Utah 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 aircraft” means an aircraft that is:

  1. capable of sustaining flight; and
  2. operated with no possible direct human intervention from on or within the aircraft.

“Unmanned aircraft system” means the entire system used to operate an unmanned aircraft, including:

  1. the unmanned aircraft, including payload;
  2. communications equipment;
  3. navigation equipment;
  4. controllers;
  5. support equipment; and
  6. autopilot functionality.

 

Statutes/Bills:

Title 72 - Chapter 14 Part 1: General Provisions (72-14-1)

Section 101: Title

This chapter is known as "Unmanned Aircraft -- Drones."

Section 102: Definitions

As used in this chapter:

  1. "Airport" means the same as that term is defined in Section 72-10-102.
  2. "Airport operator" means the same as that term is defined in Section 72-10-102.
  3. "Correctional facility" means the same as that term is defined in Section 77-16b-102.
  4. "Unmanned aircraft" means an aircraft that is:
    1. capable of sustaining flight; and
    2. operated with no possible direct human intervention from on or within the aircraft
  5. "Unmanned aircraft system" means the entire system used to operate an unmanned aircraft, including:
    1. the unmanned aircraft, including payload;
    2. communications equipment;
    3. navigation equipment;
    4. controllers;
    5. support equipment; and
    6. autopilot functionality

Section 103: Preemption of local ordinance

Section 104: Applicability

This chapter does not apply to a person or business entity:

  1. using an unmanned aircraft for legitimate educational or business purposes; and
  2. operating the unmanned aircraft system in a manner consistent with applicable Federal Aviation Administration rules, exemptions, or other authorizations.

Title 72 - Chapter 14 Part 2: Law Enforcement Use of Unmanned Aircraft (72-14-2)

Section 201: Title

This part is known as "Law Enforcement Use of Unmanned Aircraft."

Section 202: Definitions

Section 203: Unmanned aircraft system use requirements -- Exceptions.

A law enforcement agency or officer may not obtain, receive, or use data acquired through an unmanned aircraft system unless the data is obtained:

  1. pursuant to a search warrant;
  2. in accordance with judicially recognized exceptions to warrant requirements;
  3. from a nongovernment actor, subject to limitations listed below;
  4. to locate a lost or missing person in an area in which a person has no reasonable expectation of privacy; or
  5. for purposes unrelated to a criminal investigation.

A law enforcement officer or agency may only use for law enforcement purposes data obtained from a nongovernment actor if:

  1. the data appears to pertain to the commission of a crime; or
  2. the law enforcement agency or officer believes, in good faith, that:
  1. the data pertains to an imminent or ongoing emergency involving danger of death or serious bodily injury to an individual; and
  2. disclosing the data would assist in remedying the emergency.

A law enforcement agency that “obtains, receives, or uses” data acquired pursuant to the methods above must destroy the data as soon as reasonably possible.

Section 204: Data retention

Section 205: Reporting

Title 72 - Chapter 14 Part 3: Unlawful Use of Unmanned Aircraft.

Section 301: Title

This part is known as “Unlawful Use of Unmanned Aircraft.”

Section 302: Reserved

Section 303: Weapon attached to unmanned aircraft -- Penalties.

A person is guilty of a Class B misdemeanor if they fly an unmanned aircraft that carries a weapon or to which a weapon is attached.

An exception is made when:

  1. for someone who flies a drone that carries or has attached to it a weapon if that person has approval from the FAA and acts accordingly;
  2. for someone who has a contract with the state or federal government, or
  3. someone who operates such aircraft with the Department of Defense’s permission in airspace controlled by the U.S. Department of defense.

Section 304: Unlawful operation of unmanned aircraft near prison facilities -- Penalties.

  1. An individual may not operate an unmanned aircraft system:
    1. to carry or drop any item to or inside the property of a correctional facility; or
    2. in a manner that interferes with the operations or security of a correctional facility.
  2.  (violations)
    1. A violation of Subsection (1)(a) is a third degree felony
    2. A violation of Subsection (1)(b) is a class B misdemeanor.
  3. An operator of an unmanned aircraft system does not violate Subsection (1) if the operator is:
    1. an employee or contractor working on behalf of a mosquito abatement district created pursuant to Title 17B, Limited Purpose Local Government Entities - Local Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities; and
    2. acting in the course and scope of the operator's employment.

Title 72 - Chapter 14 Part 4: Safe Use of Unmanned Aircraft

Section 401: Title

This part is known as “Safe Use of Unmanned Aircraft.”

Section 402: Reserved

Section 403: Safe operation of unmanned aircraft.

