Utah 2023 Regular Session

Utah House Bill HB0439 Compare Versions

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

Old	New	Differences
1	1	H.B. 439
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: K.P. Gasser 6
4	4	6 02-09-23 2:12 PM 6
5	5	H.B. 439
6	6	1 RAILROAD DRONE AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Ryan D. Wilcox
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill allows a large public transit district to use an unmanned aircraft to examine
15	15	10public transit facilities for safety purposes.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <allows an individual employed or contracted by a large public transit district to use
19	19	14an unmanned aircraft to examine public transit facilities for safety purposes; and
20	20	15 <makes technical changes.
21	21	16Money Appropriated in this Bill:
22	22	17 None
23	23	18Other Special Clauses:
24	24	19 None
25	25	20Utah Code Sections Affected:
26	26	21AMENDS:
27	27	22 72-14-403, as enacted by Laws of Utah 2017, Chapter 364
28	28	23
29	29	24Be it enacted by the Legislature of the state of Utah:
30	30	25 Section 1. Section 72-14-403 is amended to read:
31	31	26 72-14-403. Safe operation of unmanned aircraft.
32	32	27 (1) An individual who operates an unmanned aircraft system to fly an unmanned
33	33	HB0439 H.B. 439 02-09-23 2:12 PM
34	34	- 2 -
35	35	28aircraft for recreational purposes shall comply with this section or 14 C.F.R. Sec. 101, Subpart
36	36	29E.
37	37	30 (2) An individual operating an unmanned aircraft shall:
38	38	31 (a) maintain visual line of sight of the unmanned aircraft in order to:
39	39	32 (i) know the location of the unmanned aircraft;
40	40	33 (ii) determine the attitude, altitude, and direction of flight;
41	41	34 (iii) observe the airspace for other air traffic or hazards; and
42	42	35 (iv) determine that the unmanned aircraft does not endanger the life or property of
43	43	36another person;
44	44	37 (b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
45	45	38 (i) the operator of the unmanned aircraft; or
46	46	39 (ii) a visual observer.
47	47	40 (3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
48	48	41D airspace or within the lateral boundaries of the surface area of Class E airspace designated
49	49	42for an airport unless the operator of the unmanned aircraft has prior authorization from air
50	50	43traffic control.
51	51	44 (4) An individual may not operate an unmanned aircraft in a manner that interferes
52	52	45with operations and traffic patterns at any airport, heliport, or seaplane base.
53	53	46 (5) (a) [An] Except as provided in Subsection (5)(b), an individual may not operate an
54	54	47unmanned aircraft system:
55	55	48 [(a)] (i) from a public transit rail platform or station; or
56	56	49 [(b)] (ii) [(i)] (A) under a height of 50 feet within a public transit fixed guideway
57	57	50right-of-way; and
58	58	51 [(ii)] (B) directly above any overhead electric lines used to power a public transit rail
59	59	52vehicle.
60	60	53 (b) Notwithstanding Subsection (5)(a), an individual employed or contracted by a large
61	61	54public transit district may operate an unmanned aircraft from a public transit rail platform or
62	62	55station or near a public transit facility:
63	63	56 (i) to examine the public transit right-of-way for impediments or obstructions;
64	64	57 (ii) to examine a public transit facility for safety concerns; or
65	65	58 (iii) for any other safety-related purpose related to the operations of a large public 02-09-23 2:12 PM H.B. 439
66	66	- 3 -
67	67	59transit district.
68	68	60 (6) An individual may not operate an unmanned aircraft in violation of a notice to
69	69	61airmen described in 14 C.F.R. Sec. 107.47.
70	70	62 (7) An individual may not operate an unmanned aircraft at an altitude that is higher
71	71	63than 400 feet above ground level unless the unmanned aircraft:
72	72	64 (a) is flown within a 400-foot radius of a structure; and
73	73	65 (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
74	74	66 (8) (a) An individual who violates this section is liable for any damages that may result
75	75	67from the violation.
76	76	68 (b) A law enforcement officer shall issue a written warning to an individual who
77	77	69violates this section who has not previously received a written warning for a violation of this
78	78	70section.
79	79	71 (c) Except as provided in Subsection (8)(d), an individual who violates this section
80	80	72after receiving a written warning for a previous violation of this section is guilty of an
81	81	73infraction.
82	82	74 (d) An individual who violates this section is guilty of a class B misdemeanor for each
83	83	75conviction of a violation of this section after the individual is convicted of an infraction or a
84	84	76misdemeanor for a previous violation of this section.