The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    194
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00313-01-3

 A. 194                              2
 
   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.
   §  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. IN CONCERT WITH FEDERAL  LAW  AND  REGU-
 LATION, THE AUTHORITY TO REGULATE THE OWNERSHIP OR OPERATION OF UNMANNED
 AIRCRAFT IS VESTED SOLELY WITH 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.  POLI-
 TICAL SUBDIVISIONS MUST WORK IN  COMPLIANCE  WITH  STATE  LAW  REGARDING
 LIMITS PLACED ON THE OWNERSHIP OR OPERATION OF UNMANNED AIRCRAFT.
   3.   ANY EXISTING OR FUTURE LOCAL LAW OR ORDINANCE WHICH IS INCONSIST-
 ENT WITH ANY PROVISION OF THIS SUBDIVISION OR ANY  RULE  AND  REGULATION
 PROMULGATED HEREUNDER SHALL BE PREEMPTED.
   4. THIS ARTICLE DOES NOT AFFECT FEDERAL PREEMPTION OF STATE LAW.
   § 2. This act shall take effect immediately.