West Virginia Drone Laws

West Virginia State Drone Laws:

These laws are enforced on the entire state of West Virginia. They fall under the jurisdiction of West Virginia Department of Transportation and West Virginia Legislature. Currently, there are three state wide drone laws in West Virginia.

HB 3005 // 2018

The following points are included in this law (1):

Using an unmanned aircraft system for the purposes of stalking a person without their permission is strictly prohibited.
Using an unmanned aircraft system to violate a restraining order is strictly prohibited.
Using an unmanned aircraft system to take pictures and videos of a person without their permission is strictly prohibited.
Operating an unmanned aircraft system for the purposes of harassing someone is not allowed.

HB 2515 // 2015

According to this law, using unmanned aircraft system for the purpose of hunting animals is strictly prohibited (2).

HB 4607 //2018

According to this law, a special permit is required for operating an unmanned aircraft system within any state park in West Virginia. This permit is issued by the superintendent, along with a map of the park. This map highlights all the areas where drone operations are restricted (3).

West Virginia Local Drone Laws

These laws can only be implemented in specific counties, towns, cities, areas, etc. Presently, there are no local drone laws in West Virginia.

Federal Drone Laws

All the states of the US, including West Virginia, have to follow the federal drone laws which are implemented by the Federal Aviation Administration and the Federal government of the US. The drone operators have to obey certain laws based on the purpose of their drone operation i.e. commercial, recreational, or government operation.

For flying a drone as a recreational hobby:

If a person wants to operate an unmanned aircraft system for the purpose of recreation, then they have to follow the recreational aircraft rules which have been defined by the Federal Aviation Administration. Recreational drone operators also have to follow the Reauthorization Act of 2018. This act provides ample information about how they can operate their unmanned aircraft systems in the US. The following recreational drone rules must be followed:

Recreational drone operations must be restricted within Class G airspace. If a drone hobbyist wishes to operate an unmanned aircraft system in any other airspace, they need to obtain a permit from FAA.
It is mandatory to maintain an altitude of 400 feet or less.
It is necessary for drone operators to always ensure that the unmanned aircraft system is within their line of sight.
Registration of the drone is mandatory if it weighs more than 0.55 lbs.
Flying a drone above a person is not allowed unless the person consents to it.

For commercial operations of an unmanned aerial vehicle:

Commercial drone operators have to follow three primary drone laws:

The federal aviation administration has created a set of drone rules called the Part 107 rules. It is obligatory for all drone operators to learn and obey these laws.
It is also essential for commercial drone operators to obtain a remote pilot certification which is issued by the Federal Aviation Administration. For obtaining this certification, they will have to clear an aeronautical knowledge test. This test has a series of questions about various aspects of drone operations like radio communication, maintenance of drones, weather conditions, etc.
Getting the unmanned aircraft system registered with the Federal Aviation Administration is also a compulsion for commercial drone operators. This registration needs to be renewed after three years. The cost for this registration is around $5. The registration number also acts as a mark of identification for the drones as it is unique for every drone.

For Government operators:

There are two options available for government employees who want to operate an unmanned aircraft system in the US. They are allowed to operate under FAA’s Part 107 rules. They are also given the option to obtain a Certificate of Authorization from FAA. Here are some of FAA’s Part 107 rules that government employees have to obey:

Operations of unmanned aircraft systems cannot be conducted in restricted airspaces. Authorization must be obtained in order to operate in a restricted airspace.
Night operations of unmanned aircraft systems are very risky. Hence, they are restricted by the Federal Aviation Administration.
If a drone operator must operate an unmanned aircraft system at night, they need to acquire permission and install proper lights on their drone.
The height of the drone has to be kept below 400 feet.
It is mandatory to ensure the drone being operated is registered with the Federal Aviation Administration.
An Aeronautical Knowledge Test which is conducted by the Federal Aviation Administration must be cleared and a remote pilot certification must be obtained.

Drone Regulation Compliance Tips:

The following rules and regulations are accepted all over the world.

Provide remote ID for unmanned aircraft system

A new law has been set up which has made it mandatory for drone operators to have a remote ID if they wish to operate an unmanned aircraft system.

Never operate an unmanned aircraft system while being intoxicated:

Operating an unmanned aircraft system under the influence of alcohol or drugs is forbidden.

Never operate an unmanned aircraft system near an airport or manned aero planes:

The civil aviation authorities of most countries restrict drone operations near manned aircrafts and airports. This is because the risk of accidents increases with such drone operations.

Awareness about the Airspace Restrictions is essential:

One of the main laws to consider while operating an unmanned aircraft system is the airspace restriction. Drone operators have to ensure that they are operating their unmanned aircraft system within authorized airspace. Violating the airspace restrictions is considered a legal offense. (6)

Do not exceed the speed of 100 mph

The speed of the unmanned aircraft systems has to be controlled in order to ensure that they are not causing any harm to the public. This is why the speed limit of 100 mph has been fixed by the Federal Aviation Administration in the US, along with the civil aviation authorities of other countries as well. (7)