keep the aircraft in sight (visual line-
of-sight)
UAS must be under 55 lbs.
Must follow community-based safety
guidelines
Must notify airport and air traffic
control tower before flying within 5 miles
of an airport
Must keep the aircraft in sight (visual line-of-
sight)*
Must fly under 400 feet*
Must fly during the day*
Must fly at or below 100 mph*
Must yield right of way to manned aircraft*
Must NOT fly over people*
Must NOT fly from a moving vehicle*
Example
Applications
Educational or recreational flying only Flying for commercial use (e.g. providing
aerial surveying or photography services)
Flying incidental to a business (e.g. doing roof
inspections or real estate photography)
Date: December 15, 2017 Report No. 2017-090
Legal or
Regulatory Basis
Public Law 112-95, Section 336 – Special
Rule for Model Aircraft
FAA Interpretation of the Special Rule for
Model Aircraft
Title 14 of the Code of Federal Regulation (14
CFR) Part 107
*These rules are subject to waiver by the FAA.
Please note that UAS may not be flown within a 5-mile radius of an airport without first
notifying and making contact with the air traffic control tower (see a map in Attachment 1). Due
to the location of the Denton Enterprise Airport, this restriction covers a significant portion of the
city. Local law enforcement does not have the authority to enforce the FAA regulation; however,
officers would attempt to educate operators on the regulation and they can document and forward
any complaints to the FAA.
Policy development at the federal level is still actively ongoing. The FAA Drone Advisory
Committee, predominantly made up of industry representatives, has been formed to provide
advice on key UAS integration issues and to craft regulations. In November 2017, the FAA also
announced a pilot program in which they will choose five state, local, and tribal governments to
work with industry partners to craft laws and regulations, with the idea that the FAA will be able
to use the best ideas to develop national policy.
Texas State Law
Texas is one of the states that has adopted legislation to further regulate the use of UAS beyond
federal regulations. The Texas law regulating UAS is referred to as the “Texas Privacy Act”
and was first adopted in 2013. Texas legislators intended to protect citizens and property owners
from an invasion of their privacy by any UAS operator and outline when law enforcement could
use a UAS. In summary, photography by a UAS is not permitted, unless it meets one of the 21
situations outlined in Section 423.002 of the Government Code. A few of those 21 permitted
situations are as follows: for university research, by the military, by a satellite for purposes of
mapping, on or over private property with the consent of the property owner, for certain law
enforcement purposes, on public property, and by a real estate broker as long as there is no
identifiable person.
The law includes guidelines for criminal and civil punishments: a Class C misdemeanor, which
can result in a fine of up to $500, “if the person uses an unmanned aircraft to capture an image of
an individual or privately owned real property in this state with the intent to conduct
surveillance” or “captures an image in violation of Section 423.003 and possesses, discloses,
displays, distributes, or otherwise uses that image”. However, this can be difficult to prove as
law enforcement would have to retrieve the images or video from the UAS and operator. In
addition, it is a defense from prosecution if a person destroyed the image as soon as the person
had knowledge that the image was captured in violation.
The civil action section states that “an owner or tenant of privately owned real property located
in this state” can bring legal action against a person who captured an image of the property,
owner, or tenant. Penalties start at $5,000 for capturing an image; $10,000 for the disclosure,
display, distribution, or other use of any images; and recovery of “actual damages” if the drone
operator “distributes the image with malice.”
Date: December 15, 2017 Report No. 2017-090
As of September 1, 2017, House Bill 1643 amended the existing act prohibiting political
subdivisions, such as counties or municipalities, from regulating the operation of
unmanned aircraft. The bill effectively pre-empts local government regulation in Texas, with 3
exceptions to allow for political subdivisions to 1) regulate their use during special events, 2) to
regulate their own use of the unmanned aircraft, and 3) regulate flying over critical infrastructure
facilities owned by the subdivision.
CONCLUSION:
Due to the technology advances and rapidly growing industry, the regulatory landscape for UAS
operation, both recreational and commercial, is in a state of flux. Texas state law has afforded for
further protections and regulations beyond the minimum federal regulations; however, the state
law also pre-empts a local government from adopting their own regulations of unmanned aircraft
systems.
When confronted with a UAS operator who is invading privacy or operating in an unsafe way, a
resident should contact the Denton Police Department as soon as possible.
ATTACHMENT(S):
1. Map of 5-Mile Radius around Denton Airport
STAFF CONTACT:
Sarah Kuechler
Director of Public Affairs and Intergovernmental Relations
(940) 349-8356
sarah.kuechler@cityofdenton.com
Airport Road
Audra Lane
Avondale Park
Bent Creek Park
Bowling Green Park
Cooper Creek Park
Cross Timbers Park
Denia Park
Evers Park
Fred Moore Park
IOOF Cemetery
Joe Skiles Park
Lake Forest Park
Mack Park and Roberts Field
M.L. King Jr. Park
McKenna Park
Monterey Open Space
Nette Shultz Park
North Pointe Park
Oakwood CemeteryOwsley Park
Quakertown Park
Robson Ranch
Sequoia Park
Roselawn Memorial Park South Lakes Park
Southwest
Vintage
Water Works Park
Wheeler Ridge Park
North Lakes Park
Frontier Park
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City Limits
1 inch = 5,566 feetµ
This map is a gr aphic representation prepared by the City ofDenton, Engineering GIS Department and is intended for use only as a r eference. Data depicted here is not guarenteed foraccuracy and may be subject to revision at any time withoutnotification. A Registered Surveyor for the State of Texas was not consulted. For Survey level accuracy, supervision, and certification of the produced data by a Registered ProfessionalLand Surveyor for the State of Texas would have to be performed.