Louisiana Drone Laws
State Rules and Regulations
Louisiana 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:
“Unmanned aerial system” means an unmanned aircraft and all associated support equipment, control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft. The system may include drones, remote-controlled aircraft, unmanned aircraft, or any other such aircraft that is controlled autonomously by computer or remote control from the ground.
“Unmanned aircraft system” means an unmanned, powered aircraft that does not carry a human operator, may be autonomous or remotely piloted or operated, and may be expendable or recoverable.
The definition of unmanned aircraft system does not include use of a satellite orbiting the earth, an unmanned aircraft system used by the federal or state government or agent for the government to conduct surveillance of specific persons, use by local law enforcement
agencies or fire departments, etc.
“Targeted facility” means the following systems:
- Petroleum and alumina refineries.
- Chemical and rubber manufacturing facilities.
- Nuclear power electric generation facilities.
- School and school premises as defined by R.S. 14:40.6
- Critical infrastructure as defined by R.S. 14:61(B)
- Grain elevators and grain storage facilities.
Statutes/Bills (passed):
LA Revised Statutes §2.- Regulation of unmanned aerial systems and unmanned aircraft systems; preemption
The state shall have exclusive jurisdiction to regulate all unmanned aircraft systems and all unmanned aerial systems. This means that all state law will preempt and supersede any rule, regulation, code, or ordinance of any political subdivision or other local government. If federal law or regulation preempts any of the provisions of the Louisiana regulation, the federal regulation should be deemed to be the controlling law.
LA Revised Statutes 3:41-48 apply to the use of drones by the Department of Agriculture and Forestry (the “department”) in the course of agricultural operations.
LA Revised Statutes 3:41 Definitions
LA Revised Statutes 3:42 Powers of the commissioner
LA Revised Statutes 3:43 Licenses and registration
LA Revised Statutes 3:44 Unmanned aerial systems; operation
LA Revised Statutes 3:45 Violations
LA Revised Statutes 3:46 Stop orders
LA Revised Statutes 3:47 Penalties
LA Revised Statutes 14:63 Criminal trespass
LA Revised Statutes 14:108 Resisting an officer
LA Revised Statutes 14:283 Video voyeurism; penalties
LA Revised Statutes 14:283.1 Voyeurism; penalties
LA Revised Statutes 14:284 Peeping Tom; penalties
LA Revised Statutes 14:337 Unlawful use of an unmanned aircraft system
Unlawful use of an unmanned aircraft system is either of the following:
- The intentional use of an unmanned aircraft system to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record a targeted facility without the prior written consent of the owner of the targeted facility.
- The intentional use of an unmanned aircraft system over the grounds of a state or local jail, prison, or other correctional facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law without the express written consent of the person in charge of that state or local jail, prison, or other correctional facility.
283. Video voyeurism; penalties
- Video voyeurism is any of the following:
The manipulation of a victim who has not yet attained the age of seventeen or who is reasonably believed to have not yet attained the age of seventeen to use any camera, videotape, photo-optical, photo-electric, or any other image recording device or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device to photograph, film, or videotape oneself to send to the person manipulating the victim for a lewd or lascivious purpose.
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