ALABAMA DRONE LAWS & REGULATIONS

State Drone Laws in Alabama

Alabama state drone laws & regulations are drone laws that apply to the entire state of Alabama and were created by the Alabama Legislature.

According to the Alabama Department of Transportation and the Alabama Legislature, there are currently no state laws in place concerning the operations of drones in Alabama.

All drone pilots operating commercially in the state of Alabama are subject to the FAA’s Part 107 rules. Learn more about the FAA’s certification process to obtain a commercial drone license.

Local Drone Laws in Alabama

These are drone laws that apply only to certain regions, cities, or counties within the state of Alabama. Local drone laws have been created by various authorities within the state.

City of Oxford—Ordinance 2016-28

This city ordinance prohibits flying a drone over city-owned property, including parks and recreational areas. Additionally, any other area designated by the city’s police chief. This ordinance also gives provides police with the power to enforce FAA regulations.

Other Legal Issues With Drones in Alabama

At this time of writing, there are currently a number of bills in circulation within the state of Alabama surrounding drones.

HB 498 – Alabama Unmanned Aircraft Systems Act

SYNOPSIS:
This bill would create the Alabama Unmanned Aircraft Systems Act to prohibit the use of an unmanned aircraft system to fly over certain designated manufacturing and commercial facilities without permission of the owner of the facility, with exceptions, and to harass persons; would provide criminal penalties for violations; and would authorize injunctive relief.

This bill would revise various existing crimes to include the use of an unmanned aircraft system to commit a crime.

This bill would prohibit the sale, transport, manufacture, or possession of a system equipped with a weapon.

This bill would also prohibit governmental agencies from using unmanned aircraft systems to gather evidence or other information, except under certain conditions, and would authorize the initiation of a civil action by persons injured by violations.

This bill would provide the Department of Transportation with rulemaking authority.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require the approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Sections 13A-6-24, 13A-6-90.1, 13A-7-22, 13A-10-2, 13A-10-38, 13A-11-32, and 23-1-388, Code of Alabama 1975, relating to the operation of an unmanned aircraft system; to prohibit the use of an unmanned aircraft system to fly over certain designated facilities and to provide for criminal penalties, injunctive relief under certain conditions, and damages for violations; to prohibit governmental agencies from using unmanned aircraft systems to gather evidence or other information, with exceptions; to revise existing crimes to include the commission of the crime by an unmanned aircraft system; to provide rulemaking authority; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 1 through 9, inclusive, of this act shall be known and may be cited as the Alabama Unmanned Aircraft Systems Act.
Section 2. The Legislature finds and declares the following:
(1) That Unmanned Aircraft System technology represents a great new frontier in research and development and a substantial economic opportunity.
(2) That Unmanned Aircraft System technology also raises substantial issues of privacy and safety that should be addressed in a reasonable and measured manner.
(3) That the Federal Aviation Administration regulates safety and other operational aspects of Unmanned Aircraft System operation in Federal Aviation Administration controlled airspace.
(4) That state-based policies have been created by the Alabama Unmanned Aircraft Systems Council to provide reasonable and measured regulation of Unmanned Aircraft System use.
Section 3. For purposes of Sections 1 to 9, inclusive, of this act, the following words shall have the following meanings:

