GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH30711-SAfz-16A  (02/17)

 

 

 

Short Title:        Unmanned Aircraft Regulation.

(Public)

Sponsors:

Representative Torbett.

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT to regulate the use of unmanned aircraft systems, as recommended by the legislative Research commission's committee on unmanned aircraft systems.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:

"Article 16B.

"Use of Unmanned Aircraft Systems.

"§ 15A‑300.1.  Restrictions on use of unmanned aircraft systems.

(a)        The following definitions apply to this section:

(1)        Manned aircraft. – An aircraft, as defined in G.S. 63‑1, that is operated with a person in or on the aircraft.

(2)        Unmanned aircraft. – An aircraft, as defined in G.S. 63‑1, that is operated without the possibility of human intervention from within or on the aircraft.

(3)        Unmanned aircraft system. – 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.

(b)        Except as otherwise provided in this section, no person, entity, or State agency shall use an unmanned aircraft system to do any of the following:

(1)        Conduct surveillance of:

a.         An individual or a dwelling owned by an individual and that dwelling's curtilage without the individual's written consent.

b.         A farm, dairy, ranch, or other agricultural industry without the written consent of the owner of the farm, dairy, ranch, or other agricultural industry.

(2)        Photograph an individual, without the individual's written consent, for the purpose of publishing or otherwise publicly disseminating the photograph. This subdivision shall not apply to newsworthy events or events to which the public is invited.

(c)        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:

(1)        To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.

(2)        To conduct surveillance that would not require a warrant if conducted by a manned aircraft.

(3)        If the law enforcement agency first obtains a search warrant authorizing the use of an unmanned aircraft system.

(4)        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, or to facilitate the search for a missing person.

(5)        To photograph public gatherings on public or private land.

(d)        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.

(e)        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."

SECTION 2.  Chapter 14 of the General Statutes is amended by adding a new Article to read:

Article 2F.

"Crimes by Unmanned Aircraft Systems.

"§ 14‑7.45.  Crimes committed by use of unmanned aircraft systems.

All crimes committed by use of an unmanned aircraft system, as defined in G.S. 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."

SECTION 3.  Article 36 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑280.3.  Interference with manned aircraft by unmanned aircraft systems.

(a)        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.

(b)        The following definitions apply to this section:

(1)        Manned aircraft. – As defined in G.S. 15A‑300.1.

(2)        Unmanned aircraft system. – As defined in G.S. 15A‑300.1."

SECTION 4.  Article 52 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑401.24.  Unlawful possession and use of unmanned aircraft systems.

(a)        It shall be a Class I felony for any person to possess or use an unmanned aircraft or unmanned aircraft system that has a weapon attached.

(b)        It shall be a Class 3 misdemeanor for any person to fish or to hunt using an unmanned aircraft system.

(c)        The following definitions apply to this section:

(1)        To fish. – As defined in G.S. 113‑130.

(2)        To hunt. – As defined in G.S. 113‑130.

(3)        Unmanned aircraft. – As defined in G.S. 15A‑300.1.

(4)        Unmanned aircraft system. – As defined in G.S. 15A‑300.1.

(5)        Weapon. – Those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, or 14‑288.8 and any other object capable of inflicting serious bodily injury or death when used as a weapon.

(d)        This section shall not prohibit possession or usage of an unmanned aircraft or unmanned aircraft system that is authorized by federal law or regulation."

SECTION 5.(a)  Chapter 63 of the General Statutes is amended by adding a new Article to read:

"Article 10.

"Operation of Unmanned Aircraft Systems.

"§ 63‑95.  Training required for operation of unmanned aircraft systems.

(a)        As used in this Article, the term "Division" means the Division of Aviation of the Department of Transportation.

(b)        The Division shall develop a knowledge and skills test for operating an unmanned aircraft system that complies with all applicable State and federal regulations and shall provide for administration of the test. 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."

"§ 63‑96.  License required for commercial operation of unmanned aircraft systems.

(a)        No person shall operate an unmanned aircraft system, as defined in G.S. 15A‑300.1, in this State for commercial purposes unless the person is in possession of a license issued by the Division valid for the unmanned aircraft system being operated. Application for such license shall be made in the manner provided by the Division. Unless suspended or revoked, the license shall be effective for a period to be established by the Division not exceeding eight years.

(b)        No person shall be issued a license under this section unless all of the following apply:

(1)        The person is at least 21 years of age.

(2)        The person possesses a valid driver's license issued by any state or territory of the United States or the District of Columbia.

(3)        The person has passed the knowledge and skills test for operating an unmanned aircraft system as prescribed in G.S. 63‑95(b).

(4)        The person has satisfied all other applicable requirements of this Article or federal regulation.

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

(d)        The Division shall develop and administer a program to license operators of unmanned aircraft systems for commercial purposes. The program must include the following components:

(1)        A system for classifying unmanned aircraft systems based on characteristics determined to be appropriate by the Division.

(2)        A fee structure for licenses.

(3)        A license application process.

(4)        Technical guidance for complying with program requirements.

(5)        Criteria under which the Division may suspend or revoke a license.

(6)        Criteria under which the Division may waive licensure requirements for applicants currently holding a valid license to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States.

(7)        A designation of the geographic area within which a licensee shall be authorized to operate an unmanned aircraft system.

(8)        Requirements pertaining to the collection, use, and retention of data by licensees obtained through the operation of unmanned aircraft systems, to be established in consultation with the State Chief Information Officer.

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

(10)      A system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of licensees and the geographic areas within which the licensee is permitted to operate an unmanned aircraft system.

(e)        A person who operates an unmanned aircraft system for commercial purposes other than as permitted under this section shall for a first offense be guilty of an infraction and shall for a second or subsequent offense be guilty of a Class 3 misdemeanor.

(f)         The Division may issue rules and regulations to implement the provisions of this section."

SECTION 5.(b)  The Division of Aviation of the Department of Transportation shall develop and implement the knowledge and skills test required by G.S. 63‑95, as enacted in subsection (a) of this section, no later than February 1, 2015, and shall report to the Joint Legislative Transportation Oversight Committee on the status of implementation by March 1, 2015.

SECTION 5.(c)  The Division of Aviation of the Department of Transportation shall immediately begin developing the licensing system for commercial operation required by G.S. 63‑96, as enacted in subsection (a) of this section, and shall ensure that the system complies with Federal Aviation Administration (FAA) guidelines on commercial operation, as those guidelines become available. Within 60 days of issuance of the FAA guidelines and authorization by the FAA for commercial operations to begin, the Division shall implement the licensing system required by G.S. 63‑96, as enacted in subsection (a) of this section.

SECTION 5.(d)  No operation of unmanned aircraft systems by agents or agencies of the State, or agents or agencies of a political subdivision of the State, shall be authorized in this State until the knowledge and skills test required by G.S. 63‑95, as enacted in subsection (a) of this section, has been implemented.

No operation of unmanned aircraft systems for commercial purposes shall be authorized in this State until the FAA has authorized commercial operations and the licensing system required by G.S. 63‑96, as enacted in subsection (a) of this section, has been implemented.

SECTION 6.  Section 7.16(e) of S.L. 2013‑360 is repealed.

SECTION 7.  Sections 1 and 6 of this act become effective when the Division of Aviation of the Department of Transportation has implemented the knowledge and skills test required by G.S. 63‑95, as enacted in Section 5 of this act, or February 1, 2015, whichever occurs first. Sections 2, 3, and 4 of this act become effective December 1, 2014, and apply to offenses committed on or after that date. The remainder of this act is effective when it becomes law.