North Carolina Drone Laws

So, you’re in the market for a drone. You’ve seen enough to know you’d have a blast operating one. Maybe you’re looking to stack income with video footage.

If you’re considering owning a drone in North Carolina, you have to know the various rules the FAA has in place to control outdoor aerial adventures. Otherwise, you risk turning fun into risk!

 

Drones: For Money or For Fun

How the FFA regulations apply to you is dependent on the drone’s planned use. If your goal is to use the drone as a business tool, you need to pass a test and get your Part 107 certification. Only then can you legally use an unmanned aerial vehicle license (“UAV”). After, you’ll be able to capture aerial footage for weddings, work on film productions or do professional music videos.

If you’re looking to fly just for the adventure, there are a different set of regulations. To start, with any drone weighing more than 8.8 ounces, you have to register the drone for an FAA ID. It’s not expensive. It’ll run you about five bucks for a license that’s valid for three years.

Your FAA ID has to be visible on the exterior of your aircraft. You can use a label maker, printable sticker or scratch it in with your bowie knife. The good news is the license gives you the right to fly as many drones as you want.

Exception

Much like with a drone’s weight, not all drones require registration. But regardless of weight size, if you’re going commercial with a Part 107, you need to register.

 

Understanding Your Responsibilities

Regardless of registration or intent, you’re expected to know and follow the general rules of putting a drone in the air. If you’re caught not following these guidelines, there can be any number of penalties placed upon you.

  • Keep the drone in sight at all times
  • Fly no higher than 400 feet
  • Do not navigate over sports or stadiums events
  • Do not fly under the influence
  • Do not operate a UAV in restricted airspace
  • Do not fly over groups of people
  • Do not fly near airports or other aircraft
  • Do not fly over or near emergency response efforts, such as accidents and fires

These may be overall aviation rules, but they’re ground in common sense. Ultimately, that’s what drone flying requires, a common understanding of flying safely and protecting people and property.

 

Drone Laws: Federal

There are UAV laws and regulations that apply to all states set by the federal government. It’s important to follow federal laws closely. Disregarding these laws can result in hefty fines.

If you’re flying for commercial purposes, you must abide by the FAA’s Part 107 Small UAS Rule. You need to pass the Aeronautical Knowledge Test for a Remote Pilot Certificate.

If your plan’s to be a hobbyist, you still have to follow the recreational model aircraft rules which expounds and expands on the rules we listed above.

If you’re a government employee in North Carolina, you can operate under Part 107 or obtain a Certification of Authorization.

 

Drone Laws: State of North Carolina

Laws that apply specifically to the state of North Carolina were created by the North Carolina General Assembly. North Carolina was one of the first states to engineer a certification process for drones. The state has several laws regarding the use of drones in its airspace.

You can pinpoint no-fly regions using the FAA’s B4UFLY app or you can buy a drone that uses geofencing tools.

HB 337 (2017)

The HB 227 law lets flyers use their drones for emergency management. This can include area reconnaissance, incident command, search and rescue, hazard risk management, preliminary damage assessment and floodplain mapping.

The law also aligns state law with federal law, including exempting model aircraft used for training and permit requirements.

HB 128 (2017)

This law prohibits the flying of a drone in the vicinity of a correctional facility. The rule excludes individuals who have written consent from the warden or are operating in some official capacity.

NCAC 13B.1204 (2018)

This is an administrative code that prohibits drones from taking off or ascending within or upon any state park. Under specified limited conditions, drones can operation if the flyer’s obtained a unique activity permit from the park.

SB 446 (2015)

This law broadens the authority of North Carolina’s Chief Information Officer, allowing the approval of purchase and operation of unmanned aircraft systems (“UAS”) by the state. It also modifies state UAS regulations to conform with the guidelines of the FAA.

 

Drone Laws: Local

Laws can shift depending on where you are in North Carolina, created by varying authorities. Before you begin flying in any municipality in North Carolina, check out guidelines that apply to regions, counties or cities within the state. Never assume that the Town of Beech Mountain or the City of Kannapolis adheres to the exact same ordinances. They do not, and we can say that about many of North Carolina’s local authorities.

 

Contraband

At no time is anyone to use a drone to transport or deliver contraband. This includes, but is not limited to, drugs and weapons.

 

Definitions

You should familiarize yourself with how the state of North Carolina defines drones in specific.

Unmanned Aircraft

An aircraft is a device operated with human contact on or from within the device and does not mean the definition of a model aircraft.

Model Aircraft

The criteria for a model aircraft include its application being purely for recreational or hobby purposes.

Unmanned Aircraft System

The unmanned system includes communication links and elements utilized to manage unmanned aircraft.

 

Penalities

Failure to comply with these drone laws in North Carolina can lead to fines starting at $500 and can go beyond $1,000, depending on the circumstances.

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