California Commercial & Recreational Drone Regulations

Consumers are increasingly purchasing unmanned aircraft, or drones, with estimates predicting they will buy around 700,000 this year alone. It is important to know and understand which laws and regulations govern the recreational use of drones.

The Federal Aviation Administration (FAA), with state and local governments, regulate the recreational use of drones. The main purpose of these regulations is to ensure public safety. Thus, the FAA has set specific limitations for such use. For example, the FAA limits recreational drones to daytime use only.

Limitations for Recreational Drone Use

• Maximum altitude of 400 feet above ground level;
• 5 miles from airports without prior notification to airport and air traffic control;
• Must ALWAYS yield right of way to manned aircraft;
• Must keep the aircraft in sight (visual line-of-sight);
• Must be under 55lbs;
• Must follow community based safety guidelines;
• Must notify airport and air traffic control tower before flying within 5 miles of an airport.

Additionally, the FAA requires recreational users of drones that weigh between 0.55lbs (250 grams) and 55lbs to register their aircraft online through the FAA website.

Similar to the FCC rules, the Los Angeles City council has recently passed an ordinance that regulates both commercial and recreational drone use. The Los Angeles City ordinance mimics the FAA rule as it limits recreational use of drones as follows:

• Daytime operation only;
• A maximum altitude of 400 feet above the earth’s surface;
• Not operate within 5 miles of an airport without the prior express authorization of the airport air traffic control tower;
• Not operate in a manner that interferes with manned aircraft,
• Shall always give way to any manned aircraft;
• Not operate closer than 25 feet to any individual, except the operator or the operator’s helper(s), except for takeoff and landing.

On the state level, the California legislature has recently passed three bills concerning recreational drone use, which the governor has signed into law.

Bills Concerning Recreational Drone Use

The first bill, A.B. 856 was signed into law in October of 2015. The bill expands liability for physical invasion of privacy to additionally include a person knowingly entering into the airspace above the land of another person without permission.

Moreover, A.B. 1680, was signed into law in September of 2016. This bill expands the scope of the crime of “going to or stopping at scene of emergency for purpose of viewing; interference” under California Penal Code § 402 to include the operation or use of an unmanned aerial vehicle, remote piloted aircraft, or drone, regardless of the operator’s location, in the definition of a person.

It also limits the exposure to civil liability of a local public entity or public employee for damage, if the damage was a result of specified emergency services.

Laws Regarding Drone Regulations

Because of the increasing popularity of recreational drone use, it is important to know and understand the laws and regulations that govern the activity. It is expected that more acts, regulating drone use, will be enacted both on federal and state level.

[1] Rules are subject to waiver

[2] L.A. Mun. Code, §56.31(b)

[3] 2015 Bill Text CA A.B. 856

[4] 2015 Bill Text CA A.B. 1680

[5] 2015 Bill Text CA S.B. 807

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