Arkansas Drone Laws
Looking to fly your drone in the state of Arkansas? Take a look at these regulations that you have to comply with first and make sure your flight takes off without a hitch.
The Arkansas Statute defines a UAS as any type of unmanned aircraft that is electrically powered. It’s important to know that this definition includes all model aircraft that can be either fully or partially remotely controlled.
Arkansas State Drone Laws
State laws apply to the entire state of Arkansas and are enforced by local government and law enforcement. These laws apply regardless of whether you’re a resident or visitor and failing to comply with any of them can lead to heavy fines or even jail time. Arkansas currently only has three state drone laws. According to the Arkansas state legislature, some these laws do not apply to emergency law enforcement or first responders.
You’re not allowed to spy on others.
House Bill 1349 or Act 293 was introduced in 2015 and it makes it illegal to knowingly use a drone for surveillance or for voyeurism, meaning to spy on anyone. It also makes it illegal to use a drone to take photos of or record anyone who has a reasonable expectation of privacy, like when they are on private property.
You aren’t allowed to take photos of or record critical infrastructure.
House Bill 1770 or Act 1019 was also introduced in 2015, and it makes it unlawful to knowingly use a drone to conduct surveillance of or gather any type of information about any critical infrastructure without consent from the structure’s owner. This includes taking photos and recording video or sound. Examples of the types of critical infrastructure in Arkansas include communication towers and communications facilities, electrical power generation/delivery systems, and petroleum refineries and storage facilities, among others.
This bill also makes it unlawful to use a drone to gather evidence about someone.
You need a permit to operate a drone in Arkansas State Parks.
As of 2014, you have to apply for a permit to be able to fly in any state park in Arkansas. While we couldn’t find any official documentation to support this statement, it is a well-known rule and you’re welcome to contact the Arkansas State Parks department for further clarification.
The Special Use Permit can be obtained from the office of the park director, but make sure you apply at least a week before you plan on flying as application processing can take a while. Also, note that it is nearly impossible to get a permit at certain parks and some park directors only hand out permits to commercial fliers.
Generally, you might be able to get around the rule by only taking off and landing outside of the park as this is a grey area in the rules. However, you’ll have to decide if you want to take that chance and face getting in trouble. These rules are actually based on federal law (Regulation 36 of the Code of Federal Regulations) which means that you could face a heavy fine for not sticking to them.
Arkansas Local Drone Laws
Local drone laws only apply to the specific location, county, or city they refer to and are enforced by local legislature and law enforcement. There are currently no local drone laws in Arkansas that we could find – although it is entirely possible that some local laws exist but weren’t uploaded onto any official directory that can be located. This may change at any time as well, since local laws are generally implemented faster than on a state or federal level.
This doesn’t mean you’re free to fly anywhere or in any manner either. Other local or state laws may still apply, depending on the situation, and local law enforcement may decide that you have violated a non-drone-related law and try you on that account instead. This could lead to either a fine or jail time, depending on the offense.
Also, even if a location like a city park, for instance, doesn’t have any specific drone rules in place, it might still be a good idea to call ahead and ask. That way, you have official permission to be there and you avoid any possible confrontation that might have occurred.
Federal Drone Laws
The Federal Aviation Administration is the main regulatory body you should be concerned about when you buy your first drone. The FAA creates and enforces all of the nationwide laws regarding drone flying and there is a list of rules that you need to comply with before and during your flight. Here are some of the most important ones you need to be aware of:
You have to register your drone before flying.
Every drone under 55 pounds has to be registered with the FAA and marked with the registration number before its first flight. Since most drones fall into this weight category, that means you’ll likely have to register your drone. You will also have to carry your certificate of registration with you when you’re flying. Luckily, this can be easily done on the FAA website.
Right off the bat you’ll have to make the important decision of deciding whether to register as a recreational drone operator or a commercial drone operator. Much as those names imply, a recreational flyer is someone that does it for fun and a commercial flyer is someone who uses a drone as part of their business.
Keep in mind that there are separate rules for these two classifications so be on the lookout for which rules apply to you at all times. For example, if you register as a commercial drone operator then you have to pass an aeronautical knowledge test and obtain your drone pilot licence.
Airspace around airports and above 400 feet is restricted.
To protect other air traffic, drone flyers are normally prohibited from flying within controlled airspace, which counts as the airspace around airports and above 400 feet anywhere else. The FAA does provide two ways to apply for permission to fly in controlled airspace – via the LAANC and DroneZone, although this is usually reserved for commercial flyers. Recreational operators tend to be limited to fixed sites that have an agreement with the FAA.
Commercial operators have to abide by Part 107 rules.
Part 107 sets out a list of rules that apply specifically to commercial flyers. Some of these rules, like having to fly during daylight hours or operation from a moving vehicle, are still possible, but you’ll need to apply for a waiver from the FAA.
