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. All commercial drone pilots operating in California must adhere to the FAA's Part 107 Rules.

Definitions:

California law defines a "drone" as an “unmanned aircraft” that is operated without the possibility of direct human intervention from within or on the aircraft. The term also includes the associated “unmanned aircraft system,” which covers the communication links and components that control the aircraft.

Statutes/Bills (passed):

California has multiple laws that address drone operations, focusing heavily on privacy, public safety, and interference with emergency services.

Invasion of Privacy (AB 856 / Cal. Civil Code § 1708.8) often called the "anti-paparazzi" drone law, this statute addresses personal privacy. It makes it illegal to fly a drone in the airspace above another person's land in order to capture an image or recording of that person engaging in a private, personal, or familial activity without their consent.

Interference with Emergency Personnel

California has several laws that provide strong protections for first responders and make it a crime to interfere with their work.

  • Penal Code § 402: It is a misdemeanor for any person, including a drone operator, to impede the activities of police, firefighters, or other emergency medical personnel at the scene of an emergency.

  • Civil Code § 43.101: A person who operates a drone in a way that interferes with the work of first responders and other emergency workers is guilty of a misdemeanor.

  • Government Code § 853: This code protects first responders from civil liability. A public entity or employee is not liable for any damage caused to a drone if the drone was interfering with:

  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.

Flying Over Correctional Facilities (SB 1355 / Ca. Penal Code § 4577) This law makes it illegal to operate a drone on or over the grounds of a state prison, jail, or juvenile facility without permission.

  • A violation is an infraction punishable by a fine of five hundred dollars ($500). 

  • The law does not apply to personnel employed by the facility acting within the scope of their employment or to those who have received prior permission. 

Harassment of Wildlife and Hunters California Fish and Game Code prohibits the use of a drone to harass, herd, or interfere with any individual engaged in the lawful process of hunting, trapping, or fishing.

State Educational Initiatives (SR 21) The California Senate has passed a resolution encouraging all drone operators to follow the "Know Before You Fly" educational campaign, promoting safe and responsible drone use throughout the state.

California is home to numerous cities and counties that have created their own local drone ordinances. These can include restrictions on takeoff and landing in city parks, near public buildings, or along the coastline. It is crucial to research and comply with all local laws in your specific area of operation before flying.