The Basics of Oregon Drone Law
Oregon is one of the states where drone use has proliferated rapidly in recent years. In addition to the FAA’s federal regulations governing drone use, two state laws also have been passed that govern drone activities.
The Oregon Legislature enacted HB 4062 in 2014, which restricts the use of drones for hunting and fishing activities. Hunting or capturing wildlife or fish with a drone is a Class A misdemeanor, punishable by a fine of up to $6,250, one year in jail, or both. The law applies to not just the persons hunting or capturing the wildlife or fish, but also to the operator of any drone used in those operations. The law does not apply to the period between January 1 and May 1 of each year. The law contains an exception for a person who is capturing wildlife or fish for scientific research and is prohibited from releasing the animal to be captured at the taking site.
The Legislature also passed HB 2710 , amending the Oregon privacy statutes. The amendment puts restrictions on the use of drones to surveillance on private property. In relevant part, the amendment makes it a crime to trespass on private property to take photographs with a drone for commercial purposes. Using a drone to take photographs on private property for commercial purposes may subject the operator to civil liability as well. The law includes the commercial purpose of directly or indirectly selling or reselling the photographs, enlargements or other copies thereof. The law exempts operators who are authorized to engage in the conduct under federal or state law, including commercial photography and real estate brokerages. The law goes into effect January 1, 2016.
Operators of unmanned aerial vehicles should consult and understand the applicable laws that govern their particular aspect of drone usage. While the FAA has preempted many restrictions on drone operations, certain aspects of drone activity remain a matter of state law.
Comparison of Federal and State Drone Rules
The federal government has established a framework of rules for unmanned aerial systems which largely preempt any state drone laws. But that does not mean there are no state laws, only that they have a narrower application. When it comes to such state laws, there are laws in Oregon specific to drones as well as Oregon’s trespass laws being inadvertently applied to drone activities. While the Oregon laws certainly are valid for state law purposes, there have been a number of lawsuits filed that question whether such state drone laws are invalid under federal law because they attempt to regulate drone use in ways that are preempted by the FAA.
The FAA expressly preempts state and local governments from regulating drone operations in navigable airspace (i.e., airspace of at least 500 feet AGL). That means that state or local law cannot establish specific requirements for the operation of drones, including who can operate them and how and where they can be used.
The preemption doctrine invalidates any state or local law that either attempts to or has the practical effect of regulating drone flight. In this context, state law can regulate the use of drones only in ways that are consistent with the FAA’s regulations. For example, the FAA has primary jurisdiction over airspace, so a state law prohibiting flights below 400 feet AGL would be invalid as conflicting with federal regulation. Likewise, a state law requiring drone operators to obtain a license or pass a knowledge test before flying would be preempted, as would any law requiring drones to be registered or operated by a person with an FAA-issued remote pilot certificate.
In contrast, the federal government has little authority to regulate the land below 500 feet AGL — except to the extent those lands are federally owned or the activity on them is interstate or intrastate. The federal government has no regulatory jurisdiction over purely intrastate activities.
This means that states typically have broad authority to regulate drone use below 400 feet AGL. For example, states have enacted laws regulating the use of drones for voyeurism, combating wildfires, hunting, and similar activities. State laws prohibiting drones from flying over private property or limiting second-story views also have been introduced, although none have passed as of yet.
Oregon’s Drone Registration Requirements
Not all commercially operated drones must be registered, and exemptions may be available. You should check with your attorney or the FAA for advice specific to your operation.
If you are flying a drone that requires FAA registration, be aware that the FAA currently offers two drone-specific methods for registration: use the existing N-number general aircraft registration system or use the new Part 107 online system.
With the existing N-number registration system, you must register any drones "that are not more than 55 pounds." You will need to know the specific make and model of the drone you want to register, and the model number may even be printed on the drone’s exterior. Your registration number must be presented on the drone exterior in a clearly legible form, preferably vertical.