(1) DESIGNATED FACILITY. The following facilities:
a. Petroleum refineries.
b. Chemical and rubber manufacturing facilities.
c. Petroleum or chemical storage facilities.
d. Electric generation facilities, substations, switching stations, control centers, transmission and distribution facilities, and other electric utility communications facilities and associated plants.
e. Rail facilities from which public access is limited, controlled, or restricted.
f. Commercial port and harbor facilities.
g. Drinking water treatment facilities.
h. Forest product manufacturing facilities, including pulp, paper, and sawmills.
i. Any other facility designated as “critical infrastructure” pursuant to 18 U.S.C.A. § 2339D.
(2) GOVERNMENT AGENCY. Any municipal, county, state, or federal agency, the personnel of which have the power of arrest and the performance of a law enforcement function, and any third-party unmanned aircraft system operator retained by any of the agencies above to act on the agencies’ behalf. The term does not include public educational institutions or research institutions, except when an institution is utilizing an unmanned aircraft system in a law enforcement capacity.
(3) MANNED AIRCRAFT. An aircraft that is operated with a person in or on the aircraft.
(4) UNMANNED AIRCRAFT SYSTEM.
a. A powered, aerial vehicle that:
1. Does not carry a human operator.
2. Uses aerodynamic forces to provide vehicle lift.
3. May fly autonomously through an onboard computer or be piloted remotely.
4. May be expendable or recoverable.
b. The term does not include a satellite orbiting the Earth or a spacecraft beyond Earth’s atmosphere, and may not be construed to implicate the provider of a telecommunications link between an owner or operator of an unmanned aircraft system and the unmanned aircraft system.
Section 4. (a)(1) Except as provided in subdivision (2), any of the following constitutes the unlawful use of an unmanned aircraft system:
a. The use of an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record, a designated facility, without the prior written consent of the owner or operator of the designated facility.
b. The intentional distribution, posting, or sharing of any kind of information, including audio, video, or photographic recordings, obtained through the unlawful use of an unmanned aircraft system without the prior written consent of the owner or operator of the designated facility.
c. The intentional harassment, as defined by Section 13A-11-8, Code of Alabama 1975, of a person, including a person who is hunting or fishing in compliance with the laws of this state.
(2) This section does not apply to any of the following:
a. A third party retained by the owner of the property or the operator of a designated facility using an unmanned aircraft system to conduct activities prohibited in subdivision (1) on behalf of the owner or operator.
b. A government agency as defined in Section 3.
c. A person operating an unmanned aircraft vehicle or unmanned aircraft system to photograph, film, audiotape, or otherwise record an image or other data for the monitoring, operation, siting, development, inspection, or maintenance of utilities, telecommunications, commercial mobile radio service, water conveyance, or transportation infrastructure for the purpose of inspecting or maintaining rights-of-way and the condition, reliability, or integrity of the utility, telecommunications, commercial mobile radio service, water conveyance, or transportation system, or to determine if repairs or additional infrastructure and associated rights-of-way could be necessary.
d. A news organization and its employees where the use is for lawful news-gathering purposes, or to cover newsworthy events or events to which the general public is invited.
(3) In addition to the criminal penalties of subsection (b), a person who operates an unmanned aircraft vehicle or unmanned aircraft system in a manner described in subdivision (1) of this subsection may also be guilty of criminal eavesdropping or criminal surveillance under Section 13A-11-31 or Section 13A-11-32, Code of Alabama 1975.
(b)(1) A person who commits the crime of unlawful use of an unmanned aircraft system is guilty of a Class B misdemeanor for the first offense.
(2) On a conviction for a second or subsequent offense, the defendant is guilty of a Class A misdemeanor.
(3) It shall be an affirmative defense to a prosecution under subsection (a) if the person did either of the following:
a. Ensured the destruction or return of any and all images, audio, video, data, copies, information, compilations, reports, analyses, and any tangible and written expressions of any and all information obtained through the use of the unmanned aircraft system in the possession of the person and any representatives.
b. Stopped disclosing, displaying, distributing, or using the image as soon as the person knew the image was captured in violation of subsection (a).
Section 5. (a) The owner or operator of a designated facility aggrieved by the unlawful use of an unmanned aircraft system, as provided in subsection (a) of Section 4, may initiate a civil action against the offending party to obtain all appropriate relief in order to prevent, restrain, or compensate a violation of this section.
