California UAS Laws

 
 
Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated.



Definitions:

California law defines drone as an “unmanned aircraft” functioning without the possibility of direct human involvement. The term also includes the “communication links” and controller which help the pilot navigate the ‘aircraft’.

 

Statutes/Bills (passed):

California Civil Code 1708.8

California’s first “drone law” was not specifically aimed at drones, but rather amended the invasion of privacy statute to penalize drone operators who violate the privacy of others as described by the statute.

 

California Civil Code 43.101

These laws limited the civil liability of first responders who damage a drone while working.

It also creates a misdemeanor offense for people who fly drones in a way that interferes with the work of first responders and other emergency workers.

 

California Government Code 853

A local public entity or public employee of a local public entity shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services:

  1. Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services.
  2. Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services.
  3. Search and rescue services, including, but not limited to, air search and rescue services.
 

California Penal Code 402.- CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY

(a)

(1) Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person’s employment to view that scene or those activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor.

(2) For purposes of this subdivision, a person shall include a person, regardless of his or her location, who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone that is at the scene of an emergency.

 (b) Every person who knowingly resists or interferes with the lawful efforts of a lifeguard in the discharge or attempted discharge of an official duty in an emergency situation, when the person knows or reasonably should know that the lifeguard is engaged in the performance of his or her official duty, is guilty of a misdemeanor. 

(c) For the purposes of this section, an emergency includes a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a power plant accident, a toxic chemical or biological spill, or any other natural or human-caused event.

Senate Bill No. 1355. Unmanned aircraft systems: correctional facilities.

Senate Bill 1355 makes it illegal to operate an unmanned aircraft system (UAS) on or over state prisons, jails, and juvenile facilities.

This bill makes a person who knowingly and intentionally operates an unmanned aircraft system(UAS) on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch guilty of an infraction punishable by a fine of $500. These provisions are inapplicable to a person employed by the prison, jail, or county department that operates the juvenile hall, camp, or ranch acting within the scope of that employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation, the county sheriff, or department that operates the juvenile hall, camp, or ranch.

An act to add Section 4577 to the Penal Code, relating to unmanned aircraft systems.

SECTION 1.

Section 4577 is added to the Penal Code, to read:

4577.

a. Except as provided in subdivisions (b), (c), and (d), a person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch is guilty of an infraction, punishable by a fine of five hundred dollars ($500).

b. This section does not apply to a person employed by the prison who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation to operate the unmanned aircraft system over the prison.

c. This section does not apply to a person employed by the jail who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the county sheriff to operate the unmanned aircraft system over the jail.

d. This section does not apply to a person employed by the county department that operates the juvenile hall, camp, or ranch who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the county department that operates the juvenile hall, camp, or ranch to operate the unmanned aircraft system over the juvenile hall, camp, or ranch.

e. For purposes of this section, the following definitions apply:

1. “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

2. “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the 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.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 

SR 21 - Relative to the Know Before You Fly educational campaign.