New Jersey Drone Laws

New Jersey 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:

“Operate” means to fly, control, direct, or program the flight of an unmanned aircraft system.

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

“Unmanned aircraft system” means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.

“Correctional facility” means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey

Statutes/Bills:

SB 3370 - AN ACT concerning the operation of unmanned aircraft systems and amending and supplementing various parts of the statutory law.

This act allows UAS operation that is consistent with federal law. The law specifies that owners or operators of critical infrastructure may apply to the FAA to prohibit or restrict operation of UAS near the critical infrastructure. Operating a UAS in a manner that endangers the life or property of another is a disorderly persons offense.

It is a fourth degree crime if a person “knowingly or intentionally creates or maintains a condition which endangers the safety or security of a correctional facility by operating an unmanned aircraft system on the premises of or in close proximity to that facility.”

Using a UAS to conduct surveillance of a correctional facility is a third degree crime. It also makes it a criminal offense to operate a UAS in a way that interferes with a first responder actively engaged in response and to use a UAS to take wildlife.

Operating a UAS under the influence of drugs or with a BAC of .08 percent is a disorderly persons offense.

The law also applies the operation of UAS to limitations within restraining orders and specifies that convictions under the law are separate from other convictions such as harassment, stalking, and invasion of privacy.

The bill preempts localities from regulating UAS in any way that is inconsistent with this legislation. 

CHAPTER 153: AN ACT concerning medical cannabis, revising various parts of the statutory law, and supplementing P.L.2009, c.307.

Prohibits UAS from transferring or delivering medical cannabis.