The rules of the road might soon apply to drone pilots who take to the skies.
Legislation before Gov. Jerry Brown would require people who fly unmanned aerial vehicles to buy liability insurance, report hit-and-run accidents and keep away from emergency scenes.
The package of drone bills easily won approval in the Legislature, where lawmakers have previously tried to impose their own safety rules on the growing industry. Whether Brown will sign any of the measures is questionable, given previous vetoes of drone restrictions.
“We are very fortunate we haven’t had a loss of life as a result of improper use of drones,” Sen. Ted Gaines, R-Roseville, said during the floor debate. “In my view, it’s just a matter of time.”
Regulating drones remains a top priority for California lawmakers amid reports of firefighting air tankers grounded, a toddler injured playing in her backyard and residential homes without power after an electrical line was cut by a drone.
The bills before the governor are narrow in scope and primarily target hobbyist drone pilots — a recognition of ongoing federal rule-making efforts by the Federal Aviation Administration. If approved, however, the bills would establish additional rules for enthusiasts in California.
“If you have this patchwork of rules across the country, it could endanger the air space,” said Chad Budreau at the Academy of Model Aeronautics, which counts nearly 24,000 aviation enthusiasts in California. “If you have contradicting rules, it will complicate matters.”
Of concern to hobbyists is a requirement in AB 2724 that all drones outfitted with GPS also be equipped with a technology known as geofencing, which is intended to prevent a drone from operating in prohibited areas.
The problem is that technology isn’t always reliable, drone operators say. In a letter to Brown, AMA Executive Director Dave Mathewson noted that as the governor himself has “probably experienced with [his] cellphone, GPS technology is not foolproof and can lose signal.”
“Technology is a great tool, but it should not be the ultimate solution,” Budreau told Techwire in an interview. “Ultimately the pilot is responsible.”
The bill by Assemblymember Mike Gatto, D-Los Angeles, would also require drone operators to buy liability insurance beginning in 2020, which critics say could effectively ground drone enthusiasts because there isn’t enough data to calculate the risk and cost of a reasonable policy.
“Cost would be expected to be arbitrarily high as insurers would be unconfident as to what they are getting themselves into,” Sen. Jeff Stone, R-Temecula, argued on the Senate floor before the bill won final passage.
Organizations like the AMA offer up to $2.5 million of liability insurance to their members. But for those drone pilots who don’t have any coverage, lawmakers say they ought to carry a policy because drones have the potential to cause damage.
“Drones can create problems,” Sen. Hanna-Beth Jackson, D-Santa Barbara, argued on the Senate floor. “They are not simple little things that have no potential consequences."
Two bills sent to the governor would make it a misdemeanor to use a drone in a manner that impedes emergency personnel. Last year, Brown vetoed similar legislation, saying state law already covers the criminal conduct of interfering with police fire and EMTs.
Lawmakers disagree and said the law needs to specifically spell out the threat of drones in the state penal code.
“Drone technology has the potential to bring an entire emergency response operation to a standstill,” Assemblymember Freddie Rodriguez, D-Pomona, said on the Assembly floor. “The health and safety of the public is threatened anytime a first responder is stopped from acting quickly.”
His bill, AB 1680, and AB 2320 by Assemblymembers Ian Calderon, D-Whittier, and Evan Low, D-Campbell, would clarify the state penal code. The Calderon and Whittier bill also would make it a crime to use a drone that violates a protective order, constitutes stalking, or facilitates delivery of contraband into a jail or prison. Judges could also prohibit a sex offender from using a UAS.
AB 1662 by Assemblymember Ed Chau, D-Monterey Park, would require hobbyist drone operators to leave their name, address and valid ID if they hit and damage any property, as well as notify the police.
A measure by Assemblymember Chris Holden, D-Pasadena, AB 2148, would make it illegal for hobbyists to fly drones over state parks and wildlife areas without permission. It would also be illegal for drones to be used to scout and kill fish and wildlife.
Such a ban is needed, advocates say, because noisy drones have scared wildlife, sometimes disturbing nesting and breeding in state waters and at state parks.
A blanket ban of drones on state lands could shut out model aviation flyers who have been responsibly flying in some areas for decades, according to the AMA.
“We understand what California is trying to do to protect their citizens and resources,” Budreau said. “We don’t think it is fair for people who have been responsible to be penalized based on a few bad actors.”