(b) In lieu of an award of actual damages, the owner or operator of a designated facility whose photograph, image or video of which was unlawfully taken may elect to recover five thousand dollars ($5,000) for each photograph, image, or video that is published or otherwise disseminated, as well as reasonable court costs, attorney’s fees, or other injunctive relief as determined by the court.
Section 6. (a) A government agency may not use an unmanned aircraft system to gather evidence or other information, except under any of the following circumstances:
(1) The agency first obtains a search warrant signed by a judge or magistrate authorizing the use of the unmanned aircraft system.
(2) The agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to do any of the following:
a. Prevent imminent danger to life.
b. Forestall the imminent escape of a suspect.
c. Counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security or the Secretary of the Alabama State Law Enforcement Agency determines that credible intelligence indicates that there is such a risk.
d. Counter or control fires, hazardous materials, or other natural or environmental disasters that threaten life or property.
(3) The use is for the purpose of conducting surveillance in an area that is within a law enforcement officer’s plain view when the officer is in a location where he or she is legally authorized to be.
(4) The use is for the purpose of conducting surveillance of events or gatherings to which the general public is invited on public or private land.
(5) The use is for the provision of continuous aerial coverage when an agency is searching for a fugitive, escapee, or missing person, or is monitoring a hostage situation.
(6) The use is for the performance of search and rescue operations subsequent to a declared state of emergency or natural disaster.
(7) The use is for the documentation of a crime scene or accident scene.
(8) The use is for any purpose over government property or over private property with prior written consent.
(b) A person aggrieved by a violation of subsection (a) may initiate a civil action against the government agency in violation of subsection (a) to obtain all appropriate relief to prevent or remedy the violation.
(c) Evidence obtained or collected in violation of this section is not admissible as evidence in a criminal prosecution in any state court.
(d) Images collected in violation of this section may not be retained by the government agency.
Section 7. This act may not be construed to do the following:
(1) Prohibit possession or usage of an unmanned aircraft system that is authorized by federal law or regulation.
(2) Prohibit possession or usage of an unmanned aircraft system by the Alabama National Guard, the United States Armed Forces, or the United States Department of Defense for national defense purposes.
(3) Prohibit or restrict the use of an unmanned aircraft system, including the gathering, collection, and recording of imagery and other information, by the owner or operator of a designated facility or a person under contract with the owner or operator, as long as the use is in furtherance of the owner or operator’s business operations, including, but not limited to the following:
a. The siting, construction, installation, operation, inspection, observance, testing, maintenance, repair, security, replacement, removal, and demolition of its facilities, structures, equipment, and other infrastructure.
b. Patrolling, inspecting, observing, surveying, mapping, maintaining, and securing its property, easements, and rights-of-way.
c. Storm damage assessment, restoration, and recovery.
Section 8. (a) The State of Alabama recognizes the preemptive authority of the Federal Aviation Administration in the regulation of the National Airspace in that the Federal Aviation Administration is the sole regulator of the National Airspace over Alabama.
(b) Municipal and county governments may not establish a no-fly zone without prior written approval of the Federal Aviation Administration.
(c) Nothing in this section prohibits municipal and county governments from making arrests or issuing citations for the violation of the criminal statutes of Alabama to an unmanned aircraft system operator pilot while operating in the national airspace.
(d) Nothing in this section prohibits municipal and county governments from promulgating rules, regulations, and ordinances for the use of unmanned aircraft systems operated by a municipal or county government within its own boundaries.
Section 9. The Alabama Department of Transportation may adopt rules for the implementation and administration of this act.
Section 10. Sections 13A-6-24, 13A-6-90.1, 13A-7-22, 13A-10-2, 13A-10-38, 13A-11-32, and 23-1-388 are amended to read as follows:
§13A-6-24.
“(a) A person commits the crime of reckless endangerment if he or she recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
“(b) Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, a person who unlawfully operates an unmanned aircraft system within the airspace over, above, or upon the lands and waters of the state, in willful or wanton disregard of the rights or safety, as defined in Section 3 of the act adding this amendatory language of others or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless endangerment.
