The Fundamentals of Kansas Drone Laws
The importance of understanding and abiding by local drone laws cannot be understated, especially in the wake of the recently introduced Kansas HB 2093 Bill which has had some debate surrounding its legality when pitted against federal preemption. If the bill passes without amendment it could mean significant consequences for drone operators in parts of Kansas. It is therefore crucial, at this time, to have a clear understanding of the particulars pertaining to Kansas drone regulations.
All laws pertaining to Kansas drone regulations are subject to Kansas preemption analysis, a legal term commonly used in law that refers to the process of one legal authority taking precedence over another, which would likely be required in any civil or criminal action in Kansas if filed under either Kansas statute for Trespass by Drone or Stalking by Drone.
As stated in the Kansas State Legislature website, there are currently two proposed bills that would affect drone operation in Kansas: HB 2093, which was referred to committee with amendments in the House Committee on Federal and State Affairs, and HB 2227, which is currently in committee but has not yet undergone any revisions. Both bills would amend current laws that govern drone use.
KRS 21-4307, the Stalking by Drone law, is a felony offense defined under Kansas state law as "knowingly tracking or tracing a person with a drone without a legal purpose and without that person’s consent for the purpose of committing any act defined as stalking." The penalty for a first-time felony offense conviction is a class B or non-person felony (if classified as non-person felony, then this may be penalty great than the former) with a possible three hundred and sixty-five day imprisonment period or a fine "not to exceed $100,000" (In the prior version, the fine could not exceed $15,000), or both .
KRS 21-4306, the Trespass by Drone law, is a misdemeanor offense under Kansas state law defined as "the unlawful use of a drone over another’s property and within the immediate airspace of that person’s private property without the express consent of that person." This can occur when a person flies a drone over another person’s property without permission and that person below the drone makes a private property claim. It is classified as a class A misdemeanor, which is the highest class of misdemeanor charges in the state of Kansas; however a prior version of the law classifies it as a class B misdemeanor which carries a drastically lower penalty.
Kansas drone laws are an example of a move toward more restrictive drone regulations on the state level. Current Kansas drone laws have made no distinction between recreational and commercial drone operators, meaning all drone use is subject to these laws regardless of whether it’s done recreationally or commercially.
It is also important to note that Kansas drone laws have not yet undergone any sort of constitutional challenge in court. The U.S. Supreme Court has gone on record ruling that private property does not extend indefinitely into the sky above a person’s home (California v. Ciraolo, 476 U.S. 207 (1986)). Under the Kansas Drone Laws, private property "extends to the immediate airspace." Therefore, the application of these laws may end up being scrutinized.
With local Kansas drone laws coming into play (and proposed changes to Kansas drone law) it’s more important than ever for drone operators to be well-acquainted with both Kansas drone laws and the federal drone laws set forth by the FAA.
Do I Need to Register My Drone in Kansas?
As of December 12, 2015, all drones weighing more than 0.55 pounds or 250 grams must be registered with the FAA. There is no exception based on whether the drone is for recreational or commercial use. Drone registration is done online by creating an account on the FAA website—there is no fee to register the drone. You do need access to a credit card to pay the $5 registration fee, but you will receive a $5 rebate on your registration fee after signing up for the "Know Before You Fly" educational course. Multiple drones can be listed under a single account, but the drones have to be referenced by a unique serial number.
For recreational users, the registration includes the serial number of the drone, the pilot’s physical address and email address. Private companies are also permitted to register for brokers or employees who will be flying the unmanned aerial vehicle (UAV) on behalf of their company. The name of the company must be registered with the FAA, and the registration does not provide sufficient documentation for Section 333 Exemption or Certificate of Authorization (COA) requirements.
Commercial users must provide the Federal Aviation Administration (FAA) with the U.S. ground address of their principle place of business, the location where the drone will be used, and the location of the UAV’s regional office. This ground address does not have to be in the state where the drone will be operated. Registrants will be issued a certificate of waiver, which they must carry while operating the drone.
Unmanned aircrafts in Kansas must be registered with the FAA as unmanned aircraft systems weighing more than 0.55 pounds. The Kansas law did not change the registration requirements set by the FAA.
Recreational vs Commercial Drone Operations
It’s important to differentiate between recreational and commercial drone use under Kansas law. Virtually anyone can fly a drone as long as the operation is strictly recreational. However, if you’re using a drone for business purposes or for your line of work, you need authorization from the Federal Aviation Administration (FAA) in the form of a Part 107 Waiver.
