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Home My WebLink About2017-090 Drone RegulationsDate: December 15, 2017 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of Federal and State Regulation of Unmanned Aircraft Systems BACKGROUND: Report No. 2017-090 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. Pilot Requirements Aircraft Requirements Location Requirements Operating Rules Example Applications No pilot 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. 5 miles from airports without prior notification to airport and air traffic control Must ALWAYS yield right of way to manned aircraft Must keep the aircraft in eight (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 Educational or recreational flying only Must have Remote Pilot Airman Certificate Must be 16 years old Must pass TSA vetting Must be less than 55 lbs. Mustbe registered if over O.SS lbs. (online) Must undergo pre-flight check to ensure UAS is in condirion for safe operarion Class G airspace* 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* 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 Public Law 112-95, Secrion 336 — Special Title 14 of the Code of Federal Regularion (14 Regulatory Basis Rule for Model Aircraft CFR) Part 107 FAA Interpretation of the Special Rule for Model Aircraft *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 pro _gram 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 enfarcement 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 ar over private property with the consent of the property owner, far 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 ar 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, ar 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(a�cityofdenton. com I � � � � � I � � � i � � H. LIVELY � ao„o.a...� I� �5 y ki � } � � 1 f � Airport N 5 Mile Radius Parks w � School Property � City Limits s 1 inch = 5,566 feet TM1is map is a grapM1ic representation preparetl by iM1e City of Denton, Engineering GIS DeparMentantl is intentletl for use onry as a reference. 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