Sarah Nilsson, JD, PhD, MAS
Sarah Nilsson, JD, PhD, MAS

Virginia Drone Laws

 

HB 29 and HB 30 - appropriate funds to Virginia Tech for UAS research and development.

 

HB 1141

HB 1372

HB 269

 

HB 412 - prohibits the regulation of UAS by localities.

 

HB 413

 

HB 454

 

HB 538

HB 561

HB 737

HB 878

HB 89

SB 584

SB 729

 

SB 954

 

HB 2350makes it a Class 1 misdemeanor to use UAS to trespass upon the property of another for the purpose of secretly or furtively peeping, spying, or attempting to peep or spy into a dwelling or occupied building located on such property.

 

SB 873 - specifies that the fire chief or other officer in charge of a fire department has authority to maintain order at an emergency incident including the immediate airspace. Individuals who don’t obey the orders of the officer in charge are guilty of a class 4 misdemeanor. 

 

Charlottesville Anti-drone Resolution

 

On April 3, 2013 the Governor of Virginia signed House Bill (HB) 2012 (download below) into law. This was an act to place a moratorium on the use of unmanned aircraft systems. 

HB 2012 and SB 1331 prohibit drone use by any state agencies “having jurisdiction over criminal law enforcement or regulatory violations” or units of local law enforcement until July 1, 2015. Numerous exceptions to the ban are enumerated including enabling officials to deploy drones for Amber Alerts, Blue Alerts and use by the National Guard, by higher education institutions and search and rescue operations. The enacted bills also require the Virginia Department of Criminal Justice Services and other state agencies to research and develop model protocols for drone use by law enforcement in the state. They are required to report their findings to the General Assembly and governor by Nov. 1, 2013. 

legp604.exe.pdf
Adobe Acrobat document [10.1 KB]

On April 30, 2015 the Governor signed House Bill (HB) 2125 (download below) into law. This was an act to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.1, relating to use of unmanned aircraft systems by public bodies; search warrant required. 

Virginia HB 2125 and SB 1301 require that a law enforcement agency obtain a warrant before using a drone for any purpose, except in limited circumstances. Virginia's governor also issued an executive order establishing a commission on unmanned systems.

legp604.exe-2.pdf
Adobe Acrobat document [13.3 KB]

On April 3, 2013 the Governor of Virginia signed Senate Bill (SB) 1331 (download below) into law. It is an act to place a moratorium on the use of unmanned aircraft systems. 

VA SB1331.docx
Microsoft Word document [131.9 KB]

On April 30, 2015 the Governor of Virginia signed Senate Bill (SB) 1301 (download below) into law. It is an act to amend the Code of Virginia by adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.1, relating to use of unmanned aircraft systems by public bodies; search warrant required. 

VA SB1301.docx
Microsoft Word document [128.7 KB]

Contact Me

Sarah Nilsson, JD, PhD, MAS

 

602 561 8665

 

sarah@sarahnilsson.org

 

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Legal disclaimer 

The information on this website is for educational purposes only and DOES NOT constitute legal advice. While the author of this website is an attorney, she is not your attorney, nor are you her client, until you enter into a written agreement with Nilsson Law, PLLC to provide legal services.

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