1     
RAILROAD DRONE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill allows a large public transit district to use an unmanned aircraft to examine
10     public transit facilities for safety purposes.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an individual employed or contracted by a large public transit district to use
14     an unmanned aircraft to examine public transit facilities for safety purposes; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          72-14-403, as enacted by Laws of Utah 2017, Chapter 364
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 72-14-403 is amended to read:
26          72-14-403. Safe operation of unmanned aircraft.
27          (1) An individual who operates an unmanned aircraft system to fly an unmanned

28     aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart
29     E.
30          (2) An individual operating an unmanned aircraft shall:
31          (a) maintain visual line of sight of the unmanned aircraft in order to:
32          (i) know the location of the unmanned aircraft;
33          (ii) determine the attitude, altitude, and direction of flight;
34          (iii) observe the airspace for other air traffic or hazards; and
35          (iv) determine that the unmanned aircraft does not endanger the life or property of
36     another person;
37          (b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
38          (i) the operator of the unmanned aircraft; or
39          (ii) a visual observer.
40          (3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
41     D airspace or within the lateral boundaries of the surface area of Class E airspace designated
42     for an airport unless the operator of the unmanned aircraft has prior authorization from air
43     traffic control.
44          (4) An individual may not operate an unmanned aircraft in a manner that interferes
45     with operations and traffic patterns at any airport, heliport, or seaplane base.
46          (5) (a) [An] Except as provided in Subsection (5)(b), an individual may not operate an
47     unmanned aircraft system:
48          [(a)] (i) from a public transit rail platform or station; or
49          [(b)] (ii) [(i)] (A) under a height of 50 feet within a public transit fixed guideway
50     right-of-way; and
51          [(ii)] (B) directly above any overhead electric lines used to power a public transit rail
52     vehicle.
53          (b) Notwithstanding Subsection (5)(a), an individual employed or contracted by a large
54     public transit district may operate an unmanned aircraft from a public transit rail platform or
55     station or near a public transit facility:
56          (i) to examine the public transit right-of-way for impediments or obstructions;
57          (ii) to examine a public transit facility for safety concerns; or
58          (iii) for any other safety-related purpose related to the operations of a large public

59     transit district.
60          (6) An individual may not operate an unmanned aircraft in violation of a notice to
61     airmen described in 14 C.F.R. Sec. 107.47.
62          (7) An individual may not operate an unmanned aircraft at an altitude that is higher
63     than 400 feet above ground level unless the unmanned aircraft:
64          (a) is flown within a 400-foot radius of a structure; and
65          (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
66          (8) (a) An individual who violates this section is liable for any damages that may result
67     from the violation.
68          (b) A law enforcement officer shall issue a written warning to an individual who
69     violates this section who has not previously received a written warning for a violation of this
70     section.
71          (c) Except as provided in Subsection (8)(d), an individual who violates this section
72     after receiving a written warning for a previous violation of this section is guilty of an
73     infraction.
74          (d) An individual who violates this section is guilty of a class B misdemeanor for each
75     conviction of a violation of this section after the individual is convicted of an infraction or a
76     misdemeanor for a previous violation of this section.