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