North Carolina § 63-96 - Permit required for commercial operation of unmanned aircraft systems.

§ 63-96. Permit required for commercial operation of unmanned aircraft systems.

No person shall operate an unmanned aircraft system, as defined in G.S. 15A-300.1, in this State for commercial purposes unless the person is in possession of a permit issued by the Division valid for the unmanned aircraft system being operated. Application for the permit shall be made in the manner provided by the Division. Unless suspended or revoked, the permit shall be effective for a period to be established by the Division not exceeding eight years. No person shall be issued a permit under this section unless all of the following apply: The person is at least the minimum age required by federal regulation for operation of an unmanned aircraft system. The person possesses a valid government-issued photographic identification acceptable to the Federal Aviation Administration for issuing authorization to operate an unmanned aircraft system. The person has passed the knowledge test for operating an unmanned aircraft system as prescribed in G.S. 63-95(b). The person has satisfied all other applicable requirements of this Article or federal regulation. A permit to operate an unmanned aircraft system for commercial purposes shall not be issued to a person while the person's license or permit to operate an unmanned aircraft system is suspended, revoked, or cancelled in any state. The Division shall develop and administer a program that complies with all applicable federal regulations to issue permits to operators of unmanned aircraft systems for commercial purposes, including a fee structure for permits. Criteria and requirements established under the subdivisions set forth in this subsection shall be no more restrictive than the rules or regulations adopted by the Federal Aviation Administration setting forth the criteria and requirements under which a person may operate an unmanned aircraft system for commercial purposes. The program must include the following components: A system for classifying unmanned aircraft systems based on characteristics determined to be appropriate by the Division. Repealed by Session Laws 2017-160, s. 4, effective July 21, 2017. A permit application process, which shall include a requirement that the Division provide notice to an applicant of the Division's decision on issuance of a permit no later than 10 days from the date the Division receives the applicant's application. Technical guidance for complying with program requirements. Criteria under which the Division may suspend or revoke a permit. Criteria under which the Division may waive permitting requirements for applicants currently holding a valid license or permit to operate unmanned aircraft systems issued by another state or territory of the United States, the District of Columbia, or the United States. A designation of the geographic area within which a permittee shall be authorized to operate an unmanned aircraft system. Requirements pertaining to the collection, use, and retention of data by permittees obtained through the operation of unmanned aircraft systems, to be established in consultation with the State Chief Information Officer. Requirements for the marking of each unmanned aircraft system operated pursuant to a permit issued under this section sufficient to allow identification of the owner of the system and the person issued a permit to operate it. A system for providing agencies that conduct other operations within regulated airspace with the identity and contact information of permittees and the geographic areas within which the permittee is authorized to operate an unmanned aircraft system. A person who operates an unmanned aircraft system for commercial purposes other than as authorized under this section shall be guilty of a Class 1 misdemeanor. Subject to the limitations set forth in subsection (d) of this section, the Division may issue rules and regulations to implement the provisions of this section. History (2014-100, s. 34.30(g); 2015-232, s. 2.4; 2016-90, s. 14.5; 2017-160, s. 4.) Editor's Note. - Session Laws 2014-100, s. 34.30( l ), made this section effective August 7, 2014. Session Laws 2014-100, s. 34.30(h), provides: "The Division of Aviation of the Department of Transportation shall develop and implement the knowledge and skills test required by G.S. 63-95, as enacted in subsection (g) of this section, no later than May 31, 2015, and shall report to the Joint Legislative Transportation Oversight Committee on the status of implementation by June 15, 2015." Session Laws 2014-100, s. 34.30(i), provides: "The Division of Aviation of the Department of Transportation shall immediately begin developing the licensing system for commercial operation required by G.S. 63-96, as enacted in subsection (g) of this section, and shall ensure that the system complies with Federal Aviation Administration (FAA) guidelines on commercial operation, as those guidelines become available. Within 60 days of issuance of the FAA guidelines and authorization by the FAA for commercial operations to begin, the Division shall implement the licensing system required by G.S. 63-96, as enacted in subsection (g) of this section." Session Laws 2014-100, s. 34.30(j), as amended by Session Laws 2015-232, s. 2.2, provides: "Except as authorized under Section 7.16(e) of S.L. 2013-360, as amended by Section 7.11(a) of S.L. 2014-100, no operation of unmanned aircraft systems by agents or agencies of the State or a political subdivision of the State shall be authorized in this State until the knowlege test required by G.S. 63-95, as enacted in subsection (g) of this section, has been implemented." Session Laws 2014-100, s. 34.30(k), provides: "The Division of Aviation of the Department of Transportation shall use funds appropriated in this act to the Division to cover the administration costs incurred from developing and implementing the knowledge and skills test and licensing system for commercial operation required by this section." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-232, s. 2.5, provides: "Prior to the implementation of the knowledge test and permitting process required by G.S. 63-96, any person authorized by the FAA for commercial operation of an unmanned aircraft system in this State shall not be in violation of that statute, provided that the person makes application for a State permit for commercial operation within 60 days of the full implementation of the permitting process and is issued a State commercial operation permit in due course." Effect of Amendments. - Session Laws 2015-232, s. 2.4, effective August 25, 2015, rewrote the section. Session Laws 2016-90, s. 14.5, effective July 11, 2016, in subdivision (b)(1), substituted "16" for "17." Session Laws 2017-160, s. 4, effective July 21, 2017, substituted "the minimum age required by federal regulation for operation of an unmanned aircraft system." for "16 years of age." in subdivision (b)(1); rewrote subdivision (b)(2), which read: "The person possesses a valid drivers license issued by any state or territory of the United States or the District of Columbia."; rewrote subsection (d), which read: "The Division shall develop and administer a program that complies with all applicable federal regulations to issue permits to operators of unmanned aircraft systems for commercial purposes. The program must include the following components:"; deleted subdivision (d)(2), which read: "A fee structure for permits."; deleted the former second sentence in subdivision (d)(7), which read: "The rules adopted by the Division for designating a geographic area pursuant to this subdivision shall be no more restrictive than the rules or regulations adopted by the Federal Aviation Administration for designating a geographic area for the commercial operation of unmanned aircraft systems."; and added "Subject to the limitations set forth in subsection (d) of this section," to the beginning of subsection (f) and made a related stylistic change. Legal Periodicals. - For article, "Drone Zoning," see 95 N.C.L. Rev. 133 (2016).