With the new Part 107 online system, "persons who own UAS weighing more than .55 pounds and less than 55 pounds" only need to register these drones, regardless of whether they fly it for commercial or hobbyist purposes. Prospective applicants fill out an online registration form, which is then cross-referenced with the FAA’s national database. The registration fee, collected through a credit-card transaction, is $5 (payable to the FAA). Drone owners issue the registration number on the drone exterior in a clearly legible form, preferably vertical.
In both cases, operators must renew their registration every three years, and any transaction fees paid are not refundable. While these fees are unlikely to create undue hardship for most commercial drone operators, keep them in mind, especially with larger drone fleets.
Keeping Safe When Operating Drones
If you own a drone and intend to fly it for any other reason than to be a hobbyist (in other words, for commercial purposes or for research purposes), you will need a Remote Pilot Certificate—and with that you will have to follow the restrictions of operating just like a commercial pilot. The FAA recently released a rule on small drone use that will cover you whether you are flying in Oregon or not. These rules apply to all drone flights, even if you are flying at a very small airport that does not have a control tower. Even if you have a commercial pilot’s license, it does not matter—you will now need to add a Remote Pilot Certificate to your list.
There are a few exemptions to the remote pilot rule. Specifically, if you are flying a drone for hobbyist purposes. Those who are hobbyist flyers may simply fly their drones as they have in the past, but must still follow the FAA’s Voluntary Safety Code. For commercial drone operations, you must follow all the new restrictions. With respect to the safe operating practices, your drone must be flown by a person holding a Remote Pilot Certificate. Drones must not fly higher than 400 feet above ground level (AGL). Drones may only be flown during daylight hours or when civil twilight is present. Drones must be flown within the visual line of sight of the pilot or a visual observer. You must yield right-of-way to manned aircraft. Your drone must be registered with the FAA before you can even start flying, and the registration number must be marked on the drone. You may only operate drones up to 55 pounds. Further, you must conduct a pre-flight checklist before each flight. Also, it is wise to develop a physically written flight plan before each flight so you can cautiously ensure that you are staying within the FAA’s restrictions.
The FAA’s rule also imposes flight restrictions or limitations. Drones cannot be flown over people (unless there is a waiver) or moving vehicles, and cannot be flown from a moving vehicle. You cannot carry anything that would impede the pilot’s ability to operate the drone safely. A drone cannot be flown within 5 miles of an airport, unless the pilot has permission (a waiver) from air traffic control. Further, you cannot fly a drone near children or animals, nor can you fly a drone from a moving vehicle in any way that would create a hazard to safety, health, or property.
Privacy and Ethical Issues
Despite the allure of using drones to shoot sprawling landscapes and dense residential neighborhoods from the sky, privacy laws continue to have a chilling effect on drone use.
Aside from a few mentions in the Oregon Constitution and the Oregon Revised Statutes, there is little to no communication about privacy when it comes to Oregon’s drone laws. However, a "Presumption of Privacy" does exist, and if drone operators want to avoid criminal prosecution, they should start from there. In fact, drone press operator Jonathan Rubeis pressed that this Presumption of Privacy exists in all but "densely populated areas" as mentioned in the Oregon Constitution.
The pertinent sections of the Oregon Constitution include:
"Article I section 9 [of the Oregon Constitution] is a right-to-privacy provision" and "provides more protection to an individual’s interest in privacy than the Fourth Amendment to the United States Constitution." State v. Brown, 298 Or 405, 409, 692 P2d 592 (1984).
"[T]he state constitution limits the power of government to intrude into areas where individuals have a subjective expectation of privacy that society is prepared to recognize as reasonable." State v. Campbell, 285 Or 147, 161, 594 P2d 387 (1979).
"The ‘intrusion’ to which Article I, section 9 is directed…need not be forceable or physical." State v. Campbell, 285 Or 147, 162, 594 P2d 387 (1979), State v. Siebert, 339 Or 392, 417, 122 P3d 1 (2005).
