GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 2
HOUSE BILL 4
Committee Substitute Favorable 4/16/15
Short Title: Clarify Unmanned Aircraft System Law. |
(Public) |
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Sponsors: |
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Referred to: |
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January 29, 2015
A BILL TO BE ENTITLED
AN ACT to clarify that agents or agencies of the state or a political subdivision of the state shall have authority to procure and operate unmanned aircraft systems upon approval of the state chief information officer and to modify the regulation of unmanned aircraft systems to conform to faa guidelines.
The General Assembly of North Carolina enacts:
SECTION 1. Section 7.16(e) of S.L. 2013‑360, as amended by Section 7.11(a) of S.L. 2014‑100, reads as rewritten:
(1) "Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.
(2) "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 in the national airspace system."
SECTION 2. Section 34.30(j) of S.L. 2014‑100 reads as rewritten:
"SECTION 34.30.(j) NoExcept as authorized
under Section 7.16(e) of S.L. 2013‑360, as amended by Section 7.11(a) of
S.L. 2014‑100, no operation of unmanned aircraft systems by agents or
agencies of the State, or agents or agencies of State or a
political subdivision of the State, State shall be authorized in
this State until the knowledge and skills test required by G.S. 63‑95,
as enacted in subsection (g) 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 (g) of this section, has been implemented."
SECTION 3. G.S. 63‑95(b) reads as rewritten:
"(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 test shall ensure that the operator of an
unmanned aircraft system is knowledgeable of the State statutes and regulations
regarding the operation of unmanned aircraft systems. 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."
SECTION 4. G.S. 63‑96 reads as rewritten:
"§ 63‑96.
License Permit 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 permit issued
by the Division valid for the unmanned aircraft system being operated.
Application for such license permit shall be made in the manner
provided by the Division. Unless suspended or revoked, the license permit
shall be effective for a period to be established by the Division not
exceeding eight years.
(b) No person shall be issued a license permit
under this section unless all of the following apply:
(1) The person is at least 18 17 years of
age.
(2) The person possesses a valid drivers 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 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.
(d) The Division shall develop and administer a
program that complies with all applicable federal regulations to license
issue permits to 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.permits.
(3) A license permit application process.
(4) Technical guidance for complying with program requirements.
(5) Criteria under which the Division may suspend or
revoke a license.permit.
(6) Criteria under which the Division may waive licensure
permitting requirements for applicants currently holding a valid
license or permit 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 permittee shall be authorized to operate an unmanned
aircraft system.
(8) Requirements pertaining to the collection, use, and
retention of data by licensees permitees 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 permit issued
under this section sufficient to permit allow identification of
the owner of the system and the person licensed issued a permit to
operate it.
(10) A system for providing agencies that conduct other
operations within regulated airspace with the identity and contact information
of licensees permittees and the geographic areas within which the
licensee permittee is permitted authorized to
operate an unmanned aircraft system.
(e) A person who operates an unmanned aircraft system
for commercial purposes other than as permitted authorized under
this section shall be guilty of a Class 1 misdemeanor.
(f) The Division may issue rules and regulations to implement the provisions of this section."
SECTION 5. Prior to the implementation of the knowledge test and permitting process required by G.S. 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 they make application for a State permit for commercial operation within 60 days of the full implementation of the permitting process and are issued a State commercial operation permit in due course.
SECTION 6. This act is effective when it becomes law.