AI News, North Carolina Set to Outlaw Hunting and Fishing Drones

North Carolina Set to Outlaw Hunting and Fishing Drones

Restrictions on small drones, model aircraft, sUAS (small unmanned aircraft systems), or whatever you want to call them are being promulgated almost too quickly to chart these days.

Late last month the U.S. Federal Aviation Administration forbade modelers from engaging in first-person view piloting, and the National Park Service announced its intention of banning essentially all model aircraft from its 84 million acres—to name just a couple of prominent federal clamp-downs.

In addition, 36 states have been busy formulating their own drone regulations this year, four of which have recently enacted laws, mostly focused on protecting people’s privacy.

People who did this could argue that the drone is being 'flown solely for hobby or recreational purposes,' in which case it would qualify under the proposed law as a model aircraft and not an unmanned aircraft system, exempting it from these restrictions.

I expect that if the FAA has no valid rule against the commercial use of model aircraft, lots of people will be emboldened to fly such models for hire—for crop monitoring, film-production work, whatever—except perhaps in North Carolina, where state law could still outlaw such activity, given that the FAA has not expressly authorized it.

While that complicates their lives, localization of drone regulation is a good thing in my view, especially if final say of what is or isn’t allowed in the air at low altitudes ultimately goes to the landowners whose property is being overflown.

Drone Laws in North Carolina

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In 2012 the FAA enacted the Modernization and Reauthorization Act which requires hobbyist drone operators, meaning residential, to contact air traffic control and/or airport management if they are operating within a 5-mile radius of any local airport.

Is not used for payment, consideration, gratuity, or benefit, directly or indirectly charged, demanded, received, or collected, by any person for the use of the aircraft or any photographic or video image produced by the aircraft.

– 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 in the national airspace system.

– Notwithstanding the provisions of subsection (b) of this section, the use of unmanned aircraft systems by law enforcement agencies of the State or a political subdivision of the State is not prohibited in the following instances: To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security or the Secretary of the North Carolina Department of Public Safety determines that credible intelligence indicates that such a risk exists.

If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, to conduct pursuit of an escapee or suspect, or to facilitate the search for a missing person.

(e) Any person who is the subject of unwarranted surveillance, or whose photograph is taken in violation of the provisions of this section, shall have a civil cause of action against the person, entity, or State agency that conducts the surveillance or that uses an unmanned aircraft system to photograph for the purpose of publishing or otherwise disseminating the photograph.

In lieu of actual damages, the person whose photograph is taken may elect to recover five thousand dollars ($5,000) for each photograph or video that is published or otherwise disseminated, as well as reasonable costs and attorneys’

(f) Evidence obtained or collected in violation of this section is not admissible as evidence in a criminal prosecution in any court of law in this State except when obtained or collected under the objectively reasonable, good-faith belief that the actions were lawful.

15A- 300.1, while in flight over this State shall be governed by the laws of this State, and the question of whether the conduct by an unmanned aircraft system while in flight over this State constitutes a crime by the owner of the unmanned aircraft system shall be determined by the laws of this State.

Any person who willfully damages, disrupts the operation of, or otherwise interferes with a manned aircraft through use of an unmanned aircraft system, while the manned aircraft is taking off, landing, in flight, or otherwise in motion, is guilty of a Class H felony.

It shall be a Class A1 misdemeanor to publish or disseminate, for any purpose, recorded images taken by a person or non-law enforcement entity through the use of infrared or other similar thermal imaging technology attached to an unmanned aircraft system, as defined in G.S.

It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources.

(b) The Wildlife Resources Commission may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action for injunctive relief to restrain a violation or threatened violation of subsection (a) of this section pursuant to G.S.

The Division may permit a person, including an agency of this State, an agency of a political subdivision of this State, an employer, or a private training facility, to administer the test developed pursuant to this subsection, provided the test is the same as that administered by the Division and complies with all applicable State and federal regulations.

(c) No agent or agency of the State, or agent or agency of a political subdivision of the State, may operate an unmanned aircraft system within the State without completion of the test set forth in subsection (b) of this section.

(c) A permit to operate an unmanned aircraft system for commercial purposes shall not be issued to a person while the person’s license or permit to operate an unmanned aircraft system is suspended, revoked, or cancelled in any state.

permit application process, which shall include a requirement that the Division provide notice to an applicant of the Division’s decision on issuance of a permit no later than 10 days from the date the Division receives the applicant’s application.

The rules adopted by the Division for designating a geographic area pursuant to this subdivision shall be no more restrictive than the rules or regulations adopted by the Federal Aviation Administration for designating a geographic area for the commercial operation of unmanned aircraft systems.

Requirements for the marking of each unmanned aircraft system operated pursuant to a permit issued under this section sufficient to allow identification of the owner of the system and the person issued a permit to operate it.

system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of permittees and the geographic areas within which the permittee is authorized to operate an unmanned aircraft system.

63-96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this State shall not be in violation of that statute, provided that the person makes application for a State permit for commercial operation within 60 days of the full implementation of the permitting process and is issued a State commercial operation permit in due course.

2015-232 reads as follows: SECTION 7.16(e) Until December 31, 2015, the State CIO shall have the authority to approve or disapprove (i) the procurement or operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State and (ii) the disclosure of personal information about any person acquired through the operation of an unmanned aircraft system by agents or agencies of the State or a political subdivision of the State.

63-95(c), agents or agencies of the State or a political subdivision of the State that receive State CIO approval under this subsection may procure or operate an unmanned aircraft system prior to the implementation of the knowledge test required by G.S.

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 in the national airspace system.” It is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources.

(b) The Wildlife Resources Commission may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action for injunctive relief to restrain a violation or threatened violation of subsection (a) of this section pursuant to G.S.

person shall not voluntarily bring, land or cause to descend or alight, ascend or take off within or upon any park area, any airplane, flying machine, balloon, parachute, glider, hang glider, or other apparatus for aviation.

capable of sustaining flight within the atmosphere, meaning that it can fly If your model aircraft, regardless of whether or not you acquired it pre-built or built it yourself, meets the above points to your knowledge, it’s considered a drone/UAS.

The FAA rules and regulations you need to know to keep your drone use legal

Thomson Reuters

The most prevalent of these restrictions is the one colloquially known as the 'line of sight rule,' which mandates that drone operators keep the unmanned aircraft within eye shot at all times.

This clearly removes any potential application for drones in the delivery space, as the need to keep a drone in line of sight at all times defeats the purpose of sending off a drone to drop off a product at a consumer's home.

Here's a breakdown of drone regulations by state: Alabama: N/A Alaska: N/A Arizona: N/A Arkansas: Act 293 forbids the use of drones to invade privacy and commit video voyeurism.

Thomson Reuters

Illinois: 20 ILCS 5065 created the Unmanned Aerial System Oversight Task Force Act charged with regulating commercial and private drones.

2013-360 gives North Carolina's Chief Information Officer the power to approve drone use by state agencies, mandates tests for drone operations, and establishes a permit process for commercial drones.

Boeing

Tennessee:Tenn.

Code Section 39-13-903(a) forbids drones from capturing footage at open-air ticketed events where 100 or more people gather (note: the law specifically refers to fireworks events).

Utah:Utah Code Title 63G, Chapter 18 allows police to use drones for data collection at test sites and to locate missing persons only in areas without a reasonable expectation of privacy.

Regulatory hurdles will prevent drone mass adoption in the near-term, but BI Intelligence, Business Insider's premium research service, predicts that drone usage will hit the mainstream early in the next decade.

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