Georgia HB 44: Aviation; operation of unmanned aerial vehicles in certain areas; prohibit

Bill Text

15 LC 39 0818
H. B. 44
- 1 -
House Bill 44
By: Representative Smith of the 125
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the1
regulation of aeronautics, aircraft, and airports, so as to provide for definitions; to prohibit2
the operation of unmanned aerial vehicles in certain areas; to amend Code Section 51-9-9 of3
the Official Code of Georgia Annotated, relating to interference with property rights, so as4
to provide for an exception to the right of action; to provide for related matters; to repeal5
conflicting laws; and for other purposes. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of9
aeronautics, aircraft, and airports, is amended by revising Code Section 6-2-2, relating to10
definitions, as follows:11
"6-2-2.12
As used in this chapter, the term:13
(1) 'Airman' 'airman' means any individual who engages, as the person in command or14
as pilot, mechanic, or member of the crew, in the navigation of aircraft while underway;15
and any individual who is directly in charge of the inspection, maintenance, overhauling,16
or repair of aircraft, aircraft engines, propellers, or appliances; or any individual who17
serves in the capacity of aircraft dispatcher or air traffic control tower operator.18
(2) 'Drone' or 'unmanned aerial vehicle' means an aircraft without a human pilot aboard,19
flight of which is controlled either autonomously by onboard computers or by the remote20
control of a pilot on the ground or in another vehicle."21
SECTION 2.22
Said chapter is further amended by revising Code Section 6-2-5, relating to lawful flight over23
lands and waters of the state, as follows:24

15 LC 39 0818
H. B. 44
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"6-2-5.25
(a) Flight in aircraft over the lands and waters shall be lawful unless at such a low altitude26
as to interfere with the then existing reasonable use to which the land or water or space27
over the land or water is put by the owner of the land or water or unless so conducted as28
to be imminently dangerous to persons or property lawfully on the land or water beneath.29
(b) An unmanned aerial vehicle may not be operated at an altitude in excess of 500 feet30
above ground level.31
(c) An unmanned aerial vehicle may not be operated within the five mile horizontal radius32
of the geographic center of any airport in this state unless such operation is approved by33
the airport control tower or, in the case of an uncontrolled airport, the agency or authority34
in charge of the operation of such airport."35
SECTION 3.36
Code Section 51-9-9 of the Official Code of Georgia Annotated, relating to interference with37
rights of property owners above and below the surface of property, is amended as follows:38
"51-9-9.39
Notwithstanding subsections (b) and (c) of Code Section 6-2-5, the The owner of realty has40
title downwards and upwards indefinitely; and an unlawful interference with his or her41
rights, either below or above the surface, gives him or her a right of action."42
SECTION 4.43
All laws and parts of laws in conflict with this Act are repealed.44