Nevada-State-FlagNevada’s drone flying law AB 239 includes drones in the definition of aircraft and regulates the operators of drones. It also prohibits the weaponization of drones and prohibits the use of drones within a certain distance of critical facilities and airports without permission. The bill specifies certain restrictions on the use of drones by law enforcement and public agencies and requires the creation of a registry of all drones operated by public agencies in the state.

Below is the summary of the Nevada drone flying law AB 239 given in the bill. To read text of the bill and search for drone flying laws in Nevada visit the Nevada Legislature.

Do not forget to always abide by the FAA regulations  no matter where you fly.

Do:

  • Fly your Drone below 400 FT
  • Fly with local clubs
  • Inspect your aircraft before you fly
  • Take a lesson before you fly

Don’t

  • Don’t fly your drone beyond line of sight
  • Don’t fly near airports or any manned aircraft
  • Don’t fly near people or stadiums
  • Don’t be careless or reckless, you could be fined if you endanger people or other aircraft
  • Don’t fly anything that weighs more than 55lbs.
  • Don’t fly for payment or commercial purposes unless specifically authorized by the FAA

 

AB 239

AN ACT relating to aircraft; regulating operators of unmanned aerial vehicles in this State; revising the definition of “aircraft” to include unmanned aerial vehicles; prohibiting the operation or use of an unmanned aerial vehicle under certain circumstances or for certain purposes; authorizing a law enforcement agency to operate an unmanned aerial vehicle at certain locations without a warrant under certain circumstances and for any other lawful purpose; prohibiting a law enforcement agency from operating an unmanned aerial vehicle without first obtaining a warrant under certain circumstances; authorizing a public agency to operate an unmanned aerial vehicle only under certain circumstances; requiring the Department of Public Safety, to the extent that money is available, to establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State; requiring the Department to report certain information to the Legislature with respect to the operation of unmanned aerial vehicles by public agencies in this State; requiring the Department to adopt regulations prescribing the public purposes for which a public agency may operate an unmanned aerial vehicle in this State; providing certain criminal and civil penalties for the unlawful operation or use of an unmanned aerial vehicle in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the regulation of aeronautics, including the operation of aircraft, in this State. (Title 44 of NRS) This bill revises the definition of “aircraft” to include unmanned aerial vehicles for the purpose of regulating unmanned aerial vehicles. This bill generally regulates the operators of unmanned aerial vehicles in this State in a manner similar to that of traditional aircraft by:

(1) establishing the right to operate an unmanned aerial vehicle in this State, with certain exceptions;

(2) clarifying that the provisions of this bill are not to be interpreted in a manner inconsistent with federal law or apply to unmanned aerial vehicles owned or operated by the Federal Government;

(3) clarifying the applicability of state law to torts and crimes resulting from the operation of unmanned aerial vehicles; and

(4) prohibiting a person from operating or using an unmanned aerial vehicle under certain circumstances or for certain purposes.

Section 18 of this bill prohibits a person from weaponizing an unmanned aerial vehicle.

Section 18.5 of this bill prohibits a person from operating an unmanned aerial vehicle within a certain distance from critical facilities or an airport except under certain circumstances in which the person obtains the consent of the owner of a critical facility or the airport authority of an airport or authorization from the Federal Aviation Administration.

Section 19 of this bill authorizes a person who owns or lawfully occupies real property to bring an action for trespass against the owner or operator of an unmanned aerial vehicle under certain circumstances and provides certain exceptions to bringing such an action.

Sections 20-22 of this bill prescribe certain restrictions on the operation and use of unmanned aerial vehicles by law enforcement agencies and public agencies.

Section 20 specifically prohibits, with limited exceptions, a law enforcement agency from operating an unmanned aerial vehicle for the purpose of gathering evidence or other information at any location or upon any property in this State at which a person has a reasonable expectation of privacy without first obtaining a warrant.

Section 20 authorizes a law enforcement agency to operate an unmanned aerial vehicle without a warrant:

(1) if exigent circumstances exist and there is probable cause to believe that a

person has committed, is committing or is about to commit a crime;

(2) if a person consents in writing to the activity;

(3) for the purpose of conducting search and rescue operations;

(4) if the law enforcement agency believes that an imminent threat exists to the life and safety of an individual person or to the public at large, including the threat of an act of terrorism; and (5) upon the declaration of a state of emergency or disaster by the Governor.

Section 21 authorizes a public agency, other than a law enforcement agency, to operate an unmanned aerial vehicle for certain public purposes as prescribed by regulations adopted by the Department of Public Safety if the public agency registers the unmanned aerial vehicle with the Department.

Sections 20 and 21 provide that any photograph, image, recording or other information acquired unlawfully by a law enforcement agency or public agency, or otherwise acquired in a manner inconsistent with section 20, and any evidence that is derived therefrom, is inadmissible in any judicial, administrative or other adjudicatory proceeding and may not be used to establish reasonable suspicion or probable cause as the basis for investigating or prosecuting a crime or offense.

 Section 22 requires the Department, to the extent that money is available for this purpose, to establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State and requires the Department to adopt regulations prescribing the public purposes for which an agency may operate an unmanned aerial vehicle.

Section 22 further requires the Department to prepare and submit an annual report to the Legislature outlining the activities of public agencies with respect to the operation of unmanned aerial vehicles in this State.

Section 24.4 of this bill revises provisions relating to the liability of the operator of an aircraft, including an unmanned aerial vehicle, with respect to the operation of the aircraft over heavily populated areas or public gatherings.

Section 24.8 of this bill prohibits a person from operating an unmanned aerial vehicle while intoxicated or in a careless or reckless manner so as to endanger the life or property of another person.