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SB8936 Summary:

BILL NOS08936
 
SAME ASSAME AS A10625
 
SPONSORVALESKY
 
COSPNSR
 
MLTSPNSR
 
Add Art 48-D §§2500 - 2504, V & T L
 
Regulates the use of unmanned aircrafts in the state; defines terms; authorizes permitted uses of unmanned aircrafts; restricts use of unmanned aircrafts; makes related provisions.
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SB8936 Actions:

BILL NOS08936
 
06/06/2018REFERRED TO RULES
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SB8936 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8936
 
                    IN SENATE
 
                                      June 6, 2018
                                       ___________
 
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the vehicle and traffic law, in relation  to  regulating
          the use of unmanned aircraft in the state
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  article 48-D to read as follows:
     3                                ARTICLE 48-D
     4                              UNMANNED AIRCRAFT
     5  Section 2500. Legislative purpose.
     6          2501. Definitions.
     7          2502. Permitted use of unmanned aircraft.
     8          2503. Restricted use of unmanned aircraft.
     9          2504. State preemption.
    10    §  2500. Legislative  purpose.  It  is  the purpose of this article to
    11  encourage the safe operation of unmanned aircraft and to give  users  of
    12  unmanned  aircraft  clear  rules  of  operation that also give state and
    13  local law enforcement the tools needed to protect public safety, privacy
    14  and property.  This section is intended to ensure consistency and  avoid
    15  conflict  between  local,  state  and federal law pertaining to unmanned
    16  aircraft and their use.
    17    § 2501. Definitions. 1. "Person"  means  an  individual,  partnership,
    18  corporation, association, governmental entity, or other legal entity.
    19    2. "Political subdivision" means a county, city, village, township, or
    20  other  department,  agency,  political  subdivision, public corporation,
    21  authority, or district in this state.
    22    3. "Unmanned aircraft" means an aircraft operated without  the  possi-
    23  bility of direct human intervention from within or on the aircraft.
    24    4.  "Unmanned  aircraft system" means an unmanned aircraft and associ-
    25  ated elements, including communication links and components that control
    26  the unmanned aircraft that are required for  the  pilot  in  command  to
    27  operate safely and efficiently.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15001-03-8

        S. 8936                             2
 
     1    §  2502. Permitted use of unmanned aircraft. 1. The flight of unmanned
     2  aircraft over the land and waters of this state is lawful.
     3    2. A  person may operate an unmanned aircraft system in this state for
     4  commercial or recreational purposes if the unmanned aircraft  system  is
     5  operated in a manner consistent with federal law and regulation.
     6    § 2503. Restricted  use of unmanned aircraft. 1. A person operating an
     7  unmanned aircraft shall not interfere with  manned  aircraft  and  shall
     8  always give right of way to manned aircraft.
     9    2.  A  person  operating  an unmanned aircraft shall not intentionally
    10  operate an unmanned aircraft in a manner that is imminently dangerous to
    11  persons or property lawfully on the land or water beneath.
    12    3. A person operating an unmanned  aircraft  shall  not  intentionally
    13  operate  an  unmanned  aircraft in a manner that constitutes a frequent,
    14  repetitive, substantial and unreasonable nuisance.
    15    4. A person operating  an  unmanned  aircraft  shall  not  operate  an
    16  unmanned  aircraft in this state without first complying with all appli-
    17  cable licensing, registration, and marking requirements required by  the
    18  Federal Aviation Administration.
    19    5.  A  person  operating  an  unmanned  aircraft  shall not operate in
    20  violation of any flight  restriction  issued  by  the  Federal  Aviation
    21  Administration.
    22    6.  A person shall not knowingly and intentionally operate an unmanned
    23  aircraft system in a manner that unreasonably obstructs with  the  offi-
    24  cial  duties  of  any of the following:  (a) a police officer; (b) fire-
    25  fighter; (c) paramedic; or (d) search and rescue personnel.
    26    7. A person shall not knowingly and intentionally operate an  unmanned
    27  aircraft  system to subject an individual to harassment. As used in this
    28  subdivision, "harassment" means that term as defined in sections 240.25,
    29  240.26, 240.30 or 240.31 of the penal law.
    30    8. A person shall not knowingly and intentionally operate an  unmanned
    31  aircraft  system  within  a  distance  that, if the person were to do so
    32  personally rather than through remote operation of an unmanned aircraft,
    33  would be a violation of a restraining order or other judicial order.
    34    9. This section does not affect  the  ability  to  investigate  or  to
    35  arrest, prosecute, or convict an individual for any other violation of a
    36  law of this state.
    37    § 2504. State  preemption.  1. The authority to regulate the ownership
    38  or operation of unmanned aircraft is vested solely in the state.
    39    2. Except as expressly authorized by statute, a political  subdivision
    40  shall not enact or enforce an ordinance or resolution that regulates the
    41  ownership  or  operation of unmanned aircraft or otherwise engage in the
    42  regulation of the ownership or operation of unmanned aircraft.
    43    3. Notwithstanding subdivisions one and two of this section, a  subdi-
    44  vision  may promulgate rules, regulations, and ordinances for the use of
    45  unmanned aircraft systems by the political subdivision within the bound-
    46  aries of the political subdivision.
    47    4. This article does not affect federal preemption of state law.
    48    § 2. This act shall take effect immediately.
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