The FAA enacted Part 107 in 2016, which cumulatively made it much easier and safer to fly small drones for commercial purposes. It also aligned commercial drone laws with aviation laws, making it illegal to fly a small drone without a Remote Pilot Certificate issued by the FAA. While a Remote Pilot Certificate is no longer as arduous to obtain as a pilot’s license, it still takes time and effort to pass the test, so not just anybody can fly commercially. If you’re a registered Kansas drone operator looking to fly a small unmanned aircraft for commercial purposes of any kind, you’ll require this authorizing certificate. You also need a Remote Pilot Certificate if you plan to fly over people, at night, or beyond visual line of sight (to name a few). Though Kansas drone laws under K.S.A. 3 7-5045 are fairly flexible for hobbyists, you must abide by the federal drone regulations as previously discussed, regardless of whether you’re flying recreationally or commercially. Above all, you should ensure that your hobbyist drone flights are low-to-the-ground (<400") so that the FAA does not classify you as a commercial flyer, thus requiring your Part 107 Waiver. In addition to federal drone laws, you must also comply with Kansas drone laws such as K.S.A. 3 7-5047 which prevent drone pilots (regardless of the purpose of their flight) from interfering with, or otherwise causing unsafe situations for, people and property below: Furthermore, if your drone has a camera or other recording equipment on-board, Kansas state law K.S.A. 3 7-5047 makes it a misdemeanor to "intentionally photograph, surveil, observe or record another person in a private place . . . [or] a private area;" as though no part of the person’s body was observed or recorded. The law goes on to say that such an action is a felony if it is done for commercial purposes, which could implicate your commercial liability and insurance.
Where Can You Not Fly a Drone in Kansas?
In addition to the FAA regulations, drone pilots in Kansas must also navigate a variety of restricted airspace regulations. These restricted airspaces may result from nearby airports or military facilities. Unfortunately for Kansas drone piloted, there is another highly restricted airspace due to a nearby national park.
There are two national parks in Kansas: Fort Larned National Historic Site and Tallgrass Prairie National Preserve. Due to the ecological and historical sensitivity of these sites, they are highly restricted airspaces. The FAA prohibits any drone operations over these locations without advanced authorization.
In addition to national parks, any drone operations near an airport will require special authorization from the FAA. Kansas has many airports within its borders. The location of these airports are visible on FAA maps (Towers in Red and Blue; Regional Airports in Pink). If your flightpath will take you within 3 miles of these airports, you will be required to receive special authorization to conduct a drone operation.
Following the same rules as the national parks, Kansas drone pilots must apply for authorization prior to flying within 0.5 nautical miles of these airports.
Drone Operations & Privacy Laws
The Kansas Code of Civil Procedure, Section 60-30a, provides that it is a civil tort "to intentionally use an unmanned aircraft in such manner that constitutes a physical invasion of the air space which the other person either (1) occupies or (2) legally owns," or "to intentionally record, obtain or possess any image or data of or pertaining to the other person" by or with an unmanned aircraft, subject to certain exceptions. Excluded from the definition of "unmanned aircraft" are model aircraft as defined under federal law, or "any unmanned aircraft that is being operated for the purpose of collecting evidence, conducting surveillance or intelligence activities and is being operated by or at the direction of a government agency acting in its official capacity."
The physical invasion is considered a trespass and is therefore a matter of private law handled by the courts, and a drone operator can be liable for damages. That means a person who operates a drone and flies into the property of another person, or even takes pictures over their house, and that person catches you and complains, you may want to think twice before continuing your operations, or at least make sure you have insurance coverage .
Remote piloted aircraft operations cannot avail themselves of what is broadly defined as the "journalistic exception": "(A) to gather information for a journalistic purpose or (B) in the public interest," because such purposes should not involve physical or technological trespass or invasion of privacy.
The Kansas Offense Code Section 21-3832 prohibits surveillance for harassment. This applies whether the images or recordings are made intentionally or inadvertently. It is considered: "Unlawful use of an imaging device" means knowingly using an imaging device to secretly, stealthily, or without the consent of the person being observed, either (1) observe with an imaging device a person engaged in a place where that person has a reasonable expectation of privacy, or (2) record, capture, store, or transmit by any means, including the storage media provided by an imaging device, an image of a person or the sound of a person’s voice when the person has a reasonable expectation of privacy.
