Representative Ryan D. Wilcox proposes the following substitute bill:


1     
RAILROAD DRONE AMENDMENTS

2     
2024 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 the operation of an unmanned aircraft system near public transit
10     facilities or critical infrastructure facilities under certain circumstances.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an individual to operate an unmanned aircraft system near or above public
14     transit facilities if the individual is:
15               •     employed or contracted by a large public transit district to use an unmanned
16     aircraft to examine public transit facilities for safety purposes; or
17               •     a member of law enforcement with a legitimate law enforcement purpose;
18          ▸     prohibits the operation of an unmanned aircraft system near or above certain critical
19     infrastructure facilities, with certain exceptions; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          72-10-1002, as renumbered and amended by Laws of Utah 2023, Chapter 216
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 72-10-1002 is amended to read:
31          72-10-1002. Safe operation of unmanned aircraft.
32          (1) An individual who operates an unmanned aircraft system to fly an unmanned
33     aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart
34     E.
35          (2) An individual operating an unmanned aircraft shall:
36          (a) maintain visual line of sight of the unmanned aircraft in order to:
37          (i) know the location of the unmanned aircraft;
38          (ii) determine the attitude, altitude, and direction of flight;
39          (iii) observe the airspace for other air traffic or hazards; and
40          (iv) determine that the unmanned aircraft does not endanger the life or property of
41     another person; and
42          (b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
43          (i) the operator of the unmanned aircraft; or
44          (ii) a visual observer.
45          (3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
46     D airspace or within the lateral boundaries of the surface area of Class E airspace designated
47     for an airport unless the operator of the unmanned aircraft has prior authorization from air
48     traffic control.
49          (4) An individual may not operate an unmanned aircraft in a manner that interferes
50     with operations and traffic patterns at any airport, heliport, or seaplane base.
51          (5) (a) [An] Except as provided in Subsection (5)(b), an individual may not operate an
52     unmanned aircraft system:
53          [(a)] (i) from a public transit rail platform or station; or
54          [(b)] (ii) [(i)] (A) under a height of 50 feet within a public transit fixed guideway
55     right-of-way; and
56          [(ii)] (B) directly above any overhead electric lines used to power a public transit rail
57     vehicle.
58          (b) Subsection (5)(a) does not apply to:
59          (i) an individual employed or contracted by a large public transit district who may
60     operate an unmanned aircraft from a public transit rail platform or station or near a public
61     transit facility:
62          (A) to examine the public transit right-of-way for impediments or obstructions;
63          (B) to examine a public transit facility for safety concerns; or
64          (C) for any other safety-related purpose related to the operations of a large public
65     transit district; or
66          (ii) an individual who is a member of law enforcement operating an unmanned aircraft
67     system in accordance with Section 72-10-802.
68          (6) (a) An individual may not operate an unmanned aircraft over any surface critical
69     infrastructure facility as defined in Section 76-6-106.3, unless the operator of the unmanned
70     aircraft has prior authorization from the facility.
71          (b) Subsection (6)(a) does not apply to:
72          (i) a first responder, as that term is defined in Section 53-3-207; or
73          (ii) a state or federal agency with regulatory authority over the relevant critical
74     infrastructure facility.
75          [(6)] (7) An individual may not operate an unmanned aircraft in violation of a notice to
76     airmen described in 14 C.F.R. Sec. 107.47.
77          [(7)] (8) An individual may not operate an unmanned aircraft at an altitude that is
78     higher than 400 feet above ground level unless the unmanned aircraft:
79          (a) is flown within a 400-foot radius of a structure; and
80          (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
81          [(8)] (9) (a) An individual who violates this section is liable for any damages that may
82     result from the violation.
83          (b) A law enforcement officer shall issue a written warning to an individual who
84     violates this section who has not previously received a written warning for a violation of this
85     section.
86          (c) Except as provided in Subsection [(8)(d)] (9)(d), an individual who violates this
87     section after receiving a written warning for a previous violation of this section is guilty of an
88     infraction.
89          (d) An individual who violates this section is guilty of a class B misdemeanor for each
90     conviction of a violation of this section after the individual is convicted of an infraction or a
91     misdemeanor for a previous violation of this section.
92          Section 2. Effective date.
93          This bill takes effect on May 1, 2024.