KY – Kentucky

Flag courtesy of Wikipedia

Stalactites and stalagmites, made of travertine, can be seen on the Frozen Niagara tour of Mammoth Cave in Kentucky. Travertine, or traveling stone, is made of limestone that has crystalized out of dripping water.

Photo courtesy of the CIA World Factbook

Kentucky government website just for reference.

The KYDOT has a KYDOT UAS Page.

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

Map courtesy of Wikipedia

Google Earth

Last updated on June 4, 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

 

 

Kentucky Revised Statute 183.011

KRS 183.011

Definitions of aviation terms.

(17)  “Operate,” as pertains to an UA, means the actions taken by an operator of an UA. “Operate” refers only to the actions of an operator on the ground and is not intended to regulate an UA flying in navigable airspace.

(19)  “Operator” means a person operating or flying an UA.

(29)  “Unmanned aircraft” means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.

(30)  “Unmanned aircraft facility map” means a map that may be developed by a commercial airport to display the airport facility’s airspace overlaid with latitude and longitude rectangular gridlines, or any other commercially available system, that reflects the areas where it is unsafe to operate an unmanned aircraft without authorization by the commercial airport operator on property owned by a commercial airport and in specific areas consistent with obstructions to navigation under 14 C.F.R. pt. 77.

Kentucky Revised Statute 183.085

KRS 183.085

Unmanned aircraft facility map for commercial airport.

(1)  A commercial airport may prepare an UA facility map. In preparing the map, a commercial airport shall consult with the FAA ATC tower at the airport,

(2)  Any UA facility map developed by a commercial airport shall be filed with the secretary of the airport board and shall be prominently displayed on the airport’s Web site.

(3)  An UA facility map shall not extend beyond the approach surface areas specifically described in 14 C.F.R. sec. 77.19(d), and as published in the official airport master plan record.

(4)  If the FAA creates and makes available a map for the commercial airport that restricts the areas where it is unsafe to operate an UA in the areas described in 14 C.F.R. sec. 77.19(d), that map shall be the UA facility map of the commercial airport.

Kentucky Revised Statute 183.086

KRS 183.086

Restrictions on operation of UA — Exemption.

(1)  An operator of an UA or a direct supervisor of an operator of an UA, if that direct supervisor holds a remote pilot certificate under 14 CFR 107, shall not operate or allow an UA to operate:

(a)  In a manner that allows an incursion of an UA into areas prohibited for the operation, taking off, and landing of an UA as designated by a commercial airport’s UA facility map, except with the approval of the commercial airport operator; or

(b)  In a reckless manner so as to create a risk of serious physical injury to another or a risk of damage to property.

(2)  The provisions of this section shall not apply to an operator of an UA for a commercial purpose in compliance with FAA regulations, authorizations, or exemptions.

Kentucky Revised Statute 446.010

KRS 446.010

Definitions for statutes generally.

(57)  “Unmanned aircraft system” means an aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the SUA that are required for the safe and efficient operation of the UA in the NAS.

Kentucky Revised Statute 500.130

KRS 500.130

Operation of UAS — Citizens’ Freedom from Unwarranted Surveillance Act.

(1)  Except for UAS operated by the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component thereof, or by the Army National Guard or Air National Guard, UAS may not be equipped with a lethal payload.

(2)  Any business entity doing business lawfully within this state may use an UAS for business purposes, in compliance with 14 CFR 107.

(3)  Any recreational user may operate an UAS within this state, in compliance with 14 CFR 101.

(4)  Any institution of higher education, or school district, may use an UAS for educational, research, or testing purposes.

(5)  No law enforcement agency, or agent thereof, shall use an UAS to conduct a search unless authorized under the Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution. If the search is conducted pursuant to a warrant, the warrant shall specifically authorize the use of an UAS.

(6)  Except as limited by subsection (5) of this section, any government agency, including a law enforcement agency, may use an UAS for legitimate governmental purposes.

(7)  When an UAS is used by law enforcement pursuant to subsections (5) and (6) of this section, it shall be operated in a lawful manner and shall minimize data collection on non suspects. Disclosure of such data shall be prohibited except by order of a court of competent jurisdiction.

