Sarlo Bill Would Regulate Use of Drones

TRENTON – The Senate Budget and Appropriations Committee has approved legislation authored by Senator Paul Sarlo, the committee’s chairman, to set some regulatory controls over the use of drones. The bill, S-3370, would regulate the operation of unmanned aircraft systems, commonly referred to as drones, under certain circumstances.

“The use of drones has increased dramatically in recent years for a variety of purposes,” said Senator Sarlo. “There are many benefits for commercial and recreational purposes but they can also pose threats to safety, security and privacy. The technology has outpaced regulations.”

The bill would prohibit the use of drones in a manner that knowingly or intentionally endangers the life or property of another, to take or assist in the taking of wildlife, or while under the influence of drugs or alcohol. Violations would result in disorderly persons offenses, punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.

The bill also prohibits the operation of a drone that endangers the safety or security of a correctional facility or that interferes with a first responder. These violations would constitute fourth degree crimes, punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

There are no statewide drone laws in New Jersey but some municipalities have sought to set their own restrictions. Provisions of the bill preempt any law, ordinance, resolution, or regulation adopted by local governing bodies.

“The Federal Aviation Administration regulates drones used near airports or that could interfere with airspace routes and the U.S. Department of Transportation regulates the use of commercial drones, but there are no statewide rules in place to cover their more expansive use in communities,” said Senator Sarlo. “There are more unmanned drones in the country than piloted aircraft.”

The legislation would also prohibit a person from operating a drone for the purpose of hindering or preventing the lawful taking of wildlife. The bill also makes the use of a drone a violation of a restraining order for a person who is subject to that order to operate a drone within a distance of a person or location that would violate the order.

The measure includes specific provisions allowing farmers and other landowners to use drones over their property.

Under the bill, a special sentence of parole supervision for life may include reasonable conditions prohibiting or restricting a person’s operation of a drone in order to reduce the likelihood or recurrence of criminal behavior. Further, the bill provides that an owner or operator of a critical infrastructure, may apply to the Administrator of the Federal Aviation Administration to prohibit or restrict the operation of drones in close proximity to the critical infrastructure.