The closest Oregon statute affecting drones relates to "invasions of privacy" namely, therein which states:
"(1) A person commits the crime of invasion of personal privacy if, for the purpose of arousing or gratifying sexual desire, or for another unlawful purpose, the person:
(a) Takes a photograph, makes an audio recording or otherwise surveils a person’s intimate area while the person is in a place that is designated to provide privacy to a person, without the consent of the other person;
(b) Takes a photograph, makes an audio recording or otherwise surveils a person’s intimate area while the person is in a location that is not otherwise private or that the person making the photograph, audio recording or surveillance has consent to enter or be in, if the person is with knowledge or with reckless disregard as to whether the person being photographed, recorded or surveilled is in a state of undress; or
(c) Uses any device for secret surveillance, intending to subject the person being surveilled to prying into or peeping into the intimate area of the person in a place that is designated to provide privacy to a person, without the consent of the other person . "
In addition to the presumption of privacy in the Oregon Constitution, many cities in Oregon created laws directly affecting drone use.
"(1)(a) A person commits the offense of Disorderly Use of Drones if the person knowingly, intentionally, or recklessly uses a drone to record and image or collect and audio of a person, without that person’s consent while the person is nude, partially nude, or "in a state of undress" in a place or manner in which that person has a reasonable expectation of privacy.
(b) "in a state of undress" means that the person is:
(A) Barefoot;
(B) Lacking a shirt or top covering; or
(C) Lacking a covering for the lower half of the body such as shorts, jeans, or pants."
Memorial Coliseum (Oregon) Circulating Aerial Surveillance Rule states that "No person shall use a drone at Memorial Coliseum, except a drone operated by the Arena Operator for purposes of facility maintenance, advertising general surveillance, inspection testing, education and training, and any other legitimate business purpose as determined by the Arena Operator…."
City of Tualatin Drone use Policy in Parks and Natural Areas states that "It is unlawful for any person, company, or corporation to operate remote-controlled aircraft at any City of Tualatin park or natural area except in accordance with the limitations stated in subsections (A) through (E) of this section. The limitations of this section do not apply to government entities."
Whether it’s because of federal law preemption, Oregon law protecting the presumption of privacy (Article 1, Section 9), or the local laws generated by municipalities, drone and press operators should show caution in their endeavors to film and photograph from the air.
Drone Rules Penalties
Violations of drone laws in Oregon can range from simple fines to more severe consequences depending on the nature of the infraction. From failure to register a drone to criminal acts, these penalties can have significant legal and financial repercussions.
For instance, violations of telecommunications laws, such as interfering with wireless communication, can lead to substantial fines. Similarly, violating trespassing or privacy laws can result in criminal charges that may include jail time.
State and federal agencies, including the Federal Aviation Administration (FAA), have established steep fines for rules violation. Simple violations may incur fines, ranging from a few thousand dollars per occurrence to tens of thousands of dollars. Repeat offenders, or those engaging in willful violations, may be fined significantly more; for example, a man cited by the FAA for, among other things, flying his drone over the downtown Portland area as well as near the Hollywood Theatre and the Lloyd Center’s rooftop parking garage, received a fine of $30,000.
Penalties can also extend to property owners in Oregon. A homeowner in Oregon County, for instance, is subject to certain criminal and civil penalties if their Airbnb guests violate privacy and property rights by not following laws of drone operation. The homeowner may find themselves being sued for breach of contract by neighbors who claim that their privacy has been invaded or their property damaged.
Oregon Drone Resources
There are a number of resources available to help drone enthusiasts stay up to date on the latest developments in Oregon’s drone laws. Some local clubs , chambers of commerce and community centers can connect you with other drone pilots in your area even if you are just starting out or are not an avid recreational or commercial drone user. The following are some of the more popular resources for drone operators in Oregon:
Club and Community Resources
Businesses and Training Programs
The Oregon Department of Aviation also provides a nice overview of recreational drone laws in the state of Oregon.
Whatever your interest in drones, Oregon has some resources near you that can help you get started or hone your skills.