2023 -- H 5420

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LC001331

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO AERONAUTICS -- UNPILOTED AERIAL VEHICLES

     Introduced By: Representatives Kennedy, Ackerman, and Azzinaro

     Date Introduced: February 08, 2023

     Referred To: House Corporations

     (RI Airport Corporation)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 1-8-1 of the General Laws in Chapter 1-8 entitled "Unpiloted Aerial

Vehicles" is hereby repealed.

     1-8-1. Exclusive aerial regulations.

     Subject to federal law, the state of Rhode Island and the Rhode Island airport corporation

shall have exclusive legal authority to regulate any object capable of flying that is remotely

controlled and flies autonomously through software-controlled flight plans embedded in the

object’s system by a global-position system, commonly known as unpiloted aerial vehicles,

remotely piloted aircraft, drones, or unmanned aircraft systems.

     SECTION 2. Chapter 1-8 of the General Laws entitled "Unpiloted Aerial Vehicles" is

hereby amended by adding thereto the following sections:

     1-8-1.1. Definitions.

     When used in this chapter:

     (1) "Unpiloted aircraft systems" or "UAS" means an unpiloted aerial vehicle and associated

elements and support equipment required for the safe and efficient operation of the UAV.

     (2) "Unpiloted aerial vehicle" or "UAV" means a powered aerial vehicle that:

     (i) Does not carry a human operator and is operated without the possibility of direct human

intervention from within or on the aircraft;

     (ii) Uses aerodynamic forces to provide vehicle lift;

     (iii) Can fly autonomously or be piloted remotely;

     (iv) Weighs less than fifty-five pounds (55 lbs.).

     (3) "Municipality" means any city. town or incorporated village within the state.

     (4) "Operate" or "operation" means to fly, pilot, control, direct or program the flight of an

unpiloted aircraft system.

     1-8-1.2. Regulation of unpiloted aircraft systems.

     (a) Any operation of a UAV or UAS in the state shall comply with all applicable Federal

Aviation Administration ("FAA") requirements. Any UAV or UAS operating under the authority

of the Armed Forces of the United States, Department of Homeland Services or any other federal

agency having authority shall be exempt from this law.

     (b) Any person who operates a UAV or UAS in violation of this chapter shall be subject to

penalty in accordance with § 1-4-19.

     (c) No municipality shall enact or enforce any ordinance regulating the operation of UAVs

or UASs except as otherwise authorized by regulation or guideline promulgated by the Federal

Aviation Administration or the Rhode Island general laws.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AERONAUTICS -- UNPILOTED AERIAL VEHICLES

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     This act would provide for the regulation of unpiloted aircraft systems in accordance with

Federal Aviation Administration (FAA) requirements.

     This act would take effect upon passage.

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LC001331

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