BILL NUMBER: AB 1662 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN ASSEMBLY MARCH 3, 2016
INTRODUCED BY Assembly Member Chau
JANUARY 13, 2016
An act to add Part 6.5 (commencing with Section 24455) to Division
9 of the Public Utilities Code, relating to aviation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1662, Chau. Unmanned aircraft systems: accident reporting.
Existing federal law, the Federal Aviation Administration
Modernization and Reform Act of 2012, provides for the integration of
unmanned aircraft systems, commonly known as drones, into the
national airspace system. Existing federal law requires the operator
of an unmanned aircraft system to immediately, and by the most
expeditious means available, notify the nearest National
Transportation Safety Board office when, among other things, an
aircraft accident, as defined, or certain serious incidents occur.
Those notifications are required to include, among other things, the
name of the owner of the unmanned aircraft system, the name of the
operator of the unmanned aircraft system, the date and time of the
accident, and the nature of the accident.
Existing state law requires the driver of a vehicle involved in an
accident resulting in injury to any person, other than himself or
herself, or in the death of any person, to immediately stop the
vehicle at the scene of the accident and provide certain information
and render assistance, as necessary, to the driver and occupants of
the other vehicle and provide the specified information to any
traffic or police officer at the scene of the accident. A person who
violates this requirement is guilty of a misdemeanor or a felony.
Existing law requires the driver of a vehicle involved in an accident
resulting only in damage to any property, including vehicles, to
immediately stop the vehicle at the nearest location that will not
impede traffic or otherwise jeopardize the safety of other motorists
and provide certain information to the owner or person in charge of
the damaged property or place that information in a conspicuous place
on the damaged property. A person who violates this requirement is
guilty of a misdemeanor.
This bill would require, except as specified, the operator of any
unmanned aircraft system involved in an accident resulting in injury
to an individual or damage to property to immediately land the
unmanned aircraft at the nearest location that will not jeopardize
the safety of others and provide certain information to the injured
individual or the owner or person in charge of the damaged property
or place that information in a conspicuous place on the damaged
property. The bill would make a person who knowingly fails to comply
with these provisions guilty of an infraction or a misdemeanor, as
specified. By creating a new crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 6.5 (commencing with Section 24455) is added to
Division 9 of the Public Utilities Code, to read:
PART 6.5. Unmanned Aircraft Systems
24455. (a) The operator of any unmanned aircraft system involved
in an accident resulting in injury to an individual or damage to
property shall immediately land the unmanned aircraft at the nearest
location that will not jeopardize the safety of others. Moving the
unmanned aircraft in accordance with this subdivision does not affect
the question of fault. The operator shall also immediately do one of
the following:
(1) Present his or her valid identification, if he or she has that
identification, and his or her name and current residence address to
the injured individual. For purposes of this section, "valid
identification" includes, but is not limited to, a driver's license,
a state-issued identification card, or a passport.
(2) Locate and notify the owner or person in charge of that
property of the name and address of the operator of the unmanned
aircraft system involved and, upon locating the owner or person in
charge of the damaged property and being requested to do so, present
his or her valid identification, if he or she has that
identification, and his or her name and current residence address to
the other property owner or person in charge of the damaged property.
(3) Leave in a conspicuous place on the damaged property a written
notice giving the name and address of the operator of the unmanned
aircraft system involved and a statement of the circumstances of the
accident and, without unnecessary delay, notify the police department
of the city where the damage occurred or, if the damage occurred in
unincorporated territory, the local headquarters of the sheriff's
department of the county where the damage occurred.
(b) The operator shall also provide the name and address of his or
her employer or his or her place of business if he or she is the
commercial operator of the unmanned aircraft system in the same
manner as specified in paragraph (1), (2), or (3) of subdivision (a).
(c) A person who knowingly fails to comply with the requirements
of this section is guilty of an infraction punishable by a fine of
not more than two hundred fifty dollars ($250), or a misdemeanor,
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine.
(d) (1) A law enforcement officer, or an employee of a police
department, fire department, fire protection district, or other law
enforcement agency, operating an unmanned aircraft system within the
scope of his or her employment shall comply with this section unless
landing the aircraft would interfere with the officer's or employee's
duties or would put individuals at risk of further injury or
property at risk of further damage.
(2) A person operating an unmanned aircraft system as part of an
organized sport, league, or club shall comply with this section only
if the accident results in one or more of the following:
(A) Injury to an individual.
(B) Damage to property that was not operated for purposes of the
organized sport, league, or club.
(C) Damage to property that was not owned or controlled by a
participant or organizer of the sport, league, or club.
(e) This section does not apply to a person operating an unmanned
aircraft system pursuant to a current exemption, Certificate of
Waiver, or authorization issued pursuant to Section 333 or 334 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95 (Feb.
12, 2014) 126 Stat. 11, 75-76), or other commercial operator
authorization granted by, or commercial operator rule of, the Federal
Aviation Administration.
(f) For purposes of this section, the following definitions apply:
(1) "Unmanned aircraft" means an aircraft that is operated without
the possibility of direct human intervention from within or on the
aircraft.
(2) "Unmanned aircraft system" means an unmanned aircraft and
associated elements, including, but not limited to, communication
links and the components that control the unmanned aircraft that are
required for the pilot in command to operate safely and efficiently
in the national airspace system.
(g) Nothing in this section shall be construed to affect, expand,
alter, or limit any requirements, duties, rights, or remedies under
other law, including those pertaining to notification of, or
liability for, accidents involving an unmanned aircraft system.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.