North Carolina § 63-95 - Training required for operation of unmanned aircraft systems.

§ 63-95. Training required for operation of unmanned aircraft systems.

As used in this Article, the term "Division" means the Division of Aviation of the Department of Transportation. The Division shall develop a knowledge test for operating an unmanned aircraft system that complies with all applicable State and federal regulations and shall provide for administration of the test. The test shall ensure that the operator of an unmanned aircraft system is knowledgeable of the State statutes and regulations regarding the operation of unmanned aircraft systems. The Division may permit a person, including an agency of this State, an agency of a political subdivision of this State, an employer, or a private training facility, to administer the test developed pursuant to this subsection, provided the test is the same as that administered by the Division and complies with all applicable State and federal regulations. No agent or agency of the State, or agent or agency of a political subdivision of the State, may operate an unmanned aircraft system within the State without completion of the test set forth in subsection (b) of this section. History (2014-100, s. 34.30(g); 2015-232, s. 2.3.) 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. Effect of Amendments. - Session Laws 2015-232, s. 2.3, effective August 25, 2015, in subsection (b), deleted "and skills" following "knowledge" in the first sentence, and added the second sentence.