Iowa

descriptionSenate Study Bill 3033 (http://coolice.legis.iowa.gov/linc/85/external/SSB3033_Introduced.pdf)

Description:
Except as provided, a person shall not use a remotely operated aerial vehicle anywhere in the state unless a person obtains a permit.


Tracking Site:
Iowa Legislature (https://www.legis.iowa.gov/)

Status:
1/17 - Recorded, assigned Judiciary Comm

NOT SURE WHERE YOU ARE SUPPOSED TO OBTAIN THE PERMIT FROM. ANYONE HEARD ABOUT THIS ONE?

Not only that but even with the permit you may only operate the UAV on your own property and only if it is single-residence or non-residential.

"Such a permit shall only be valid for an unarmed remotely operated aerial vehicle that is capable of streaming or recording images of or detecting sound from the single-family residence of the permittee or other nonresidential property owned or controlled by the permittee."

RSW Posted at 2016-11-14 14:38
Not only that but even with the permit you may only operate the UAV on your own property and only if ...

I personally cannot see how this is legal. The FAA controls the airspace in this country. I imagine this rule and others that are coming from other states will be challenged in court. We'll see.

Crack The Sky Posted at 2016-11-14 13:43
I personally cannot see how this is legal. The FAA controls the airspace in this country. I imagin ...

Aloha Crack,

     The bill is only a "Study" bill.  They are only looking into what is involved in such legislation.  It is also looking into time limits for the dissolution of a marriage.  Makes sense to me!  

     Nothing can happen legislatively until next year, assuming that the study bill overcomes the problems you and RSW point out.  There is time to organize resistance to such an effort.

Aloha and Drone On!

Cetacean Posted at 2016-11-15 02:20
Aloha Crack,

     The bill is only a "Study" bill.  They are only looking into what is involved i ...

I'm getting a little old to organize resistance to to anything. Just glad I live in Arkansas where they leave it to an individual to decide if he is going to shoot your drone down because you are acting disrespectfully. Makes for polite neighbors. Does not need to escalate to the State or Federal level.

Drone shot down over Norfork
JOSH DOOLEY, jdooley@baxterbulletin.com April 12, 2016
What happens if you see a drone hovering over your back yard? What if your kids are playing in the back yard and you're worried someone is using the drone to film your kids?

In the case of 28-year-old Stephen Loosey of Norfork, you shoot it down.

That's what happened at approximately 6:30 p.m. on March 26 in the 4000 block of Arkansas State Highway 177. The Baxter County Sheriff's Office received a call about someone shooting "up in the air."

Deputy Craig Gates was sent on the call. When he arrived, Gates made contact with 49-year-old David Rorie Rains of Mountain Home. Rains told Gates he had permission to fly the drone around a nearby restaurant.

Rains said he flew the drone down to the lake to take a photograph. He told the deputy he was flying the drone back to his location, and when the drone was hovering across the road from him above some power lines, the drone was shot down.

Rains went and made contact with Loosey who said that, yes, he did shoot down the drone. When Gates approached Loosey, Loosey told the deputy the same thing he told Rains.

"Loosey stated that he shot the drone down because the drone flew over their property and he did not know if it was recording his children," Gates wrote in his report. "Loosey stated that he and his children were outside when he saw the drone flying from the lake. The drone at one point hovered over the trampoline, which is when he got out his rifle and shot it down."

Careful where you fly that thing

For drone hobbyists, losing a drone to an irritated property owner can be an expensive proposition as some drones cost well over $1,000. The best way to avoid having your drone shot down, is to simply be aware of where your drone is and be certain it's not above someone's property who hasn't given permission.

"It's probably best to be careful where you fly a drone," said Capt. Jeff Lewis of the BCSO. "You certainly don't want to invade anyone's privacy, and if you have intent to invade someone's privacy, that's illegal and subject to criminal penalty."

Arkansas has a video voyeurism law that was modified during the 2015 General Assembly to address the use of drones. Under certain circumstances, if someone uses a drone to invade the privacy of another person, they can be charged with either a Class A or a Class B misdemeanor, depending on the specific circumstances.

If you happen to see a drone hovering around your back yard, it's likely not a good idea to grab a shotgun and blow it out of the sky, tempting though it might be, Lewis said.

"If someone is flying a drone over your property, the best way to handle it is to gather all the information you can and call law enforcement. They will conduct an investigation and determine if charges are appropriate," Lewis said. "Shooting the drone down may very well subject a person to criminal charges."

A person shooting down could face a charge of criminal mischief. Depending on the value of the drone, such a charge could be a misdemeanor or a felony. The misdemeanor charge carries a possible jail sentence of up to one year. If deemed a felony due to the value of the drone, a person convicted could face up to three years in prison.

If local law enforcement declines to level charges for shooting down a drone, that doesn't necessarily mean you have clear skies. The federal government has the option of charging a person with a crime for shooting down certain types of drones which are considered civilian aircraft. A conviction carries a prison sentence of up to three years.

In the case of the drone in Norfork, an investigator looked over the deputy's report and recommended the case be handled as a civil matter.

Crack The Sky Posted at 2016-11-15 01:50
I'm getting a little old to organize resistance to to anything. Just glad I live in Arkansas where  ...

Aloha Crack,

     Well, Rains really has no excuse.  He was flying way too low to demonstrate innocence.  He may have been innocent, but he could not demonstrate innocence.  In FAA discussions, it was recommended to fly at 300 feet over private property to avoid privacy concerns.  At three hundred feet, you are not only harder to hit with a shotgun but you can demonstrate innocence for a court hearing.
     The FAA produced a privacy recommendation with another Federal agency (National Telecommunications and Information Administration);

"Respecting Privacy
Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.
As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.  "

Below is a summary from the .pdf.  If you want the whole "Best Practices", let me know ans I will post it.

Aloha and Drone On!

I notify all neighbors if possible before I fly an area. Just common courtesy and it goes a long way.
BJ

Sounds like Iowa wants to be the USA version of Sweden who banned all drones as surveillance devices.

I'll wait for someone in Iowa to buy a Inspire 2 who cannot fly it there if this gets passed.  I might be magnanimous and give them $100 for it and offer to smuggle it out of the state too.  

fansa84fe8a4 Posted at 2016-11-15 19:22
Sounds like Iowa wants to be the USA version of Sweden who banned all drones as surveillance devices ...

I personally do not see how a state or any other governing body can make laws pertaining to the airspace. That has been the domain of the FAA since way longer than any of us have been alive, ( and I'm 65 years old). I believe any of these state laws will be challenged in court. Oregon just passed a doozy too.

Crack The Sky Posted at 2016-11-16 13:31
I personally do not see how a state or any other governing body can make laws pertaining to the ai ...

I don't believe they are seeking to control what happens in the air, they are simply prohibiting you from getting into the air to start with.

Let's hope the swamp start's to drain. Who did Iowa vote for?