Utah Code 72-10-1002. Safe operation of unmanned aircraft
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(1) An individual who operates an unmanned aircraft system to fly an unmanned aircraft for recreational purposes shall comply with this section or 49 U.S.C. § 44809.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 72-10-1002
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Airport: means any area of land, water, or both, that:(8)(a) is used or is made available for landing and takeoff;(8)(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;(8)(c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and(8)(d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 72-1-102
- Flight: means any kind of locomotion by aircraft while in the air. See Utah Code 72-10-102
- Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Public transit facility: means a fixed guideway, transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:(25)(a) leased by or operated by or on behalf of a public transit district; and(25)(b) related to the public transit services provided by the district, including:(25)(b)(i) railway or other right-of-way;(25)(b)(ii) railway line; and(25)(b)(iii) a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 72-1-102
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Unmanned aircraft: means an aircraft that is:(37)(a) capable of sustaining flight; and(37)(b) operated with no possible direct human intervention from on or within the aircraft. See Utah Code 72-10-102
- Unmanned aircraft system: means the entire system used to operate an unmanned aircraft, including:(38)(a) the unmanned aircraft, including payload;(38)(b) communications equipment;(38)(c) navigation equipment;(38)(d) controllers;(38)(e) support equipment; and(38)(f) autopilot functionality. See Utah Code 72-10-102
(2) An individual operating an unmanned aircraft shall:
(2)(a) maintain visual line of sight of the unmanned aircraft in order to:
(2)(a)(i) know the location of the unmanned aircraft;
(2)(a)(ii) determine the attitude, altitude, and direction of flight;
(2)(a)(iii) observe the airspace for other air traffic or hazards; and
(2)(a)(iv) determine that the unmanned aircraft does not endanger the life or property of another person; and
(2)(b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
(2)(b)(i) the operator of the unmanned aircraft; or
(2)(b)(ii) a visual observer.
(3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless the operator of the unmanned aircraft has prior authorization from air traffic control.
(4) An individual may not operate an unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.
(5)
(5)(a) Except as provided in Subsection (5)(b), an individual may not operate an unmanned aircraft system:
(5)(a)(i) from a public transit rail platform or station; or
(5)(a)(ii)
(5)(a)(ii)(A) under a height of 50 feet within a public transit fixed guideway right-of-way; and
(5)(a)(ii)(B) directly above any overhead electric lines used to power a public transit rail vehicle.
(5)(b) Subsection (5)(a) does not apply to:
(5)(b)(i) an individual employed or contracted by a large public transit district who may operate an unmanned aircraft from a public transit rail platform or station or near a public transit facility:
(5)(b)(i)(A) to examine the public transit right-of-way for impediments or obstructions;
(5)(b)(i)(B) to examine a public transit facility for safety concerns; or
(5)(b)(i)(C) for any other safety-related purpose related to the operations of a large public transit district; or
(5)(b)(ii) an individual who is a member of law enforcement operating an unmanned aircraft system in accordance with Section 72-10-802 .
(6)
(6)(a) An individual may not operate an unmanned aircraft over any surface critical infrastructure facility as defined in Section 76-6-106.3 , unless the operator of the unmanned aircraft has prior authorization from the facility.
(6)(b) Subsection (6)(a) does not apply to:
(6)(b)(i) a first responder, as that term is defined in Section 53-3-207 ; or
(6)(b)(ii) a state or federal agency with regulatory authority over the relevant critical infrastructure facility.
(7) An individual may not operate an unmanned aircraft in violation of a notice to airmen described in 14 C.F.R. § 107.47.
(8) Unless a waiver has been granted by the Federal Aviation Administration, an individual may not operate an unmanned aircraft at an altitude that is higher than 400 feet above ground level unless the unmanned aircraft:
(8)(a) is flown within a 400-foot radius of a structure; and
(8)(b) does not fly higher than 400 feet above the structure’s immediate uppermost limit.
(9)
(9)(a) An individual who violates this section is liable for any damages that may result from the violation.
(9)(b) A law enforcement officer shall issue a written warning to an individual who violates this section who has not previously received a written warning for a violation of this section.
(9)(c) Except as provided in Subsection (9)(d), an individual who violates this section after receiving a written warning for a previous violation of this section is guilty of an infraction.
(9)(d) An individual who violates this section is guilty of a class B misdemeanor for each conviction of a violation of this section after the individual is convicted of an infraction or a misdemeanor for a previous violation of this section.