Utah House and Senate pass bill making it a Class B Misdemeanor to fly above 400 feet
#1
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Utah House and Senate pass bill making it a Class B Misdemeanor to fly above 400 feet
Today the House passed senate bill 111 which effectively destroys large/giant scale airplanes in Utah by limiting us to 400 feet agl. This makes it a class B misdemeanor for if violated (after 1 written warning and 1 infraction).
Almost all of my hangar is large scale warbirds... then of course the 3D community, the aerobatic guys, the sail plane guys... sheesh.. I don't even know what to say...
304 (7) An individual may not operate an unmanned aircraft at an altitude that is higher
[HR][/HR]305 than 400 feet above ground level unless the unmanned aircraft:
306 (a) is flown within a 400-foot radius of a structure; and
307 (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
308 (8) (a) An individual who violates this section is liable for any damages that may result
309 from the violation.
310 (b) A law enforcement officer shall issue a written warning to an individual who
311 violates this section who has not previously received a written warning for a violation of this
312 section.
313 (c) Except as provided in Subsection (8)(d), an individual who violates this section
314 after receiving a written warning for a previous violation of this section is guilty of an
315 infraction.
316 (d) An individual who violates this section is guilty of a class B misdemeanor for each
317 conviction of a violation of this section after the individual is convicted of an infraction or a
318 misdemeanor for a previous violation of this section.
Almost all of my hangar is large scale warbirds... then of course the 3D community, the aerobatic guys, the sail plane guys... sheesh.. I don't even know what to say...
304 (7) An individual may not operate an unmanned aircraft at an altitude that is higher
[HR][/HR]305 than 400 feet above ground level unless the unmanned aircraft:
306 (a) is flown within a 400-foot radius of a structure; and
307 (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
308 (8) (a) An individual who violates this section is liable for any damages that may result
309 from the violation.
310 (b) A law enforcement officer shall issue a written warning to an individual who
311 violates this section who has not previously received a written warning for a violation of this
312 section.
313 (c) Except as provided in Subsection (8)(d), an individual who violates this section
314 after receiving a written warning for a previous violation of this section is guilty of an
315 infraction.
316 (d) An individual who violates this section is guilty of a class B misdemeanor for each
317 conviction of a violation of this section after the individual is convicted of an infraction or a
318 misdemeanor for a previous violation of this section.
#3
Has nothing to do with any of that. It has to do with the fact that the FAA has set minimum altitudes that manned aircraft can fly and 400 feet is 100 feet below the minimum. This is another "Knee-Jerk" reaction to a problem that shouldn't have been a problem to begin with if the FAA, AMA and the elected officials had put their heads together and nipped the drone issue from the outset instead of waiting for the issue to snowball to what it is now
#4
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#6
That was my thought, how are the LEOs supposed to know how high an aircraft is flying while standing on the ground? Range, viewing angles and varying aircraft sizes are going to make this law pretty much unenforceable by anyone and I see a Utah state supreme court, if not the US supreme court, case as the only possible result when someone gets fined for violating this law, if signed by the governor
#9
Join Date: Mar 2012
Location: West Jordan,
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FYI - The Utah bill was just recently amended to change the wording so that it now isn't so hurtful to the hobbyist. The new wording states that to fly safe the operator must fly below the 400 foot threshold OR comply to locally supported safety guidelines.
"An individual who operates an unmanned aircraft system to fly an unmanned aircraft for recreational purposes shall comply with this section OR 14 C.F.R. Sec. 101"
In other words, If you are a member of a local club and/or AMA, you may use those guidelines for safe flying which includes a higher ceiling. If you are not a member of a local club or AMA then the state guidelines apply.
I was able to view a video of the senator when he introduced the amendment to allow the AMA rules and he came across very sheepishly and almost apologetically to the hobby community. He claimed it was an oversight. He also mentioned that the AMA was in agreement to this amendment. It sounded as though he had been contacted and that this contact prompted the change. It appears that the AMA got involved and helped correct a problem.
As of this writing the governor has not signed it. He probably will sign it because the bill also includes airport safety, law enforcement guidelines, voyeurism issues and unlawful recordings.
Happy flying above 400 feet.
KBP
"An individual who operates an unmanned aircraft system to fly an unmanned aircraft for recreational purposes shall comply with this section OR 14 C.F.R. Sec. 101"
In other words, If you are a member of a local club and/or AMA, you may use those guidelines for safe flying which includes a higher ceiling. If you are not a member of a local club or AMA then the state guidelines apply.
I was able to view a video of the senator when he introduced the amendment to allow the AMA rules and he came across very sheepishly and almost apologetically to the hobby community. He claimed it was an oversight. He also mentioned that the AMA was in agreement to this amendment. It sounded as though he had been contacted and that this contact prompted the change. It appears that the AMA got involved and helped correct a problem.
As of this writing the governor has not signed it. He probably will sign it because the bill also includes airport safety, law enforcement guidelines, voyeurism issues and unlawful recordings.
Happy flying above 400 feet.
KBP
#15
Why would Franklin be crushed? Someone did something RIGHT for a change, be it the AMA powers that be or the local flyers, which the later seems more likely. If the AMA HQ actually had a hand in this, it might be a sign that they are finally smelling the crap going on somewhere besides Muncie, considering they did nothing in PA or FL
#17
#18
They didn't commit resources for the PA club. Government affairs list of activities doesn't show any engagement in that locality. As for Orlando, they show contacting the council members once, and the mayor twice - 7 total contacts. That doesn't seem like much effort.
#20
Not only the up front costs, but the yearly recurring costs. And from experience, I can say that heating and cooling hangars, even in a mild climate, is anything but cheap. So they're signing the organization up for this at a time when revenue is declining? Even EVP says open adult memberships are down, senior memberships are down, and the conversion rate on those free youth memberships is "extremely low."
Increasing the money going out at a time when the money coming in is going down seems like a very bad idea.
#24
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Romancing the drones.
Anything short of retaining the flying priveleges (as we have known them) for its membership is a complete and utter FAIL!!!
Until our flying priveleges are safe, the AMA should not be sleeping or diverting their attention or our dues ANYWHERE else. Without our flying priveleges, there is no AMA.
Others may disagree, but this is one members' opinion.
Astro
Anything short of retaining the flying priveleges (as we have known them) for its membership is a complete and utter FAIL!!!
Until our flying priveleges are safe, the AMA should not be sleeping or diverting their attention or our dues ANYWHERE else. Without our flying priveleges, there is no AMA.
Others may disagree, but this is one members' opinion.
Astro