January 13, 2016, Introduced by Senators NOFS, COLBECK and HORN and referred to the Committee on Transportation.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 3 (MCL 259.3), as amended by 2002 PA 35, and by
adding chapter VA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Balloon" means a lighter-than-air aircraft that is not
engine driven and that sustains flight through the use of either
gas buoyancy or an airborne heater.
(b) "Commercial activity or operations" means an activity or
operation
such as the sale of gasoline or oil, the soliciting or
engaging
in charter flying or flight instruction, the provision of
providing shelter or the tie-down of an aircraft, the overhaul or
repair of an aircraft or of engines, or other activity or operation
that offers aeronautic facilities or services to the public.
(c) "Commission" means the Michigan aeronautics commission.
(d) "Dealer" means a person engaged in the business of
purchasing, selling, brokering, exchanging, or dealing in aircraft
parts or in aircraft of a type required to be registered.
(e)
"Decal plate" means that the distinctive tab,
sticker,
decal, or plate issued by the commission with the registration
certificate for an aircraft.
(f) "Department" means the state transportation department,
bureau of aeronautics.
(g) "Director" means the deputy director of the department,
bureau of aeronautics who is the director of the Michigan
aeronautics commission.
(h) "Drone" means an aircraft, or other flying device, that is
autonomous.
CHAPTER VA
REGULATION OF UNMANNED AERIAL VEHICLES
Sec. 95. As used in this chapter:
(a) "Class B, C, D, or E airspace" means airspace described as
class B under 14 CFR 71.41, as class C under 14 CFR 71.51, as class
D under 14 CFR 71.61, or as class E under 14 CFR 71.71.
(b) "Class G airspace" means that term as described in 14 CFR
part 71.
(c) "Immediate reaches above the surface of the property"
means that term as defined in section 40 of 1846 RS 66, MCL
554.140.
(d) "Operate" means to fly or cause to fly, including, but not
limited to, by remote control or programming.
Sec. 96. (1) A person shall not operate a drone above publicly
owned land unless:
(a) If the land is owned by the federal government, the
federal government passes a law that allows the operation and the
operation is in conformity with the law.
(b) If the land is owned by the state government, the state
government passes a law that allows the operation and the operation
is in conformity with the law.
(c) If the land is owned by another unit of government, the
unit of government adopts an ordinance that allows the operation
and the operation is in conformity with the ordinance.
(2) A person shall not operate a drone above publicly owned
land unless the operation complies with all of the following
restrictions:
(a) The operation is in class G airspace at an altitude that
does not exceed the immediate reaches above the surface of the
property.
(b) If the drone's flight is in class B, C, D, or E airspace,
the flight is with the required air traffic control permission.
(c) The drone weighs less than 55 pounds.
(d) The drone remains within the visual line of sight of the
operator or a visual observer.
(e) The drone remains close enough to the operator for the
operator to be capable of seeing the drone with vision unaided by
any device other than corrective lenses.
(f) The drone does not fly over any individuals who are not
directly involved in the operation of the drone.
(g) The drone only flies after the local sunrise and before
the local sunset.
(h) The drone yields the right-of-way to other aircraft,
manned or unmanned.
(i) The drone may, but is not required to, use a visual
observer.
(j) A first-person view camera may be used. However, the use
of a first-person view camera does not satisfy the see-and-avoid
requirement of 14 CFR 91.113(b), and the see-and-avoid requirement
must be satisfied in other ways.
(k) The drone does not exceed an airspeed of 100 miles per
hour.
(l) There is a minimum weather visibility of 3 miles from the
control station.
(m) An individual who is acting as an operator or visual
observer for the drone is not acting as an operator or visual
observer for another drone at the same time.
(n) The operation or flight of the drone is not careless or
reckless.
(o) The drone was inspected before it flew by the operator.
(p) The operator does not know or have reason to know that he
or she has a physical or mental condition that would interfere with
the safe operation of a drone.
Sec. 98. A unit of local government shall not adopt an
ordinance that prohibits the operation of drones above private land
in the unit of local government.
Sec. 99. (1) A unit of local government may adopt an ordinance
that provides reasonable restrictions on the operation of drones
above private land in the unit of local government that are
designed to protect the public safety.
(2) A unit of local government that adopts an ordinance under
subsection (1) shall adopt an ordinance that provides for the
licensing of persons who operate drones in the unit of local
government.
(3) A unit of local government may charge a fee for processing
and issuing a license under subsection (2). The fee must not exceed
the reasonable expenses of the unit of local government in
accepting, processing, and issuing the licenses and otherwise
administering the licensing program.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 699
of the 98th Legislature is enacted into law.