BILL ANALYSIS Ó
AB 1662
Page 1
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1662
(Chau) - As Amended March 3, 2016
SUBJECT: Unmanned aircraft systems: accident reporting
SUMMARY: Requires the operator of any unmanned aircraft system
(UAS) involved in an accident resulting in injury to an
individual or damage to property to perform certain duties.
Specifically, this bill:
1)Requires the operator of the UAS to immediately land the
aircraft at the nearest location that will not jeopardize the
safety of others.
2)Requires the operator to present his or her valid
identification and his or her name and current residence
address to the injured individual.
3)Requires the operator to locate and notify the owner or person
in charge of the damaged property of the name and address of
the operator and, upon being requested to do so, present his
or her valid identification and his or her name and current
residence address to the other property owner or person in
charge of the damaged property.
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4)Requires the operator to leave a written notice in a
conspicuous place on the damaged property giving the name and
address of the operator and a statement of the circumstances
of the accident and notify the police department or the
sheriff's department of the jurisdiction where the damage
occurred.
5)Makes a violation of these requirements a misdemeanor,
punishable by up to 6 months in jail, a $1,000 fine, or both.
6)Exempts from these requirements law enforcement and a UAS
operated under specific authorization from the Federal
Aviation Administration (FAA), in accordance with the terms
and conditions of that authorization.
7)Defines "unmanned aircraft" and "unmanned aircraft system"
consistent with federal law.
EXISTING LAW:
1)Vests FAA with the authority to regulate airspace use,
management and efficiency, air traffic control, safety,
navigational facilities, and aircraft noise.
2)Requires, under the federal FAA Modernization and Reform Act
of 2012, FAA to plan for the safe integration of UAS operation
into the national airspace system by September 30, 2015, and
to develop and implement certification requirements for the
operation of UASs in the national airspace system.
3)Requires the driver of any vehicle involved in an accident
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resulting in personal injury or death to stop the vehicle
immediately at the scene of the accident and provide to the
injured person and any law enforcement officer at the scene of
the accident the following: his or her name and address; the
name and address of any injured passenger; the registration
number of the vehicle; the name and address of the vehicle
owner if different from the driver; and present
identification, if requested. Requires the driver to render
reasonable assistance to any person injured in the accident.
Requires a person who violates these requirements and leaves
the scene of an accident causing injury to be punished by
imprisonment in jail or prison for up to 1 year, a fine of
$1,000 to $10,000, or both. If the injury is permanent and
serious or fatal, the penalty is imprisonment in prison for 2
to 4 years, in jail for between 90 days and 1 year, a fine of
$1,000 to $10,000, or both imprisonment and the fine.
4)Requires the driver of any vehicle involved in an accident
resulting only in property damage to stop the vehicle
immediately at the nearest location that will not impede
traffic or jeopardize safety and do the following: locate and
notify the owner of the property; provide his or her name and
address; and present identification, if requested. If the
property owner cannot be found, then the driver must leave a
note on the damaged property with his or her name and address
along with a statement of the circumstances of the accident,
and notify the police. A violation of these requirements is a
misdemeanor, punishable by up to 6 months in jail, a $1,000
fine, or both.
5)Requires a person who parks and leaves a vehicle which then
becomes a runaway vehicle involved in an accident causing
property damage to follow the same provisions that apply to
other vehicle accidents causing property damage.
6)Requires the driver of any vehicle except a common carrier
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vehicle involved in an accident resulting in personal injury
or death to report the accident to the police within 24 hours.
FISCAL EFFECT: Unknown
COMMENTS: Existing federal law vests FAA with the authority to
regulate airspace in all states. In 2012, FAA was required by
Congress to plan for the safe integration of UAS operation into
the national airspace system by September 30, 2015, and to
develop and implement certification requirements for the
operation of UASs in the national airspace system.
A UAS includes both an unmanned aircraft, commonly referred to
as a drone, and all of the associated support equipment, control
stations, data links, telemetry, and communications and
navigation equipment necessary to operate the unmanned aircraft.
A UAS can be flown either by a pilot via a ground control
system or autonomously through use of an on-board computer.
