1     
UNMANNED AIRCRAFT AMENDMENTS

2     
2016 THIRD SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Don L. Ipson

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the operation of an unmanned aircraft system in a manner that
10     causes an unmanned aircraft to fly within certain wildland fire areas.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies penalties relating to operating an unmanned aircraft system in a manner
14     that causes an unmanned aircraft to fly within certain wildland fire areas;
15          ▸     makes it a class A misdemeanor to operate an unmanned aircraft system in a manner
16     that prevents an aircraft, intended for use in containing or controlling a wildland
17     fire, from taking flight;
18          ▸     authorizes a judge to order a person convicted under the provisions of this bill to
19     pay restitution;
20          ▸     authorizes neutralization of an unmanned aircraft under certain circumstances; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          65A-3-2.5, as enacted by Laws of Utah 2016, Chapter 101
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 65A-3-2.5 is amended to read:
32          65A-3-2.5. Wildland fire and unmanned aircraft.
33          (1) As used in this section:
34          (a) "Incident commander" means the government official or employee in command of
35     the response to a wildland fire.
36          (b) "Neutralize" means to terminate the operation of an unmanned aircraft by:
37          (i) disabling or damaging the unmanned aircraft;
38          (ii) interfering with any portion of the unmanned aircraft system associated with the
39     unmanned aircraft; or
40          (iii) otherwise taking control of the unmanned aircraft or the unmanned aircraft system
41     associated with the unmanned aircraft.
42          [(b)] (c) "Sanctioned entity" includes a person that oversees, is employed by, or is
43     working under the direction of:
44          (i) a government entity;
45          (ii) a telecommunications provider;
46          (iii) a utility provider;
47          (iv) the owner or operator of a pipeline;
48          (v) an insurance provider;
49          (vi) a resource extraction entity;
50          (vii) news media;
51          (viii) a person that operates an unmanned aircraft system under a certificate of waiver,
52     a certificate of authorization, or any other grant of authority obtained from the Federal Aviation
53     Administration that expressly authorizes operation of the unmanned aircraft system; or
54          (ix) a person similar to a person described in Subsections (1)(c)(i) through (vii).
55          [(c)] (d) "Unmanned aircraft" means an aircraft that is:
56          (i) capable of sustaining flight; and
57          (ii) operated with no possible direct human intervention from on or within the aircraft.

58          [(d)] (e) "Unmanned aircraft system" means the entire system used to operate an
59     unmanned aircraft, including:
60          (i) the unmanned aircraft;
61          (ii) communications equipment;
62          (iii) navigation equipment;
63          (iv) controllers;
64          (v) support equipment; and
65          (vi) autopilot functionality.
66          (2) A person may not operate an unmanned aircraft system in a manner that causes an
67     unmanned aircraft to fly within an area that is under a temporary flight restriction that is issued
68     by the Federal Aviation Administration as a result of the wildland fire, or an area designated as
69     a wildland fire scene on a system managed by a federal, state, or local government entity that
70     disseminates emergency information to the public, unless the person operates the unmanned
71     aircraft system with the permission of, and in accordance with the restrictions established by,
72     the incident commander.
73          (3) A person, other than a government official or a government employee acting within
74     the person's capacity as a government official or government employee, that recklessly operates
75     an unmanned aircraft system in a manner that causes an unmanned aircraft to fly within an area
76     described in Subsection (2) is guilty of:
77          (a) except as provided in Subsection (3)(b), (c), or (d), a class B misdemeanor,
78     punishable by imprisonment as provided in Section 76-3-204 and a fine not to exceed $2,500;
79          (b) except as provided in Subsection (3)(c) or (d), a class A misdemeanor, punishable
80     by imprisonment as provided in Section 76-3-204 and a fine not to exceed $5,000, if the
81     operation of the unmanned aircraft system [causes an aircraft being used to contain or control a
82     wildland fire to]:
83          (i) causes an aircraft being used to contain or control a wildland fire to drop a payload
84     of water or fire retardant in a location other than the location originally designated for the
85     aircraft to drop the payload; [or]

86          (ii) causes an aircraft being used to contain or control a wildland fire to land without
87     dropping a payload of water or fire retardant in the location originally designated for the
88     aircraft to drop the payload; or
89          (iii) prevents an aircraft, intended for use in containing or controlling a wildland fire,
90     from taking flight;
91          (c) except as provided in Subsection (3)(d), a third degree felony, punishable by
92     imprisonment as provided in Section 76-3-203 and a fine not to exceed $10,000, if the
93     operation of the unmanned aircraft system causes the unmanned aircraft to come into direct
94     physical contact with a manned aircraft; or
95          (d) a second degree felony, punishable by imprisonment as provided in Section
96     76-3-203 and a fine not to exceed $15,000, if the operation of the unmanned aircraft is the
97     proximate cause of a manned aircraft colliding with the ground, a structure, or another manned
98     aircraft.
99          (4) A judge may require a person convicted of a violation under Subsection (3) to pay
100     restitution in an amount equal to damages resulting from the violation, including damages to
101     person or property, the costs of a flight, and any loss of fire retardant.
102          [(4)] (5) The incident commander of a wildland fire shall grant reasonable access to the
103     area of, and within three miles of, the wildland fire to a sanctioned entity if:
104          (a) the access is for a purpose related to the responsibilities or business of the
105     sanctioned entity; and
106          (b) the access can be granted, with reasonable restrictions, without imposing a safety
107     risk or impairing efforts to control the wildland fire.
108          (6) The chief law enforcement officer for a jurisdiction located in an area described in
109     Subsection (2) or the incident commander of a wildland fire may neutralize or authorize
110     another to neutralize an unmanned aircraft that is flying in an area described in Subsection (2)
111     if the chief law enforcement officer or the incident commander determines that the
112     neutralization is reasonably necessary to terminate a violation described in Subsection (3).
113          [(5)] (7) A political subdivision of the state, or an entity within a political subdivision

114     of the state, may not enact a law, ordinance, or rule governing the private use of an unmanned
115     aircraft in relation to a wildland fire.
116          Section 2. Effective date.
117          If approved by two-thirds of all the members elected to each house, this bill takes effect
118     upon approval by the governor, or the day following the constitutional time limit of Utah
119     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
120     the date of veto override.