Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3325 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3517 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3325
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jessica Ann Giannino
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the safe operation of drones in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jessica Ann Giannino16th Suffolk1/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3517 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3325
18	18	By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 3325) of
19	19	Jessica Ann Giannino relative to the safe operation of drones. Transportation.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to the safe operation of drones in the Commonwealth.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2016 official edition, is
29	29	2hereby amended by adding the following section:-
30	30	3 “Section 63(a). As used in this section the following terms shall, unless the context
31	31	4clearly requires otherwise, have the following meanings:-
32	32	5 “Operate”, to pilot, fly, control, direct, or program the flight of an unmanned aircraft
33	33	6system.
34	34	7 “Recreational”, any drone, UAV or UAS that weighs more than 10 pounds.
35	35	8 “Unmanned Aircraft System” or “UAS”, an unmanned aerial vehicle and associated
36	36	9elements and support equipment required for the safe and efficient operation of the UAV,
37	37	10including but not limited to, communications links and components that control the UAV.
38	38	11 “Unmanned Aerial Vehicle”, “UAV”, or “drone”, a powered aerial vehicle that: 2 of 4
39	39	12 (a) Does not carry a human operator and is operated without the possibility of direct
40	40	13human intervention from within or on the aircraft;
41	41	14 (b) Uses aerodynamic forces to provide vehicle lift;
42	42	15 (c) Can fly autonomously or be piloted remotely;
43	43	16 (d) Can be expendable or recoverable
44	44	17 (b) A person must be at least 16 years old to fly a recreational, commercial operation or
45	45	18business use drone also known as an UAV or UAS.
46	46	19 (c) All recreational, commercial operation or business use drone, UAV or UAS must be
47	47	20operated in a manner that does not pose a hazard to other aircraft, people, or property.
48	48	21 (d) All recreational, commercial operation or business use drone, UAV or UAS must be
49	49	22registered with the FAA.
50	50	23 (e) All recreational, commercial operation or business use drone, UAV or UAS operators
51	51	24must obtain a remote pilot’s certificate.
52	52	25 (f) All recreational, commercial operation or business use drone, UAV or UAS must stay
53	53	26within the visual line of sight of the operator at all times.
54	54	27 (g) All recreational, commercial operation or business use drone, UAV or UAS operators
55	55	28are prohibited from flying a drone, UAV or UAS under the influence of drugs and alcohol.
56	56	29 (h) All recreational, commercial operation or business use drone, UAV or UAS operators
57	57	30must comply with all applicable regulations of the Federal Aviation Administration (FAA)
58	58	31including but not limited to Part 107 of the Federal Aviation Regulations (FARs). 3 of 4
59	59	32 (i) Commercial operation or business use drone, UAV or UAS are prohibited from flying
60	60	33at night – unless they are delivering critical or emergency medical supplies to hospitals or
61	61	34healthcare facilities.
62	62	35 (j) Commercial operation or business use drone, UAV or UAS are prohibited from take-
63	63	36off or landing on municipal or state-owned property.
64	64	37 (k) Commercial operation or business use drone, UAV or UAS are prohibited from take-
65	65	38off or landing within 150 feet of airports or helipads.
66	66	39 (l) Commercial operation or business use drone, UAV or UAS are prohibited from take-
67	67	40off or landing within 100 feet of a pre-existing public or private school providing education in
68	68	41kindergarten or any of grades 1 through 12.
69	69	42 (m) Commercial operation or business use drone, UAV or UAS are prohibited from take-
70	70	43off or landing within 150 feet of aquifers.
71	71	44 (n) Drone, UAV or UAS s are not allowed to take off or land within 250 feet of areas of
72	72	45critical environmental concern.
73	73	46 (o) Commercial operation or business use drone, UAV or UAS are prohibited from take-
74	74	47off or landing within 100 feet of churches.
75	75	48 (p) Commercial operation or business use drone, UAV or UAS are prohibited from take-
76	76	49off or landing within 100 feet of athletic events, concerts or other events where crowds gather.
77	77	50 (q) Commercial operation or business use drone, UAV or UAS are prohibited from take-
78	78	51off or landing within 100 feet of playgrounds. 4 of 4
79	79	52 (r) Commercial operation or business use drone, UAV or UAS are prohibited from take-
80	80	53off or landing within 100 feet of parks.
81	81	54 (s) Commercial operation or business use drone, UAV or UAS are prohibited from take-
82	82	55off or landing within 150 feet of places where children congregate.
83	83	56 (t) Commercial operation or business use drone, UAV or UAS are prohibited from take-
84	84	57off or landing within 150 feet of military bases.
85	85	58 (u) Commercial operation or business use drone, UAV or UAS are prohibited from take-
86	86	59off or landing within 150 feet of critical infrastructures including but not limited to power plants,
87	87	60gas utilities, solar fields, wind farms or water treatment facilities.
88	88	61 (v) Commercial operation or business use drone, UAV or UAS are prohibited from take-
89	89	62off or landing within 150 feet of emergency and law enforcement facilities.
90	90	63 (w) Commercial operation or business use drone, UAV or UAS are prohibited from take-
91	91	64off or landing within 150 feet of daycare facilities.
92	92	65 (x) Commercial operation or business use drone, UAV or UAS are prohibited from take-
93	93	66off or landing within 150 feet of correction and prison facilities.
94	94	67 (y) Commercial operation or business use drone, UAV or UAS are prohibited from take-
95	95	68off or landing within 150 feet of government and federal offices or buildings.
96	96	69 (z) Commercial operation or business use drone, UAV or UAS are prohibited from take-
97	97	70off or landing within 150 feet of zoos, livestock farms or wildlife preserves.