Federal Preemtion on Drones

[AH-1G]

A BILL

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for

fiscal years 2016 through 2017, and for other purposes.

SEC. 2142. EFFECT ON OTHER LAWS.

14 (a) FEDERAL PREEMPTION.—No State or political
15 subdivision of a State may enact or enforce any law, regu
16 lation, or other provision having the force and effect of
17 law relating to the design, manufacture, testing, licensing,
18 registration, certification, operation, or maintenance of an
19 unmanned aircraft system, including airspace, altitude,
20 flight paths, equipment or technology requirements, pur
21 pose of operations, and pilot, operator, and observer quali
22 fications, training, and certification.

23 (b) PRESERVATION OF STATE AND LOCAL AUTHOR

24 ITY.—Nothing in this subtitle shall be construed to limit
25 a State or local government’s authority to enforce Federal,
March 9, 2016 (3:32 p.m.)
109

S:\LEGCNSL\LEXA\DOR15\AV\BILL\TNFAARA.3S.xml
1 State, or local laws relating to nuisance, voyeurism, har
2 assment, reckless endangerment, wrongful death, personal
3 injury, property damage, or other illegal acts arising from
4 the use of unmanned aircraft systems if such laws are not
5 specifically related to the use of an unmanned aircraft sys
6 tem for those illegal acts.

The way I interpreted this I can now fly at City Parks where there was a ban on drone pilots, How about State Parks?

 

[Steve Carr]

I can now fly at City Parks

While local and state authorities cannot regulate airspace, they can regulate launching. You have to find a place to launch that isn't banned.

 

[PatR]

A bill is not a law. Don't mistake the two. The bill is presented as something to be discussed and approve or denied by vote. Until that occurs existing laws remain unchanged.

 

[AH-1G]

Here's what became an issue, I had been flying at Magnolia Park here in Orange County Florida and always advising management I'm flying over the waters of Apopka Lake. The following week I can't anymore because of "risk issues"??? While I was at the park being told I can't fly anymore, a car crashed into the front gate and driver fled. "My drone a risk when a car crashes into the gate"??? Just plain ignorance by politicians and attorneys. BTW A recently enacted state law has taken the ability to regulate unmanned drones away from individual municipalities, effectively nullifying an Orlando drone ordinance passed in January.

 

[Ty Pilot]

AH, what was the Florida State law that Nulls the Orlando Ordinance, got a link? Fortunately for me all of my jobs so far have been outside of Orlando city limits, but I am guessing that type of over reaching is contagious to the surrounding towns and county's.