“(c) Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, a person who operates an unmanned aircraft system near a public street, road, or highway in this state, including an easement or right-of-way connected to a street, road, or highway, in such a manner to knowingly and willfully interfere with, or cause a hazard to, a motorist, shall be guilty of reckless endangerment.
“(d) There is a rebuttable presumption that a person operating an unmanned aircraft system without authorization, regardless of altitude, directly over large groups of persons who would be subject to substantial risk of serious physical injury from a collision with a falling or stricken unmanned aircraft system, including but not limited to concerts, sporting events, parades, outdoor public assemblies, or any industrial facility where there are a substantial number of persons employed to work outside, constitutes reckless endangerment. This statute may not be construed or interpreted to regulate the national airspace controlled by the Federal Aviation Administration.
(b)(e) Reckless endangerment is a Class A misdemeanor.
§13A-6-90.1.
“(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, unlawfully uses an unmanned aircraft system, as defined in Section 3 of the act adding this amendatory language to conduct surveillance or engage in intimidation regardless of altitude, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person’s immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.
“(b) The crime of stalking in the second degree is a Class B misdemeanor.
§13A-7-22.
“(a) A person commits the crime of criminal mischief in the second degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500).
“(b)(1) Criminal mischief in the second degree is a Class A misdemeanor punishable as provided by law.
“(2) Upon a second conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days in jail and upon a third or subsequent conviction of criminal mischief in the second degree within a five-year period involving damage to a church or other religious building, or damage to property in a church or other religious building, the defendant shall be sentenced to a mandatory minimum sentence of not less than 30 days in jail.
“(3) Upon conviction for criminal mischief in the second degree involving a church or other religious building or damage to property in a church or other religious building, the court shall order restitution as a first priority before the payment of fines, court costs, or other court-ordered payments.
“(4) A person who willfully damages or destroys, by any means, an unmanned aircraft system, as defined in Section 3 of the act adding this amendatory language, while in lawful flight, is guilty of criminal mischief in the second degree. The court shall order restitution for the damages to the unmanned aircraft system if requested by the unmanned aircraft system’s owner unless the fact is established before the court that the unmanned aircraft system was being used to aid in the commission of a crime at the time of its destruction and the operator has been convicted of an offense related therein.
§13A-10-2.
“(a) A person commits the crime of obstructing governmental operations if, by means of intimidation, physical force or interference or by any other independently unlawful act, he or she does any of the following:
“(1) Intentionally obstructs, impairs or hinders the administration of law or other governmental function; or.
“(2) Intentionally prevents a public servant from performing a governmental function.
“(3) Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, while piloting an unmanned aircraft system, as defined in Section 3 of the act adding this amendatory language, intentionally or recklessly prevents an aircraft that is lawfully aiding local or state governmental agencies from providing such aid due to the danger of an unmanned aircraft system in close proximity to the area in need of such aid based upon the reasonable exercise of collision avoidance caution by the pilot of the aiding aircraft.
“(4) Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, while piloting an unmanned aircraft system, as defined in Section 3 of the act adding this amendatory language, uses such unmanned aircraft system with the intent to alert or otherwise provide aid to others engaged in the commission of a crime by providing surveillance and observation of any law enforcement presence or approach, or to aid in the escape or evasion from law enforcement during or immediately after the commission of a criminal act.
“(b) This section does not apply to the obstruction, impairment or hindrance of the making of an arrest.
“(c) Obstructing governmental operations is a Class A misdemeanor.
§13A-10-38.
“(a) A person is guilty of promoting prison contraband in the third degree if the person does any of the following:
“(1) He or she intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any contraband or thing which the actor knows or should know it is unlawful to introduce or for the inmate to possess.
