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| 5 | 5 | | 2023 -- S 0816 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001594 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO AERONAUT ICS -- UNPILOTED AERIAL VEHICLES |
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| 16 | 16 | | Introduced By: Senators McKenney, DeLuca, and Burke |
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| 17 | 17 | | Date Introduced: March 23, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | (RI Airport Corporation) |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Section 1-8-1 of the General Laws in Chapter 1-8 entitled "Unpiloted Aerial 1 |
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| 23 | 23 | | Vehicles" is hereby repealed. 2 |
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| 24 | 24 | | 1-8-1. Exclusive aerial regulations. 3 |
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| 25 | 25 | | Subject to federal law, the state of Rhode Island and the Rhode Island airport corporation 4 |
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| 26 | 26 | | shall have exclusive legal authority to regulate any object capable of flying that is remotely 5 |
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| 27 | 27 | | controlled and flies autonomously through software-controlled flight plans embedded in the 6 |
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| 28 | 28 | | object’s system by a global-position system, commonly known as unpiloted aerial vehicles, 7 |
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| 29 | 29 | | remotely piloted aircraft, drones, or unmanned aircraft systems. 8 |
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| 30 | 30 | | SECTION 2. Chapter 1-8 of the General Laws entitled "Unpiloted Aerial Vehicles" is 9 |
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| 31 | 31 | | hereby amended by adding thereto the following sections: 10 |
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| 32 | 32 | | 1-8-1.1. Definitions. 11 |
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| 33 | 33 | | When used in this chapter: 12 |
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| 34 | 34 | | (1) "Unpiloted aircraft systems" or "UAS" means an unpiloted aerial vehicle and associated 13 |
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| 35 | 35 | | elements and support equipment required for the safe and efficient operation of the UAV. 14 |
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| 36 | 36 | | (2) "Unpiloted aerial vehicle" or "UAV" means a powered aerial vehicle that: 15 |
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| 37 | 37 | | (i) Does not carry a human operator and is operated without the possibility of direct human 16 |
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| 38 | 38 | | intervention from within or on the aircraft; 17 |
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| 39 | 39 | | (ii) Uses aerodynamic forces to provide vehicle lift; 18 |
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| 40 | 40 | | (iii) Can fly autonomously or be piloted remotely; 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001594 - Page 2 of 3 |
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| 44 | 44 | | (iv) Weighs less than fifty-five pounds (55 lbs.). 1 |
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| 45 | 45 | | (3) "Municipality" means any city. town or incorporated village within the state. 2 |
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| 46 | 46 | | (4) "Operate" or "operation" means to fly, pilot, control, direct or program the flight of an 3 |
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| 47 | 47 | | unpiloted aircraft system. 4 |
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| 48 | 48 | | 1-8-1.2. Regulation of unpiloted aircraft systems. 5 |
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| 49 | 49 | | (a) Any operation of a UAV or UAS in the state shall comply with all applicable Federal 6 |
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| 50 | 50 | | Aviation Administration ("FAA") requirements. Any UAV or UAS operating under the authority 7 |
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| 51 | 51 | | of the Armed Forces of the United States, Department of Homeland Services or any other federal 8 |
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| 52 | 52 | | agency having authority shall be exempt from this law. 9 |
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| 53 | 53 | | (b) Any person who operates a UAV or UAS in violation of this chapter shall be subject to 10 |
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| 54 | 54 | | penalty in accordance with § 1-4-19. 11 |
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| 55 | 55 | | (c) No municipality shall enact or enforce any ordinance regulating the operation of UAVs 12 |
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| 56 | 56 | | or UASs except as otherwise authorized by regulation or guideline promulgated by the Federal 13 |
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| 57 | 57 | | Aviation Administration or the Rhode Island general laws. 14 |
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| 58 | 58 | | SECTION 3. This act shall take effect upon passage. 15 |
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| 59 | 59 | | ======== |
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| 60 | 60 | | LC001594 |
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| 61 | 61 | | ======== |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | LC001594 - Page 3 of 3 |
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| 65 | 65 | | EXPLANATION |
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| 66 | 66 | | BY THE LEGISLATIVE COUNCIL |
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| 67 | 67 | | OF |
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| 68 | 68 | | A N A C T |
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| 69 | 69 | | RELATING TO AERONAUT ICS -- UNPILOTED AERIAL VEHICLES |
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| 70 | 70 | | *** |
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| 71 | 71 | | This act would provide for the regulation of unpiloted aircraft systems in accordance with 1 |
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| 72 | 72 | | Federal Aviation Administration (FAA) requirements. 2 |
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| 73 | 73 | | This act would take effect upon passage. 3 |
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| 74 | 74 | | ======== |
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| 75 | 75 | | LC001594 |
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| 76 | 76 | | ======== |
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| 77 | 77 | | |
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