Drone Use in Muskogee: A Growing Area of the Law
There is no doubt that drone use for leisure is growing everywhere, including Muskogee. Drones can go places that people cannot. They can take pictures and video footage of the area they cover. As such, federal, state, and local laws were enacted to balance the desire for pleasure and sport against the need to protect privacy. This article provided information about some of these laws to enable you to legally and safely enjoy your drones.
Oklahoma Law
Oklahoma’s Unmanned Aircraft Systems Development Act governs the use of drones. (Okla. Stat. tit. 3 § 8-103.) The law covers drone operations, including registration, restrictions, privacy concerns, and enforcement measures.
Drone owners and operators must register their drones with the Oklahoma Aeronautics Commission, unless the drone is exempted by federal law or regulation. In addition, they must comply with airspace restrictions and regulations set by the Federal Aviation Administration (FAA) regarding altitude limits, flight paths, and prohibited areas such as airports, military installations, and national parks.
Hobbyists, educational institutions, and recreational drone users must follow safety guidelines and best practices for drone operation, including avoiding restricted airspace, maintaining visual line of sight, and flying responsibly to avoid hazards or interference with other aircraft.
The law allows law enforcement agencies, fire departments, and other emergency responders to use drones for official purposes such as search and rescue operations, disaster response, and public safety activities. However, such uses must comply with federal regulations and guidelines.
The law also permits the use of drones for agricultural purposes, such as crop monitoring, soil analysis, and aerial surveys. It also allows commercial drone operations, subject to FAA regulations and any additional requirements or permits as specified by state or local authorities. Penalties for violations of this Oklahoma law include fines, sanctions, or other legal consequences.
Federal Aviation Administration Laws
The FAA also has laws that affect drone ownership and use. All drones that weigh more than 0.55 pounds (250 grams) must be registered with the Federal Aviation Administration (FAA) before they can be flown outdoors. Drones must be flown below 400 feet above ground level in uncontrolled airspace and within the operator’s line of sight, unless authorized by the FAA. They must also stay away from restricted areas such as airports, military installations, and national parks. Individuals operating drones for commercial purposes must hold a Remote Pilot Certificate issued by the FAA. This requires passing an aeronautical knowledge test and undergoing a background check.
Privacy Laws and Other Concerns
Oklahoma law prohibits the use of drones for the purpose of conducting surveillance of private property without the consent of the property owner, subject to certain exceptions. In particular, one cannot use a drone as a “Peeping Tom.” (Okla. Stat. tit. 21 § 1171) Oklahoma law prohibits the use of drones to be used for the purpose of secretly or unlawfully observing, photographing, recording, or transmitting visual images of another person without their consent in a private place where they have a reasonable expectation of privacy. The law defines a “private place” as any location where a person has a reasonable expectation of privacy, such as their home, a private residence, a hotel room, a dressing room, a bathroom, or any other place where a person would reasonably expect not to be observed or recorded. Violations can result in criminal charges. Use of a drone pursuant to a valid search warrant or court order is lawful however.
Protection of Critical Infrastructure
Oklahoma law protects critical infrastructure facilities from unauthorized intrusion, interference, or damage from drone use. (Protection of Critical Infrastructure: Okla. Stat. tit. 17 § 160.12.) This infrastructure refers to systems, facilities, and assets that are essential for the functioning of society and the economy and includes such things as:
- Energy infrastructure (power plants, electrical grids, pipelines),
- Transportation systems (airports, ports, railways, highways),
- Communication networks (telecommunications, internet infrastructure),
- Water and wastewater systems,
- Healthcare facilities,
- Financial institutions, and
- Government facilities.
Violation of the Protection of Critical Infrastructure statute is a criminal offense in Oklahoma. Individuals who engage in unauthorized activities targeting critical infrastructure may face criminal charges, fines, imprisonment, or other legal consequences as determined by the court.
It’s important for drone operators in Oklahoma to familiarize themselves with both federal and state regulations, obtain any required permits or certifications, and follow best practices for safe and legal drone use. Violating drone laws and regulations can result in penalties, fines, and other legal consequences. For specific legal advice and guidance regarding drone use in Oklahoma, you should consult with a Muskogee criminal law attorney.
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