The law may also apply if the image or recording is made "with the intent to use that image or recording to commit a crime against that person." Thus, even if you intend on using the image or recording for legitimate purposes, if that image or recording was made, even inadvertently, while deliberately intruding, even unintentionally, on a private space where the person has a reasonable expectation of privacy, you still are not in the clear.
Kansas Drone Law Violation Penalties
When it comes to penalties for violating Kansas drone laws, the level of severity will depend on the nature and severity of the violation. For minor infractions, such as not having the proper registration on your drone, a drone operator will most likely incur simple fines of $25-$30 for the violation of the law. However, when the violation has more of an impact on the safety and security of the individuals, community, and/or the airspace above Kansas, the penalty for the violation can become more severe, and may even result in criminal charges in more serious instances.
According to Kansas Statutes § 21-3722, if you knowingly and intentionally act in a way that could reasonably be presumed to pose a threat to the safety and security of the airspace or the individuals in the vicinity of the drone, such as hindering lawful military operations or threatening individuals with ulterior motives, you may be charged with aggravated trespass. This also includes any violation of Federal Aviation Administration rules, regulations, or orders when flying your drone. Should you knowingly violate FAA rules or regulations, you may be charged with a class "A" misdemeanor, which could result in a fine between $500-$2,500, or you could face a year of imprisonment. Your punishment will depend on a variety of factors in the case, but even a simple fine can be severe enough to deter an unregistered drone operator from ever flying without the proper credentials again. Serious offenders could be charged with federal crimes, which are then subject to federal law.
If you are found to be operating your drone in a way that is considered more dangerous, such as using your drone to cause a crash on property, you could be charged with aggravated assault and battery. The punishment for aggravated battery in Kansas is between one year and 522 months of imprisonment, with the terms of the imprisonment dependent on the severity of the position on the grid. As is stated in section (2)(A) of the statute, the grid reads as follows:
(A) If the bodily harm is done with reckless indifference to the rights of others, the offender may be imprisoned in the custody of the Secretary of Corrections for a term which shall be fixed by the court of not less than one year nor more than 17 years; and
(B) If the bodily harm is done knowingly or intentionally, the offender may be imprisoned in the custody of the secretary of corrections for a term which shall be fixed by the court at not less than five years nor more than 522 months.
Now that you have a better understanding of the possible ramifications for violating Kansas drone laws, make sure you are set up for success when flying your drone in the state. Get registered, educated, and understand the regulations to avoid becoming a victim of unwarranted punishment.
Keeping Up With Kansas Drone Laws
Like most laws in the U.S. that regulate technology, drone law is fluid and developing. This is an area where many people, including attorneys, have difficulty staying on top of changes. Not only are drones new to the legal spectrum, they bring with them a multitude of issues that other areas of law have not yet touched. Tracking all the ways drone operations can be affected by municipal, national, and international regulations can feel overwhelming when trying to keep up with the technology as it evolves.
Although it is difficult, it is important, both for legal reasons as an operator and as a business owner. Finding a trusted, regularly-updated source for relevant laws and regulations will help you avoid unnecessary legal complications or issues. This will not only save you time and money, but will also ensure that you continue operations with peace of mind. You won’t have to worry about whether you are complying with the state laws on unlicensed drone operations or whether the FAA’s rules about more advanced commercial drone use may be changed in the near future.
Fortunately, there are a number of resources available to help operators stay up-to-date and informed. The two main places to look are government-run websites and private sector news outlets . Both the FAA and the Kansas Department of Transportation have extensive online knowledge bases about any changes to laws and regulations affecting drone use. The FAA posts updates and news about drone regulations on their official website, and addresses new issues in a variety of formats, including various publications like their "Interpreter’s Guide" or NPRMs (Notice of Proposed Rule-Making). Presumably, these updates would be fairly official and formal, so they would provide the most accurate, regulatory-based information about what rules and regulations currently apply to drone operations. The Kansas Department of Transportation also has a frequently-updated resource center that includes several links to various drone-related websites. These may include links to news and information about drone operations, laws, and safety. From this resource center, you can also quickly access general information on transportation laws and regulations in Kansas, whether they involve unmanned aircraft or not. In addition to these government-based resources, there is an ever-expanding selection of privately-owned websites and blogs dedicated to covering new developments in the field of drone law and regulation. Many websites do a good job of providing information about relevant laws, and some even offer email subscriptions or alerts that will notify you whenever relevant content is published.