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Unmanned Aircraft System Defined; Preemption for Unmanned Aircraft Systems; Operations

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1. As used in this Code section, the term "unmanned aircraft system" means a powered, aerial vehicle that:
  1. Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
  2. Uses aerodynamic forces to provide vehicle lift;
  3. Can fly autonomously or be piloted remotely; and
  4. Can be expendable or recoverable.
2. Such term shall not include a satellite.
Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:
1. Enforce any ordinance that was adopted on or before April 1, 2017;
2. Adopt an ordinance that enforces Federal Aviation Administration restrictions; or
3. Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes.
The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property.

(Code 1981, §6-1-4, enacted by Ga. L. 2017, p. 758, § 1/HB 481.)

Cross references.

- Use of unmanned aircraft system to photograph or record incarceration facilities, § 42-5-18.

Law reviews.

- For annual survey on commercial transportation, see 69 Mercer L. Rev. 41 (2017). For annual survey on commercial transportation: a two-year survey, see 71 Mercer L. Rev. 39 (2019).

CHAPTER 2 REGULATION OF AERONAUTICS, AIRCRAFT, AND AIRPORTS GENERALLY

Sec.

6-2-1. Legislative intent.
6-2-2. "Airman" defined.
6-2-3. Effect of contractual and other legal relations entered into aboard aircraft while in flight over state.
6-2-4. Laws governing crimes committed aboard aircraft while in flight over state.
6-2-5. Lawful flight over lands and waters of state.
6-2-5.1. Operation or physical control of aircraft while under the influence of alcohol or drugs; penalty.
6-2-5.2. Homicide by aircraft.
6-2-6. Rules for determination of liability for injury to or death of passengers.
6-2-7. Rules for determination of liability of owners of aircraft for damages caused by collisions.
6-2-8. Proof of injury to persons or property on ground deemed prima-facie evidence of negligence.
6-2-9. Requirements as to licensing of aircraft.
6-2-10. Requirements as to licensing of pilots.
6-2-11. Possession and display of licenses.
6-2-12. Penalty for violation of provisions of chapter.

Cross references.

- Sale of distilled spirits, malt beverages, and wine by airline passenger carriers, §§ 3-9-1,3-9-2.

Administrative Rules and Regulations.

- Licensing of certain public airports, Official Compilation of Rules and Regulations of the State of Georgia, Rules of State Department of Transportation, Chapter 672-9.

JUDICIAL DECISIONS

Constitutionality of chapter.

- Chapter not void as violative of Georgia Constitution provision forbidding the levy of taxes by a county for any purpose other than education, building, and repairing public buildings and bridges. Swoger v. Glynn County, 179 Ga. 768, 177 S.E. 723 (1934).

Cited in Thrasher v. City of Atlanta, 178 Ga. 514, 173 S.E. 817 (1934).

RESEARCH REFERENCES

ALR.

- Air navigation, 69 A.L.R. 316.

Aeroplanes and aeronautics, 83 A.L.R. 333; 99 A.L.R. 173; 155 A.L.R. 1026.

Construction and effect of 49 U.S.C. § 1403 governing recordation of ownership, conveyances, and encumbrances on aircraft, 22 A.L.R.3d 1270.

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