(8)  No evidence obtained or collected as the result of the use of an UAS shall be admissible as evidence in any civil, criminal, or administrative proceeding within this state for the purpose of enforcing state or local law, except for:

(a)  Evidence collected as permitted by subsections (2) to (6) of this section; or

(b)  Evidence which is offered against the owner or operator of an UAS to show misconduct.

(9)  No law enforcement agency shall be required to operate UAS.

(10)  Operation of an UAS in violation of subsection (2) or (3) of this section shall be a violation for the first offense and a Class B misdemeanor for the second or subsequent offense.

(11)  This section may be cited as the “Citizens’ Freedom from Unwarranted Surveillance Act.”

Kentucky Revised Statute 501.110

KRS 501.110

Offense committed with the aid of an UAS.

A person is guilty of an offense committed with the aid of an UAS if the UAS is under his or her control and the conduct would have given rise to criminal liability for the offense if performed directly by the person, unless the conduct consists solely of flying the UAS through navigable airspace in the normal course of operation of a legally registered UAS.

Kentucky Revised Statute 511.100

KRS 511.100

Trespass upon key infrastructure assets.

(1)  As used in this section:
(a) “Key infrastructure assets” means:

1. Any critical node of a system used in the production or generation of electrical energy;

2. A petroleum refinery;

3. A rubber or hazardous chemical manufacturing facility;

4. A petroleum or hazardous chemical storage facility or terminal;

5. Natural gas processing, fractionation, stabilization, and compressor station facilities, as well as above-ground natural gas or petroleum pipelines and related facilities;

6. Railroad yards and railroad tunnel portals;

7. A drinking water collection, treatment, or storage facility;

8. Grounds or property of a state prison, juvenile justice facility, jail, or other facility for the detention of persons charged with or convicted of crimes;

9. A facility used for research, development, design, production, delivery, or maintenance of military weapons systems, subsystems, and components or parts to meet military requirements of the United States;

10. A wireless communications facility, including the tower, antennae, support structures and all associated ground-based equipment, and a telecommunications central switching office; or

11. A cable television headend; and

(b) “Unmanned aircraft system” means an aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the SUA, that are required for the safe and efficient operation of the UA in the NAS.

(2)(a) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly enters or remains unlawfully in or upon real property on which key infrastructure assets are located.

(b) A person commits the offense of trespass upon key infrastructure assets if he or she knowingly uses, or retains or authorizes a person to use, an UAS to fly above real property on which key infrastructure assets are located with the intent to cause harm or damage to or conduct surveillance of the key infrastructure asset without the prior consent of the owner, tenant, or lessee of the real property.

(3)  Trespass upon key infrastructure assets is a Class B misdemeanor for the first offense, and a Class A misdemeanor for a second or subsequent offense.

(4)  This section does not apply to:

(a)  An UAS used by the federal government or by the Commonwealth, or by a person acting pursuant to a contract with the federal government or the Commonwealth;

(b)  An UAS used by:

1. The owner of the real property or key infrastructure asset;

2. A person under a valid lease, servitude, right-of-way, right of use, permit, license, or other right granted by the owner of the real property or key infrastructure asset; or

3. A third party who is retained or authorized by a person specified in subparagraph 1. or 2. of this paragraph;

(c)  An UAS used by a law enforcement agency, emergency medical service agency, hazardous material 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;

(d)  Operation of an UAS by a person or entity for a commercial purpose in compliance with applicable FAA authorization, regulations, or exemptions;

(e)  A satellite orbiting the earth;

(f)  An UAS used by an insurance company or a person acting on behalf of an insurance company for purposes of underwriting an insurance risk or investigating damage to insured property; or

(g)  An UAS used strictly in accordance with an order of a court of competent jurisdiction.

Kentucky Revised Statute 520.010

KRS 520.010

Definitions for chapter.

