In California, Drones are Under Attack
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This August, California lawmakers have passed SB-142. The bill prohibits drones flying over private property at an altitude lesser than 106m. If signed into law by Jerry Brown, the governor of California, the bill will make a trespass violation of any flyover by a UAV over private property, without the express consent from owner or tenant.
According to Hannah-Beth Jackson, who authored the bill, there is a “need to balance innovation with personal and societal expectations.” She went on to say that “people should be able to sit in their backyards and be in their homes without worrying about drones flying right above them or peering in their windows.”
Jackson was motivated to propose the bill after a personal close encounter with a drone while vacationing in Hawaii. “With drone and camera technologies rapidly advancing, safeguarding the right to privacy is more critical than ever,” Jackson said.
The “lawful activities of law enforcement personnel, employees of governmental agencies, or other public or private entities that may have the right to enter land by operating unmanned aircraft” are exempt from the effetcs of the bill.
Currently, the Federal Aviation Administration (FAA) allows unlicensed recreational operation of small UAVs, weighing up to 25 kg with a maximum altitude of 122 m, and no closer than 8 km to an airport. For UAV operators and hobbyists in California, the proposed regulations mean a maneuvering space limited to under 16 meters of height length. Federal law does not distinguish between operation of unmanned craft over private or public land.
The bill was passed despite pressure from drone users and manufacturers, who argued that the new law will stifle innovation in the UAV industry and that the limited maneuvering space is too small for commercial drone uses.
The FAA continues its efforts in developing a legal framework for drone operation. Sources in the administration claim that the role of regulation should be left to the FAA, rather than be taken up by the states. And yet, 156 bills relating to UAVs were proposed in 45 states in 2015 alone. This follows laws regulating drone operation passed in 18 of the states in the union.
