GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
HOUSE BILL 337
RATIFIED BILL
AN ACT to make various revisions to the laws governing the use of unmanned aircraft systems.
The General Assembly of North Carolina enacts:
model aircrafts/remove exemption from unmanned aircraft systems laws
SECTION 1. G.S. 15A‑300.1(a) reads as rewritten:
"(a) Definitions. – The following definitions apply to this Article:
…
(2) Model aircraft. – An aircraft, as defined in
G.S. 63‑1, that is mechanically driven or launched into flight and that
meets all of the following requirements:
a. Is flown solely for hobby or recreational
purposes.
b. 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.
(3) 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 and that
does not meet the definition of model aircraft.
…."
remove restriction on use of special imaging technology
SECTION 2. G.S. 15A‑300.1(d) is repealed.
Emergency Management Exception
SECTION 3. G.S. 15A‑300.1 is amended by adding a new subsection to read:
"(c1) Emergency Management Exception. – Notwithstanding the provisions of subsection (b) of this section, an emergency management agency, as defined in G.S. 166A‑19.3, may use unmanned aircraft systems for all functions and activities related to emergency management, including incident command, area reconnaissance, search and rescue, preliminary damage assessment, hazard risk management, and floodplain mapping."
align with federal law standard
SECTION 4. G.S. 63‑96 reads as rewritten:
"§ 63‑96. Permit required for commercial operation of unmanned aircraft systems.
…
(b) No person shall be issued a permit under this section unless all of the following apply:
(1) The person is at least 16
years of age.the minimum age required by federal regulation for
operation of an unmanned aircraft system.
(2) The person possesses a
valid drivers license issued by any state or territory of the United States
or the District of Columbia.government‑issued photographic
identification acceptable to the Federal Aviation Administration for issuing
authorization to operate an unmanned aircraft system.
(3) The person has passed the knowledge 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.
…
(d) The Division shall
develop and administer a program that complies with all applicable federal
regulations to issue permits to operators of unmanned aircraft systems for
commercial purposes.purposes, including a fee structure for permits. Criteria
and requirements established under the subdivisions set forth in this
subsection shall be no more restrictive than the rules or regulations adopted
by the Federal Aviation Administration setting forth the criteria and
requirements under which a person may operate an unmanned aircraft system for
commercial purposes. The program must include the following components:
…
(2) A fee structure for permits.
…
(7) A designation of the
geographic area within which a permittee shall be authorized to operate an
unmanned aircraft system. 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.
…
(f) TheSubject to
the limitations set forth in subsection (d) of this section, the Division
may issue rules and regulations to implement the provisions of this
section."
exempt model aircraft used for hobby or recreational purposes from training and permitting requirements of state law
SECTION 5. Article 10 of Chapter 63 of the General Statutes is amended by adding a new section to read:
"§ 63‑94. Applicability of Article.
(a) Applicability. — This Article does not apply to model aircraft, as defined in subsection (b) of this section.
(b) Model aircraft. – An aircraft, as defined in G.S. 63‑1, that is mechanically driven or launched into flight and that meets all of the following requirements:
a. Is flown solely for hobby or recreational purposes.
b. 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."
effective date
SECTION 6. Section 1 of this act becomes effective December 1, 2017, and applies to offenses committed on or after that date and acts occurring and causes of action arising on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of June, 2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
_____________________________________
Roy Cooper
Governor
Approved __________.m. this ______________ day of ___________________, 2017