The following definitions apply in this chapter, unless the context otherwise requires:

(1)  “Contraband” means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, departmental regulation, or posted institutional rule or order;

(2)  “Custody” means restraint by a public servant pursuant to a lawful arrest, detention, or an order of court for law enforcement purposes, but does not include supervision of probation or parole or constraint incidental to release on bail;

(3)  “Dangerous contraband” means contraband which is capable of use to endanger the safety or security of a detention facility or persons therein, including, but not limited to, dangerous instruments as defined in KRS 500.080; any controlled substances; any quantity of an alcoholic beverage; any quantity of marijuana; cell phones not authorized under KRS 441.111; drones, UA, or other remotely controlled vehicles, and any payload carried by those vehicles; and saws, files, and similar metal cutting instruments;

(4)  “Detention facility” means any building and its premises used for the confinement of a person:

(a)  Charged with or convicted of an offense;

(b)  Alleged or found to be delinquent;

(c)  Held for extradition or as a material witness; or

(d)  Otherwise confined pursuant to an order of court for law enforcement purposes;

(5)  “Escape” means departure from custody or the detention facility in which a person is held or detained when the departure is unpermitted, or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period; and

(6)  As used in this section and KRS 520.015, “penitentiary” includes any facility operated by the Department of Corrections and the confines of any work detail or other detail, whether under guard or not, under the custody and control of the Department of Corrections.

Berea Code 10

Berea Code 10

10.002 DEFINITIONS

In the construction of this code and for purposes of this code, the following definitions shall apply, unless inconsistent with the text or unless the context clearly indicates a different meaning:

“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. (KRS 446.010(57))

Dayton Code 95.34

Dayton Code 95.34

95.34 CERTAIN ACTIVITIES LIMITED TO DESIGNATED AREAS.

It shall be unlawful to engage in special activities including bicycling, flying model airplanes, flying drones or other UAV (unmanned aerial vehicle), golf practice, ice skating, skateboarding, scooter riding, rollerblading, games, and picnics except at locations specifically designated for such activities by the Mayor.  Areas for such activities may be reserved by groups for use at specified times.

Elsmere Code 10

Elsmere Code 10

10.02 DEFINITIONS.

For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. (KRS 446.010(57))

Highland Heights Code 10

Highland Heights Code 10

10.02 DEFINITIONS.

For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

UNMANNED AIRCRAFT SYSTEM. An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system.

Lawrenceburg Code 10

Lawrenceburg Code 10

10.02 DEFINITIONS.

For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. (446.010(57))

Mount Washington Code 10

Mount Washington Code 10

10.02 DEFINITIONS.

For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system. (KRS 446.010(57))

Murray Code 10

Murray Code 10

10.04 DEFINITIONS AND RULES OF INTERPRETATION.

In the construction of this code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the intent of the council or the context clearly requires otherwise:

“UNMANNED AIRCRAFT SYSTEM.” An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system.

Shepherdsville Code 130

Shepherdsville Code 130

130.06 NOISE/SOUND-AMPLIFYING EQUIPMENT.

(A) It shall be unlawful within the city to commit or aid or abet in operation of any aircraft or any unmanned drone for any purpose in or over the city with sound amplifying equipment in operation.

(B) No person shall use, either from a stationary or fixed position, in any building or elsewhere or in or on any vehicle, an amplifier or loudspeaker for the amplification of sounds to be heard upon the public streets or sidewalks in the city without having first obtained the approval of the City Council for the use thereof.

(C) (1) It shall also be unlawful within the city to commit the emission of noise between the hours of 11:00 p.m. and 7:00 a.m. which is audible 50 feet from the property line of the property on which the source of the noise is located.

(2) The following noises shall be exempt:

(a) Noises originating from any safety signals, warning devices and emergency relief valves;

(b) Noises resulting from any authorized emergency or law enforcement vehicle or training facilities;

(c) Noises emanating from festivals or other periodic activates and celebrations where said activity has been authorized by the appropriate city officials.

Walton Code 10

Walton Code 10

10.02 DEFINITIONS.

For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

UNMANNED AIRCRAFT SYSTEM. An aircraft that is operated without the possibility of direct human interaction from within or on the aircraft and includes everything that is on board or otherwise attached to the aircraft and all associated elements, including communication links and the components that control the small unmanned aircraft, that are required for the safe and efficient operation of the unmanned aircraft in the national airspace system.  (KRS 446.010(57))

 

University Drone Policies

University of Kentucky

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

Advanced Air Mobility (AAM)

2022 – AIR Unveils Full-Scale eVTOL Prototype at the Kentucky Derby

2023 – Kentucky Freight Advisory Committee for Transportation

 

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 a movie showing the entrance to Mammoth Cave, 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

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

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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