AR – Arkansas

Flag courtesy of Wikipedia

Platform mounds were constructed frequently during the Woodland and Mississippian periods.

Photo courtesy of Wikipedia

Arkansas government website just for reference.

The ARDOT website just for reference.

Arkansas Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on June 1, 2024

Airspace

In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.

Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.

Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:

(a) The using agency described in § 73.15; or

(b) The controlling agency described in § 73.17.

These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:

(1) Schedule activities within the restricted area;

(2) Authorize transit through, or flight within, the restricted area as feasible; and

(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.

For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.

Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.

Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.

Alert Areas:  Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.

Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.

National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.

 

 

Crewed Aircraft in your Airspace

CREWED AIRCRAFT

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

Arkansas Code Annotated § 5-16-101

ACA § 5-16-101

Crime of video voyeurism

(a) It is unlawful for a person to use a camera, videotape, photo-optical, photoelectric, or other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping another person who is present in a residence, place of business, school, or other structure, or a room or particular location within that structure, if the other person:

(1) Is in a private area out of public view;

(2) Has a reasonable expectation of privacy; and

(3) Has not consented to the observing, viewing, photographing, filming, or videotaping.

(b) It is unlawful for a person to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, operated in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means another person:

(1) For the purpose of viewing any portion of the other person’s body and for which the other person has a reasonable expectation of privacy;

(2) Without the knowledge or consent of the other person; and

(3) Under circumstances in which the other person has a reasonable expectation of privacy.

(c) (1) A person who violates subsection (a) of this section upon conviction is guilty of a:

(A) Class D felony for a first or second offense;

(B) Class C felony for a third or subsequent offense; or

(C) Class C felony if the victim is under fourteen (14) years of age.

(2) (A) A person who violates subsection (b) of this section upon conviction is guilty of a Class B misdemeanor.

(B) However, a person who violates subsection (b) of this section upon conviction is guilty of a Class A misdemeanor if the person:

(i) Distributed or transmitted the video recording, film, or photo to another person;

(ii) Posted the video recording, film, or photo in a format accessible by another person via the internet; or

(iii) Has previously been convicted of a violation of this section or § 5-16-102.

(d) This section does not apply to:

(1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;

(2) Security monitoring operated by or at the direction of an occupant of a residence;

(3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;

(4) Security monitoring operated in a motor vehicle used for public transit;

(5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;

(6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or

(7) Videotaping under § 12-18-615(b).

Arkansas Code Annotated § 5-16-102

ACA § 5-16-102

Voyeurism

(a) As used in this section:

(1) “Nude or partially nude” means a state of undress of a person who has less than a fully opaque covering over the genitals, pubic area, buttocks, or breast of a female;

(2) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent; and

(3) “Public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility where a good, service, facility, privilege, advantage, or accommodation is offered, sold, or otherwise made available to the public.

(b) A person commits the offense of voyeurism if for the purpose of sexual arousal or gratification, he or she knowingly:

(1) Without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation and in which a person may reasonably be expected to be nude or partially nude; or

(2) Enters personally or through the use of an unmanned vehicle or aircraft another person’s private property without the other person’s consent and looks into any person’s dwelling unit if:

(A) The person looks into the dwelling with the purpose to intrude upon or interfere with a person’s privacy;

(B) The person looks into a part of the dwelling in which a person is present;

(C) The person present has a reasonable expectation of privacy in that part of the dwelling; and

(D) The person present does not consent to the person’s looking into that part of the dwelling.

(c) Voyeurism is a:

(1) Class C felony if the victim is under fourteen (14) years of age;

(2) Class D felony if:

(A) A victim is under seventeen (17) years of age and the person who commits the offense holds a position of trust or authority over the victim; or

(B) The person has previously been convicted of an offense under this section or § 5-16-101; or

(3) Class A misdemeanor if otherwise committed.

Arkansas Code Annotated § 5-60-103

ACA § 5-60-103

Unlawful use of an UAS.

(a) As used in this section:

(1) “Critical infrastructure” means:

(A) An electrical power generation or delivery system;

(B) A petroleum refinery;

(C) A chemical or rubber manufacturing facility;

(D) A petroleum or chemical storage facility;

(E) A railroad operating facility;

(F) A communication tower or facility;

(G) A food processing or manufacturing facility; or

(H) A correctional or detention facility; and

(2) (A) “Unmanned aircraft system” means an unmanned, powered aircraft that:

(i) Does not carry a human operator;

(ii) Can be autonomous or remotely piloted or operated; and

(iii) Can be expendable or recoverable.

(B) “Unmanned aircraft system” does not include:

(i) A satellite orbiting the earth;

(ii) An UAS used by the US Government or a person who is acting pursuant to contract with the US Government to conduct surveillance of specific critical infrastructure;

(iii) An UAS used by the state after consultation with the Governor or a person who is acting under contract with the state to conduct surveillance of specific critical infrastructure;

(iv) An UAS used under a certificate of authorization issued by the FAA; or

(v) An UA used by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency, or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training, or a related purpose.

(b) A person commits the offense of unlawful use of an UAS if he or she knowingly uses an UAS to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record critical infrastructure without the prior written consent of the owner of the critical infrastructure.

(c) This section does not prohibit:

(1) (A) A person from using an UAS to conduct surveillance of, gather evidence or collect information about, or photographically or electronically record his or her own property that is:

(i) Located on his or her own immovable property; or

(ii) Located on immovable property owned by another person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right.

(B) A third person retained by the owner of the property described in subdivision (c)(1)(A) of this section to conduct activities described in subdivision (c)(1)(A) of this section is not prohibited under this section from using an UAS to conduct the activities described in this subdivision (c)(1); or

(2) An insurance company or a person acting on behalf of an insurance company from using an UAS for purposes of underwriting an insurance risk or investigating damage to insured property.

(d) Unlawful use of an UAS is:

(1) A Class B misdemeanor; or

(2) A Class A misdemeanor for a second or subsequent offense.

Arkansas Code Annotated § 5-75-101

ACA § 5-75-101

Definitions.

As used in this chapter:

(1) “Aircraft” means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States;

(2) (A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI.

(B) The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and

(3) “Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the operator’s or navigator’s reactions, motor skills, and judgment are substantially altered and the operator or navigator, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself and other persons.

Arkansas Code Annotated § 16-118-111

ACA § 16-118-111

Civil actions against operators of a UAS.

A person who violates § 5-60-103 is also liable to the owner of the critical infrastructure that is the subject of the violation as follows:

(1) Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater;

(2) Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and

(3) The costs of an action brought under this section, together with reasonable attorney’s fees as determined by the court.

University Drone Policies

Harding University

University of Arkansas

University of Central Arkansas

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM)

2022 – Arkansas Future Mobility Report

2023 – Arkansas Council on Future Mobility sets blueprint for future

 

 

Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of filming any of the platform mounds, pictured above.

They need you to mention any state laws and local ordinances.

They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.

Question 3

Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.

Question 4

Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.

Question 5

Does the state have UAM/AAM laws? If so, describe, citing the exact law.

Question 6

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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