AB 2724, as amended, Gatto. Unmanned aircraft.
Existing federal law, the FAA Modernization and Reform Act of 2012 (FMRA 2012), provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing federal law imposes various operational safety requirements and aircraft certification requirements on aircraft, including unmanned aircraft. Existing federal law also generally requires an aircraft to be registered with the Federal Aviation Administration (FAA), and except as provided, prohibits a person from operating a United States registered aircraft unless that aircraft displays specified nationality and registration marks or from placing on any aircraft a design, mark, or symbol that modifies or confuses those nationality and registration marks. Existing federal law establishes an online and paper-based registration process for specified types of unmanned aircraft systems.
This bill would require a person who manufactures an unmanned aircraft for sale in this state to include with the unmanned aircraft abegin delete copy ofend deletebegin insert link to theend insert FAAbegin insert Internet Web site containingend insert safety regulationsbegin insert or best practicesend insert applicable to unmanned aircraft and, if the unmanned aircraft is required to be registered with the FAA, a notification of thatbegin delete requirement.end deletebegin insert requirement and a link
to the FAA registration Internet Web site.end insert The bill would require an unmanned aircraft equipped with global positioning satellite mapping capabilities to also be equipped with geofencing technological capabilities that prohibit the unmanned aircraft from flying within any area prohibited by local, state, or federalbegin delete law.end deletebegin insert law, as specified.end insert The bill would require the owner of an unmanned aircraft to procure adequate protection against liability imposed by law on owners of unmanned aircraft, including the payment of damages for personal bodily injuries and death, and for property damage, resulting from the operation of the unmanned aircraft. The bill would require the Department ofbegin delete Transportationend deletebegin insert
Insurance, in consultation with the Department of Transportation,end insert to set the amount of liability protection that is adequate. The bill would make the provision requiring adequate protection against liability operative on January 1, 2020. The bill would exempt from its provisions an unmanned aircraft operated pursuant to a currentbegin delete commercial operator exemptionend deletebegin insert exemption, or Certificates of Waiver or Authorizationend insert issued pursuant to FMRA 2012 or other commercial operator authorization granted by the FAA. The bill would provide that if any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Part 7 (commencing with Section 9570) is added
2to Division 4 of the Civil Code, to read:
This part shall be known and may be cited as the Drone
4Registration Omnibus Negligence Prevention Enactment (DRONE)
5Act.
As used in this part, “unmanned aircraft” means an
7aircraft that is operated without the possibility of direct human
8intervention from within or on the aircraft.
(a) A person who manufactures an unmanned aircraft
10for sale in this state shall include with the unmanned aircraft both
11of the following:
12(1) Abegin delete copy ofend deletebegin insert link to theend insert Federal Aviation Administration
13begin insert Internet Web site containingend insert safety regulationsbegin insert or best practicesend insert
14 applicable to unmanned aircraft.
15(2) If the unmanned aircraft is required to be registered with the
16Federal Aviation Administration, a notification of thatbegin delete requirement.end delete
17
begin insert requirement and a link to the Federal Aviation Administration
18registration Internet Web site.end insert
19(b) begin deleteAn end deletebegin insertUnless preempted by federal law, anend insert unmanned aircraft
20equipped with global positioning satellite mapping capabilities
21shall also be equipped with geofencing technological capabilities
22that prohibit the unmanned
aircraft from flying within any area
23prohibited by local, state, or federal law.
(a) The owner of an unmanned aircraft shall procure
25adequate protection against liability imposed by law on owners of
26unmanned aircraft, including the payment of damages for personal
27bodily injuries and death, and for property damage, resulting from
28the operation of the unmanned aircraft.
29(b) The Department ofbegin delete Transportationend deletebegin insert Insurance, in consultation
30with the Department of Transportation,end insert shall set the amount of
31liability protection that is adequate.
32(c) This section shall become operative on January 1, 2020.
This part does not apply to an unmanned aircraft operated
34pursuant to a currentbegin delete commercial operator exemptionend deletebegin insert exemption,
35Certificates of Waiverend insertbegin insert or Authorizationend insert issued pursuant to Section
36333begin insert or 334end insert of the FAA Modernization and Reform Act of 2012
37(Public Law 112-95 (Feb. 12, 2014) 126 Stat. 11,begin delete 75-76)end deletebegin insert
75-76),end insert
38 or other commercial operator authorization granted by the Federal
39Aviation Administration.
The provisions of this part are severable. If any provision
2of this part or its application is held invalid, that invalidity shall
3not affect other provisions or applications that can be given effect
4without the invalid provision or application.
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