Pennsylvania Drone Laws

With the rise in popularity of unmanned aircraft, also called drones, states all over the US are tightening restrictions on aircraft laws in order to protect public safety and privacy. Pennsylvania is no different, but so long as you stick to the rules you’ll be up in the air in no time. Follow this handy guide to drone laws in Pennsylvania that includes all of the federal, state, and local laws you need to be aware of.

State Drone Laws

State drown laws apply to everyone within the state of Pennsylvania, regardless of whether you’re a resident or visitor. These laws were drafted and put into motion by the Pennsylvania General Assembly.

State Park Restrictions on Unmanned Aerial Systems (UAS) and Drones Use

The Pennsylvania Department of Conservation and Natural Resources (DNCR) have implemented a strict drone policy that regulates where drones are allowed within state parks and how they’re to be used. Currently, drones are only allowed at the following parks: Tuscarora State Park, Hillman State Park, Benjamin Rush State Park, Lackawanna State Park, Prompton State Park, and Beltzville State Park.

Even so, drone operators must still contact the relevant park office to let them know they plan on flying there and to comply with the park’s rules.

Consolidated Statute Title 18, Section 3505

The purpose of this law is to protect people’s privacy but it makes some exceptions for law enforcement, first responders, government employees, and utility company employees. Section 3505 makes it illegal to use an unmanned aircraft to snoop on another person in a private place. It also makes it unlawful to use a drone to deliver or transmit contraband or to fly a drone in a reckless way that possibly endangers someone else or makes them fear bodily injury.

Consolidated Statute Title 53, Section 305

This statute was recently added as a preliminary provision policy to the laws outlined in Title 18 Sec. 3505. It states that these provisions will supercede any rules, ordinances, or enactments created by local municipalities that has to do with UAV ownership and operation. Municipalities also aren’t allowed to regulate drone ownership or operation unless the state authorizes them to do so.

Act 78 of 2018 (HB 1346)

This law makes some amendments to both Titles 18 and 53 listed above, by adding clarifications and stronger criminal penalties for the unlawful use of unmanned aircraft.

Local Drone Laws

Normally, these laws are created by various authorities within the state, and each law applies to a different county, city, or region. However, Pennsylvania currently doesn’t have any local drone laws due to the state title mentioned above (Consolidated Statute Title 53, Section 305). Because of this, no county, municipality, city, or borough in Pennsylvania is allowed to regulate drone ownership or operation.

This may change in the future, but for now, all you need to be concerned about when flying your drone in Pennsylvania are the state and federal regulations.

Federal Drone Laws

The Federal Aviation Administration is the official body that governs airspace and all aspects of civil aviation in the US. This agency is in charge of creating and upholding regulations regarding unmanned aircraft vehicles (UAVs).

The FAA puts drone users into one of two categories: recreational fliers and commercial fliers and while there are many overlapping rules, there are also some different rules between the two. It requires that any drone that weighs between 0.55 lbs and 55 lbs (whether used for commercial or recreational purposes) has to be registered with the agency. When you register, you will need to register as either a recreational or commercial drone owner. Here are the federal laws that concern both designations.

FAA Regulation 14 CFR Parts 1, 45, 47, 48, 91, and 375

This is the federal regulation that requires drone registration. It also requires that all UAVs are marked before drone owners are allowed to fly them. Registration happens on the FAA website and requires some extra steps for commercial drone operators (more on that below) but recreational fliers won’t avoid the red tape for much longer. The FAA is planning on adding another rule that will require recreational drone operators pass an online aeronautical knowledge and safety test as well.

FAA Reauthorization Act of 2018

This act gives the FAA the power to regulate how and where people are allowed to fly their drones. While most of the rules here also apply to commercial fliers, these area mainly geared towards recreational fliers. Here are some of the rules that you should know about:

• Drones should be operated in accordance with community-based guidelines.
• Keep the drone within eyesight at all times.
• Drones should be flown during daylight hours, unless the UAV has adequate lighting equipped. That exception doesn’t apply to commercial drones.
• Drones aren’t allowed to be flown higher than 400 feet, or go faster than 100 miles per hour.
• Don’t interfere with emergency services or law enforcement activities.
• Drones have to yield right of way to other aircraft.
• Don’t fly directly over people or moving vehicles.
• Don’t fly in a reckless manner that endangers others.
• Don’t fly while under the influence.

This isn’t the full list of rules set out by the FAA, so make sure to visit their website for more information. The other important rule that you need to keep in ind is that drones are only allowed in uncontrolled (Class G) airspace and you should stick to designated drone zones. Those who want to fly their drones in controlled airspace need to get permission from the FAA first.

Aircraft Rule Part 107 (for Commercial UAV Operators)

Commercial drone owners need to get a drone pilot certification in addition to registering their drone. It also restricts the weight of unmanned aircraft to 55 pounds even when they’re carrying loads. Among other things, Part 107 limits commercial drone activity to daylight hours, operators have to be at least 16 years old, and the drone has to be in visual line of sight of the operator or observers at all times.

This law also has a few more important rules that you should be aware of, including that the operator has to be vetted by the Transportation Security Administration and has to conduct a pre-flight check before every flight. Take a look at the link above for the full list of rules and regulations.