“(2) Being a person confined in a detention facility, he or she intentionally and unlawfully makes, obtains, or possesses any contraband.
“(3) He or she intentionally introduces within a state detention facility operated by the Department of Corrections, or provides an inmate in a state detention facility operated by the Department of Corrections with, any currency or coin which the actor knows or should know is unlawful to introduce or the possession of which is not authorized by an inmate by the written policy of the Department of Corrections.
“(4) Being a person in the custody of the Department of Corrections, he or she obtains or possesses any currency or coin, the possession of which is not authorized by the written policy of the Department of Corrections.
“(5)a. Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, knowingly and intentionally operates an unmanned aircraft system, as defined in Section 3 by the act adding this amendatory language, on or above the grounds of a municipal, county, or state correctional facility.
“b. This subdivision shall not apply to a person employed by the facility who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives permission from the Director of the facility to operate the unmanned aircraft system over the facility.
“c. There is a rebuttable presumption that the operator of an unmanned aircraft system who knowingly flies over any correctional facility without authorization is willfully engaged in the promotion of prison contraband.
“d. Nothing in this subdivision may be interpreted to regulate the National Airspace controlled by the Federal Aviation Administration.
“(b) Promoting prison contraband in the third degree is a Class B misdemeanor.
“(c) Any currency or coin contraband found on or in the possession of any inmate in any state detention facility operated by the Department of Corrections, the possession of which is not authorized by the written policy of the Department of Corrections, shall be confiscated and liquidated after notice and a hearing as provided by departmental policy and the proceeds shall be deposited in the general operating fund of the department.
§13A-11-32.
“(a) A person commits the crime of criminal surveillance if he or she intentionally engages in surveillance while trespassing in a private place.
“(1) Consistent with the provisions of the Alabama Unmanned Aircraft Systems Act, trespassing in a private place can be committed by the use of an unmanned aircraft system, as defined in Section 3 of the act adding this amendatory language, equipped with a camera, microphone, or other recording device, if either of the following occur:
“a. The operator touches the land or any structure owned by the person under observation.
“b. The unmanned aircraft system is observed to be in unreasonably close proximity to a person while that person is in a private place as defined in subdivision (2) of Section 13A-11-30.
“(2) A recording device aboard an unmanned aircraft system that records a person in a private place may be seized as evidence in the prosecution of this section.
“(b) Criminal surveillance is a Class B misdemeanor.
§23-1-388.
“A person who operates any aircraft unmanned aircraft system, as defined in the Alabama Unmanned Aircraft Systems Act, within the airspace over, above, or upon the lands and waters of the state, carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or without due caution and circumspection or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of a Class C misdemeanor.”
Section 11. Section 13A-11-61.4 is added to the Code of Alabama 1975, to read as follows:
§13A-11-61.4.
(a) It shall be unlawful to engage in the sale, transport, manufacture, possession, or operation of an unmanned aircraft system that is equipped with a weapon.
(b) For purposes of this section, a weapon is defined as an object, device, or instrument which is designed to result in serious bodily injury or death, or any replica, article, or device having the appearance of such an object, device, or instrument.
(c) A violation of this section is a Class A misdemeanor.
Section 12. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 13. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Federal Drone Laws in Alabama

These are drone laws created by the federal government that apply to every state in the U.S., including Alabama.

To fly a drone as a commercial pilot in the state of Alabama (i.e. for work/business purposes) you are required to follow the requirements of the FAA’s Part 107 Small UAS Rule (Part 107), which includes passing the FAA’s Aeronautical Knowledge Test to obtain a Remote Pilot Certificate.

To fly a drone as a hobbyist in the state of Alabama (i.e. for fun/pleasure) you are required to register your drone with the FAA and follow the FAA’s Special Rule for Model Aircraft.

To fly a drone as a government employee in the state of Alabama (i.e., for a police or fire department) you may either operate under the FAA’s Part 107 rule or obtain a federal Certificate of Authorization (COA).

Note: The content on this page is meant for informational purposes only. It is not meant to take the place of legal counsel.