AB 1662 would require the operator of a UAS involved in an
accident to land the vehicle and provide specified information
to other parties involved in the accident, consistent with the
current requirements placed on a driver involved in a motor
vehicle accident. The requirements and penalties associated
with this bill mirror existing statutes relating to hit-and-run
accidents, such as the requirement to leave a note with
identifying information if the accident results only in property
damage.
According to the author, there is a need for clear rules to
protect public safety as more drones enter the skies, as UASs
have the potential to cause personal injury and property damage
if systems fail or operators use them irresponsibly. The author
states that drones are just as capable as cars are of causing
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personal injury and property damage when they fall out of the
sky or hover too close to people.
Unmanned aircraft systems are widely available to the public,
and retail systems outfitted with cameras now range from roughly
$300 to $1,500. The FAA estimates that nearly one million UASs
were sold during the December 2015 holiday season.
In anticipation of the influx of UAS in the skies, the FAA
issued new rules in 2015 requiring any UAS weighing between one
half pound and 55 pounds, including payloads such as on-board
cameras, to be registered with the FAA by February 19, 2016.
UAS owners must be at least 13 years old to register and must
provide their name, home address, and email address. Upon
registration under this requirement, UAS owners receive a
Certificate of Aircraft Registration/Proof of Ownership along
with a unique identification number, which must be marked or
affixed to the unmanned aircraft. This unique identifier can
then be used to look up the UAS owner in the event of an
accident. These registration rules apply only to "model
aircraft," i.e., recreational UASs not used for any commercial
purpose. The FAA is currently in the process of adopting rules
regulating the use of commercial UASs, which currently may only
be authorized by the FAA on a case-by-case. According to FAA
Administrator Michael Huerta, the FAA now has more than 400,000
UAS registrants in the model aircraft category, which surpasses
the 320,000 piloted airplanes currently registered with the FAA.
While there is little existing law at the state level governing
the use of UAS, it is unclear what effect upcoming FAA
regulations will have on California's ability to regulate
drones. Once the FAA has finished promulgating regulations, a
future court may find that those regulations preempt certain
state laws. The FAA recently issued a document on state and
local regulation of UASs, and stated that laws traditionally
related to state and local police power - including land use,
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zoning, privacy, trespass, and law enforcement operations -
generally are not subject to federal regulation.
This bill would appear to fall within the police power, because
it establishes safety and accident reporting standards to help
law enforcement resolve personal injury and property damage
accidents involving drones. As such, the likelihood of federal
preemption of this bill could be minimal.
Double referral: This bill passed out of the Assembly Privacy
and Consumer Protection Committee on April 5, 2016, with an 11-0
vote.
Related legislation: AB 1680 (Rodriguez), makes it a
misdemeanor to operate a UAS in a way that interferes with first
responders. AB 1680 is currently on Assembly Third Reading.
AB 1724 (Waldron), establishes identification marking
requirements for certain unmanned aircraft operated in
California. AB 1724 is awaiting a hearing in the Assembly
Privacy and Consumer Protection Committee.
AB 2724 (Gatto), requires UAS makers to include with the UAS a
copy of FAA safety regulations, and if the UAS is required to be
registered with the FAA, a notice of the registration
requirement. AB 2724 also requires a UAS with GPS technology to
be outfitted with a geo-fencing feature and requires UAS owners
to have adequate liability insurance. AB 2724 is awaiting a
hearing in the Assembly Privacy and Consumer Protection
Committee.
SB 810 (Gaines), increases fines for UAS interference with
firefighting activities. SB 810 is awaiting a hearing in the
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Senate Public Safety Committee.
SB 868 (Jackson), establishes the State Remote Piloted Aircraft
Act containing numerous UAS regulations. SB 868 is scheduled to
be heard in the Senate Public Safety Committee on April 19,
2016.
Previous legislation: AB 14 (Waldron, 2015), would have
established identification marking requirements for certain
unmanned aircraft operated in California. AB 14 was returned to
the Chief Clerk by this committee pursuant to Joint Rule 56.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Water Agencies
California Police Chiefs Association
DJI Technology
San Diego County Regional Airport Authority
Opposition
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None on file
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093