The individual operating the drone or an observer must:

  1. maintain visual line of sight of the unmanned aircraft in order to:
  1. know the location of the unmanned aircraft;
  2. determine the attitude, altitude, and direction of flight;
  3. observe the airspace for other air traffic or hazards; and
  4. determine that the unmanned aircraft does not endanger the life or property of another person;

An individual may not operate an unmanned aircraft in Class B, Class C, or Class D        airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless the operator of the unmanned aircraft has prior authorization from air traffic control.

An individual may not operate an unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.

Flying a drone at an altitude higher than 400 feet above ground is prohibited unless :

  1. the drone is flown within a 400-foot radius of a structure; and
  2. is not flown higher than 400 feet above the structure’s highest point.

An individual who violates this section is liable for any damages that may result from the violation. A law enforcement officer shall issue a written warning for the first violation. If an individual violates the statute after receiving a written warning, he or she is guilty of an infraction. Every subsequent offense of the statute after an infraction was received is a class B misdemeanor.

65A-3-2.5 Wildland fire and unmanned aircraft.

A person may not operate an unmanned aircraft system in a manner that causes an unmanned aircraft to fly within an area that is under a temporary flight restriction that is issued by the Federal Aviation Administration as a result of the wildland fire, or an area designated as a wildland fire scene on a system managed by a federal, state, or local government entity that disseminates emergency information to the public, unless the person operates the unmanned aircraft system with the permission of, and in accordance with the restrictions established by, the incident commander.

A person, other than a government official or a government employee acting within the person’s capacity as a government official or government employee, that recklessly operates an unmanned aircraft system in a manner that causes an unmanned aircraft to fly within an area described in Subsection (2) is guilty of:

  1. (a) except as provided in Subsection (3)(b), (c), or (d), a class B misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $2,500;
  2. (b) except as provided in Subsection (3)(c) or (d), a class A misdemeanor, punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $5,000, if the operation of the unmanned aircraft system:

(i) causes an aircraft being used to contain or control a wildland fire to drop a payload of water or fire retardant in a location other than the location originally designated for the aircraft to drop the payload;

(ii) causes an aircraft being used to contain or control a wildland fire to land without dropping a payload of water or fire retardant in the location originally designated for the aircraft to drop the payload; or

(iii) prevents an aircraft, intended for use in containing or controlling a wildland fire, from taking flight;

  1. except as provided in Subsection (3)(d), a third degree felony, punishable by    imprisonment as provided in Section 76-3-203 and a fine not to exceed $10,000, if the operation of the unmanned aircraft system causes the unmanned aircraft to come into direct physical contact with a manned aircraft; or
  2. a second degree felony, punishable by imprisonment as provided in Section 76-3-203 and a fine not to exceed $15,000, if the operation of the unmanned aircraft is the proximate cause of a manned aircraft colliding with the ground, a structure, or another manned aircraft.

72-10-109 Certificate of registration of aircraft required – Exceptions.

Unmanned aircraft as defined in Section 72-14-102 are exempt from the state registration requirement     

76-6-206 Criminal trespass.

Criminal trespass laws in relation to drones. In the context of this section, “enter” means “intrusion of the entire (...) unmanned aircraft.” “Remain unlawfully” is defined as staying on or over private property when the property or part of it is not open to the public, and the person flying the drone is not authorized to do so.

A person is guilty of criminal trespass as it relates to drones if he or she:

  1. causes a drone to “enter and remain unlawfully over property” and either intends to annoy or injure a person, or damage property, including by painting graffiti; intends to commit any crime besides theft or a felony; or “is reckless as to whether the (...) unmanned aircraft’s presence will cause fear for the safety of another,”
  2. knowingly “causes an unmanned aircraft to enter or remain unlawfully over property to which notice against entering is given” through personal communication, a fence or other enclosure obviously meant to exclude, or posting signs in reasonably conspicuous place,

Violations of either of the above is a class B misdemeanor unless the violation is committed in a dwelling, in which event the violation is a class A misdemeanor.

76-9-402 Privacy violation.

The law specifies that a person is not guilty of what would otherwise be a privacy violation if the person is operating a UAS for legitimate commercial or education purposes consistent with FAA regulations.

76-9-702.7 Voyeurism offenses – Penalties.

It is a class A or class B misdemeanor to use any type of technology, including UAS, to secretly record video of a person in certain instances.

R651-602-8. Operation of Unmanned Aircraft (park system)

A person must obtain written permission from the park manager before operating an unmanned aircraft within the park system.

HB 217 Harassment of livestock. (76-9-308)

Prohibits a person from intentionally, knowingly, or recklessly chasing, actively disturbing, or harming livestock through the use of UAS. Anyone who violates this law is guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a subsequent offense or if livestock is seriously injured or killed or there is damage in excess of $1,000.

HB 59 UNMANNED AIRCRAFT REVISIONS

AMENDS: 72-14-102, as renumbered and amended by Laws of Utah 2017, Chapter 364

ENACTS: 72-14-304, Utah Code Annotated 1953