Assembly Bill A10625

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10625
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 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:

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 48-D to read as follows:
                               ARTICLE 48-D
                             UNMANNED AIRCRAFT
 SECTION 2500. LEGISLATIVE PURPOSE.
         2501. DEFINITIONS.
         2502. PERMITTED USE OF UNMANNED AIRCRAFT.
         2503. RESTRICTED USE OF UNMANNED AIRCRAFT.
         2504. STATE PREEMPTION.
   §  2500. LEGISLATIVE  PURPOSE.  IT  IS  THE PURPOSE OF THIS ARTICLE TO
 ENCOURAGE THE SAFE OPERATION OF UNMANNED AIRCRAFT AND TO GIVE  USERS  OF
 UNMANNED  AIRCRAFT  CLEAR  RULES  OF  OPERATION THAT ALSO GIVE STATE AND
 LOCAL LAW ENFORCEMENT THE TOOLS NEEDED TO PROTECT PUBLIC SAFETY, PRIVACY
 AND PROPERTY.  THIS SECTION IS INTENDED TO ENSURE CONSISTENCY AND  AVOID
 CONFLICT  BETWEEN  LOCAL,  STATE  AND FEDERAL LAW PERTAINING TO UNMANNED
 AIRCRAFT AND THEIR USE.
   § 2501. DEFINITIONS. 1. "PERSON"  MEANS  AN  INDIVIDUAL,  PARTNERSHIP,
 CORPORATION, ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.
   2. "POLITICAL SUBDIVISION" MEANS A COUNTY, CITY, VILLAGE, TOWNSHIP, OR
 OTHER  DEPARTMENT,  AGENCY,  POLITICAL  SUBDIVISION, PUBLIC CORPORATION,
 AUTHORITY, OR DISTRICT IN THIS STATE.
   3. "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT OPERATED WITHOUT  THE  POSSI-
 BILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
   4.  "UNMANNED  AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND ASSOCI-
 ATED ELEMENTS, INCLUDING COMMUNICATION LINKS AND COMPONENTS THAT CONTROL
 THE UNMANNED AIRCRAFT THAT ARE REQUIRED FOR  THE  PILOT  IN  COMMAND  TO
 OPERATE SAFELY AND EFFICIENTLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15001-03-8

 A. 10625                            2
 
   §  2502. PERMITTED USE OF UNMANNED AIRCRAFT. 1. THE FLIGHT OF UNMANNED
 AIRCRAFT OVER THE LAND AND WATERS OF THIS STATE IS LAWFUL.
   2. A  PERSON MAY OPERATE AN UNMANNED AIRCRAFT SYSTEM IN THIS STATE FOR
 COMMERCIAL OR RECREATIONAL PURPOSES IF THE UNMANNED AIRCRAFT  SYSTEM  IS
 OPERATED IN A MANNER CONSISTENT WITH FEDERAL LAW AND REGULATION.
   § 2503. RESTRICTED  USE OF UNMANNED AIRCRAFT. 1. A PERSON OPERATING AN
 UNMANNED AIRCRAFT SHALL NOT INTERFERE WITH  MANNED  AIRCRAFT  AND  SHALL
 ALWAYS GIVE RIGHT OF WAY TO MANNED AIRCRAFT.
   2.  A  PERSON  OPERATING  AN UNMANNED AIRCRAFT SHALL NOT INTENTIONALLY
 OPERATE AN UNMANNED AIRCRAFT IN A MANNER THAT IS IMMINENTLY DANGEROUS TO
 PERSONS OR PROPERTY LAWFULLY ON THE LAND OR WATER BENEATH.
   3. A PERSON OPERATING AN UNMANNED  AIRCRAFT  SHALL  NOT  INTENTIONALLY
 OPERATE  AN  UNMANNED  AIRCRAFT IN A MANNER THAT CONSTITUTES A FREQUENT,
 REPETITIVE, SUBSTANTIAL AND UNREASONABLE NUISANCE.
   4. A PERSON OPERATING  AN  UNMANNED  AIRCRAFT  SHALL  NOT  OPERATE  AN
 UNMANNED  AIRCRAFT IN THIS STATE WITHOUT FIRST COMPLYING WITH ALL APPLI-
 CABLE LICENSING, REGISTRATION, AND MARKING REQUIREMENTS REQUIRED BY  THE
 FEDERAL AVIATION ADMINISTRATION.
   5.  A  PERSON  OPERATING  AN  UNMANNED  AIRCRAFT  SHALL NOT OPERATE IN
 VIOLATION OF ANY FLIGHT  RESTRICTION  ISSUED  BY  THE  FEDERAL  AVIATION
 ADMINISTRATION.
   6.  A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN UNMANNED
 AIRCRAFT SYSTEM IN A MANNER THAT UNREASONABLY OBSTRUCTS WITH  THE  OFFI-
 CIAL  DUTIES  OF  ANY OF THE FOLLOWING:  (A) A POLICE OFFICER; (B) FIRE-
 FIGHTER; (C) PARAMEDIC; OR (D) SEARCH AND RESCUE PERSONNEL.
   7. A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN  UNMANNED
 AIRCRAFT  SYSTEM TO SUBJECT AN INDIVIDUAL TO HARASSMENT. AS USED IN THIS
 SUBDIVISION, "HARASSMENT" MEANS THAT TERM AS DEFINED IN SECTIONS 240.25,
 240.26, 240.30 OR 240.31 OF THE PENAL LAW.
   8. A PERSON SHALL NOT KNOWINGLY AND INTENTIONALLY OPERATE AN  UNMANNED
 AIRCRAFT  SYSTEM  WITHIN  A  DISTANCE  THAT, IF THE PERSON WERE TO DO SO
 PERSONALLY RATHER THAN THROUGH REMOTE OPERATION OF AN UNMANNED AIRCRAFT,
 WOULD BE A VIOLATION OF A RESTRAINING ORDER OR OTHER JUDICIAL ORDER.
   9. THIS SECTION DOES NOT AFFECT  THE  ABILITY  TO  INVESTIGATE  OR  TO
 ARREST, PROSECUTE, OR CONVICT AN INDIVIDUAL FOR ANY OTHER VIOLATION OF A
 LAW OF THIS STATE.
   § 2504. STATE  PREEMPTION.  1. THE AUTHORITY TO REGULATE THE OWNERSHIP
 OR OPERATION OF UNMANNED AIRCRAFT IS VESTED SOLELY IN THE STATE.
   2. EXCEPT AS EXPRESSLY AUTHORIZED BY STATUTE, A POLITICAL  SUBDIVISION
 SHALL NOT ENACT OR ENFORCE AN ORDINANCE OR RESOLUTION THAT REGULATES THE
 OWNERSHIP  OR  OPERATION OF UNMANNED AIRCRAFT OR OTHERWISE ENGAGE IN THE
 REGULATION OF THE OWNERSHIP OR OPERATION OF UNMANNED AIRCRAFT.
   3. NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, A  SUBDI-
 VISION  MAY PROMULGATE RULES, REGULATIONS, AND ORDINANCES FOR THE USE OF
 UNMANNED AIRCRAFT SYSTEMS BY THE POLITICAL SUBDIVISION WITHIN THE BOUND-
 ARIES OF THE POLITICAL SUBDIVISION.
   4. THIS ARTICLE DOES NOT AFFECT FEDERAL PREEMPTION OF STATE LAW.
   § 2. This act shall take effect immediately.