Arkansas 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:

Arkansas defines “drones” as “unmanned aircraft systems.” Arkansas’ definition of an “unmanned aircraft system” is very broad, covering any “unmanned, powered aircraft that:

  1.  Does not carry a human operator;
  2.  Can be autonomous or remotely piloted or operated; and
  3.  Can be expendable or recoverable.”
 

“Unmanned aircraft system” does not include:

  1. A satellite orbiting the earth;
  2. “Unmanned aircraft systems” that are being used by the federal government, the state after consultation with the governor, or as a result of a state or federal contract to inspect critical infrastructure
  3. An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.
  4. An unmanned aircraft system used under a certificate of authorization issued by the Federal Aviation Administration; or
  5. An unmanned aircraft used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

“Critical infrastructure” means:

(A) An electrical power generation or delivery system;

(B) A petroleum refinery;

(C) A chemical or rubber manufacturing facility; or

(D) A petroleum or chemical storage facility;

(E) A railroad operating facility; or

(F) A communication tower or facility;

(G) A food processing or manufacturing facility; or

(H) A correctional or detention facility

 
 
Statutes/Bills (passed):
 
5-60-103. - Unlawful use of unmanned aircraft system

A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly uses an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.

Unlawful use of an unmanned aircraft system is a class B misdemeanor. Second or subsequent offenses are a Class A misdemeanor.

5-16-102. - Voyeurism

5-16-101. - Crime of video voyeurism

Using a drone to spy or video someone without their consent is a punishable crime.