Oregon Drone Laws

Oregon drone laws are laws, regulations, rules, and restrictions that apply to unmanned aircraft. While the term “drone” has become probably the most common slang to refer to unmanned aircraft, drones are more officially referred to as Unmanned Aircraft Systems (UAS) and a drone might be more officially referred to as an Unmanned Aerial Vehicle (UAV).

Oregon Drone Laws
Oregon drone laws have not been able to keep up with advances in technology. However, new drone laws, rules, and regulations may be coming in 2017.

Federal Aircraft Administration (FAA) Drone Rules

The Federal Aircraft Administration (FAA) began in 1958 as the Federal Aviation Agency and changed its name to the Federal Aviation Administration (FAA) in 1966 when it became a part of the U.S. Department of Transportation. The FAA is the national aviation authority of the United States and it has authority to regulate all American civil aviation.

The FAA has a dedicated section of it’s webpage on Unmanned Aircraft Systems. The FAA distinguishes between governmental use of drones, non-governmental commercial use of drones, and non-governmental civilian hobbyist use of drones. Probably the best resource for most civilian drone pilots is the FAA Know Before You Fly campaign and the Know Before You Fly brochure (PDF).

Academy of Model Aeronautics (AMA) Guidelines

In addition to formal laws, rules, and regulations, there are guidelines. The Academy of Model Aeronautics (AMA) is a good resource for drone pilots to review guidelines and best practices for safe and responsible drone use.

“Do I Need to Register My Drone With The Government?”

In short, no. The FAA had been telling drone hobbyists that they needed to register their drones with the agency. However, in May of 2017, a D.C.-based appeals court struck down a Federal Aviation Administration (FAA) rule requiring recreational drone users to register their model aircraft with the federal government. The U.S. Court of Appeals for the D.C. Circuit said, “The FAA’s 2015 registration rule, which applies to model aircraft, directly violates that clear statutory prohibition… We therefore … vacate the registration rule to the extent it applies to model aircraft.”

Drone Laws in Oregon
A sign prohibiting drones near Haystack Rock in Cannon Beach, Oregon. A portion of the rock is managed by the Oregon Islands National Wildlife Refuge of the United States Fish and Wildlife Service.

Oregon Drone Laws

Oregon’s civil and criminal statutes haven’t yet really caught up with the technology of drones. Other than a ban on hunting with drones passed in 2015, there really aren’t any other specific Oregon drone laws in effect yet in 2017. However, there are some Oregon laws which were not drafted with drones specifically in mind, but which could apply to criminal use of drones:

  • ORS 163.700: Invasion of personal privacy (taking photos or video of someone in a state of nudity or undress where the person recorded has a reasonable expectation of personal privacy, for the purpose of arousing or gratifying the sexual desire of the person taking the photos or video)
  • ORS 164.354 and 164.365: Criminal Mischief (damaging property of another using a drone or by crashing a drone)
  • ORS 163.195: Recklessly Endangering Another Person (putting another person at risk of injury or death by reckless use of a drone)
  • ORS 163.160: Assault in the Fourth Degree (causing injury to another person by reckless use of a drone)

This list is not exclusive, but it provides some examples of criminal laws which could be broken by unlawful use of drones.

Also, keep in mind that exiting civil laws could also still apply to drones as well. These would include, but not limited to:

  • Negligence (e.g. causing injury to someone with your drone or damage to their property)
  • Assault or battery (e.g. using your drone to cause fear in someone that they’ll be injured, or intentionally causing actual injury)
  • Trespass to land (e.g. flying your drone on private property when and where prohibited)
  • Invasion of privacy (e.g. unlawful intrusion into the personal life of someone)
  • Nuisance (e.g. disturbing another person’s quiet enjoyment of their real property)

If you are under investigation for using a drone in a crime, contact an Oregon criminal defense attorney.

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