Before you head out with your drone to explore what the beautiful state of Arkansas has to offer, you have to be aware of the drone laws in Arkansas or else you risk getting into trouble with the law.
Is it legal to fly a drone in Arkansas?
Flying a drone is permitted in the state of Arkansas. However, it has federal and state laws that govern the flying of drones in the state. Arkansas has no local drone laws, but the state drone laws prohibit drone operators from recording people without their express permission.
In this article, I will cover everything you need to know about Arkansas drone laws for you to enjoy a pleasurable flight with your drone and stay clear of any legal proceedings.
Federal Drone Laws In Arkansas
The United States drone laws are the laws federal drone laws in Arkansas and every state in the United States of America which was created by the federal government.
If you have a small drone that is less than 55 pounds, you can fly recreationally by following the Drone Laws in the USA as defined by FAA Part 107 guidelines.
Federal Drone Laws for Recreational Flying in Arkansas
You can fly your drone for recreational purposes in Arkansas as a hobby without seeking monetary compensation as long as you follow the FAA law (Part 107) and also check the state jurisdiction for additional licensing, permission, and clearance requirements.
Below are the federal rules to follow while flying your drone for recreational purposes in Arkansas to keep you, your drone, and everyone safe in the airspace.
- Fly your drone only for recreational use or as a hobby.
- Follow the safety guidelines of an FAA-recognized Community Based Organization (CBO). Recreational flyers should follow the safety guidelines of existing aeromodelling organizations or use the FAA-provided safety guidelines per Advisory Circular 91-57B.
- Keep your drone within your visual line of sight or use a co-located visual observer (physically next to) and in direct communication with you.
- Don’t fly close or interfere with a manned aircraft.
- Fly below 400 feet in controlled airspace (Class B, C, D, and E) after obtaining permission from LAANC or FAA Drone Zone.
- Fly below 400 feet in uncontrolled airspace (Class G). Note: You can also be prohibited from flying in a Class G airspace in areas designated as prohibited areas, restricted areas, military operated areas, alert areas, etc. except given prior authorization from the FAA.
- Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage.
- Always slap your registration number on the exterior surface of your drones and always carry the proof of registration with you. As a recreational flier, you are exempted from registering and marking your drones by the FAA as long as your drone weighs less than 0.55 lbs (250 grams).
- Do not dangerously operate your drone. For example:
- Do not interfere with emergency response or law enforcement activities.
- Do not fly under the influence of drugs or alcohol.
- Avoid flying near or over critical infrastructure.
You should be aware that you could be liable for civil and/or criminal penalties if you intentionally break any of these rules and regulations listed above as a recreational drone pilot.
As a recreational drone pilot, you are obliged to learn the rules and regulations put in place by the Federal Aviation Administration (FAA) on the proper use of drones for recreational flying.
You should also apply common sense when operating your drone in crowded public places, historic resources, and public places to keep everyone safe.
Federal Drone Laws For Commercial Drone flying in Arkansas
You can fly your drone for commercial purposes in Arkansas with the aim of seeking monetary compensation as long as you follow the FAA law (Part 107) and also check the state jurisdiction for additional licensing, permission, and clearance requirements.
Below are the federal rules to follow while flying your drone for recreational purposes in Arkansas to keep you, your drone, and everyone safe in the airspace.
Step 1: Learn the Rules
- Read and understand the dos and don’ts as a commercial flyer the under Part 107 rules. Review a summary of the Part 107 rules (PDF). Still unsure if Part 107 rules work for you and your intended UAS operation? Check the FAA user identification tool.
- You can obtain a waiver to exceed some limit put in place by the FAA that is not covered by Part 107. Below are some laws in Part 107 that are subject to a waiver.
- Operation from a moving vehicle or aircraft. *
- Always operate your drone during the day. *
- Keep your drone from out of the Visual line of sight from an aircraft operation *
- Keep your drone in your Visual line of sight. *
- Operation of multiple small unmanned aircraft systems. *
- Yielding the right of way. *
- Don’t fly your drone over people. *
- Restriction from certain airspace. *
- Operating limitations for small unmanned aircraft.
- *The FAA will not waive this section to allow the carriage of property of another by aircraft for compensation or hire.
- You should read about the Part 107 Waiver application process if your drone operation requires a waiver.
- Commercial drone operators should steer clear of flying close to airports as it might be challenging for human aircraft to spot and avoid a drone in flight. Keep in mind that the UAV operator is accountable for any safety threat their drone poses in an airport area and must avoid crewed aircraft. Read more about flying near airports.
Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test
- To be eligible to get your Drone License (Remote Pilot Certificate), you must be:
- At least 16 years old
- Able to read, write, speak, and understand English
- Be in a physical and mental condition to safely fly a UAS
- Review the entire process to get your Drone License or Remote Pilot Certificate.
- Study for the Knowledge Test by reviewing the Test Prep materials provided by the FAA.
- Obtain an FAA Tracking Number (FTN) by creating an Integrated Airman Certification and Rating Application (IACRA) profile before registering for a knowledge test.
- Schedule an appointment to take the Knowledge Test at an FAA-approved Knowledge Testing Center.
- Once you’ve passed your test, complete FAA Form 8710-13 for a remote pilot certificate (FAA Airman Certificate and/or Rating Application) using the electronic FAA Integrated Airman Certificate and/or Rating Application system (IACRA)*
- You are now eligible to operate as a commercial drone pilot.
Step 3: Register your drone with the FAA
- Pay the registration fee of $5 with your credit card or debit card to get a valid three year license to commercially fly drones.
- Visit dronezone.faa.gov and select “Fly UAS under Part 107” to create an account and register your drone.
- After that, mark the exterior surface of your drone (PDF) with your registration number for identification and tracking if it were to get stolen
Always be sure to fly your drone safely and within FAA guidelines and regulations. It is up to you as a drone pilot to know the rules of the sky and where it is safe to fly. You should try the user identification tool if you aren’t sure if Part 107 is right for you and your operation
Federal Drone Laws for Public Drone Flying
Federal drone laws are drone laws for federal, state, local, or tribal government entities, including schools and universities that use unmanned aircraft systems or drone technology for their operations.
Federal Restrictions & Requirements
- Be a political subdivision of the United States government, a State or U.S. territory government, the District of Columbia, or an Indian Tribal Government listed in the Robert T Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5122)
- Own and operate the unmanned aircraft, or for non-federal public aircraft operators (PAO’s) have an exclusive lease on it for more than 90 days
- Fly missions that meet the statutory criteria of a governmental function on a flight-by-flight basis
- Not fly for a commercial purpose or receive compensation for flight operations.
Emergency Situations
First responders and other organizations responding to natural disasters or other emergency situations may be eligible for expedited approval through our Special Governmental Interest (SGI) process. Operations that may be considered include:
- Firefighting
- Search and Rescue
- Law Enforcement
- Utility or Other Critical Infrastructure Restoration
- Incident Awareness and Analysis
- Damage Assessments Supporting Disaster Recovery Related Insurance Claims
- Media Coverage Providing Crucial Information to the Public
To apply for a waiver through the SGI process, you must be an existing Part 107 Remote Pilot with a current certificate OR you must have an existing Certificate of Waiver or Authorization (COA). To submit a waiver through this process, fill out the Emergency Operation Request Form and send to the FAA’s System Operations Support Center (SOSC) at 9-ator-hq-sosc@faa.gov .
If approved, the FAA will add an amendment to your existing COA or Remote Pilot Certificate that authorizes you to fly under certain conditions for the specified operation. If denied, operators should NOT fly outside the provisions of their existing COA or part 107. Operators have the option to amend their requests.
* This process is called the Special Government Interest (SGI) amendment process and is outlined in FAA Order JO 7200.23A
State Drone Laws in Arkansas
Arkansas state drone laws are the drone laws that apply to the entire state of Arkansas, and were created by the Arkansas General Assembly.
Arkansas has two state-wide law concerning the use of drones in the state that was put together by the Arkansas Department of Transportation and the Arkansas General Assembly.
Arkansas State Parks – State Park Regulation // 2018
As of 2018, the Arkansas State Parks – State Park Regulation mandates that drone pilots must have a written permit allowing them to fly their drone in any of the state parks throughout Arkansas.
The State Park Regulation has two acts of note, Act 1019 – Surveillance of Critical Infrastructure and Act 293 – Voyeurism.
According to Act 293 – Voyeurism, drone pilots cannot use a drone for voyeuristic purposes. Which simply means you can use your drones to watch or spy on anyone in the state.
Act 1019 – Surveillance of Critical Infrastructure states that it is “unlawful to photograph, record, or conduct surveillance on anything defined as ‘critical infrastructure,’ defined as: an electrical power generation or delivery system; A petroleum refinery; A chemical or rubber manufacturing facility; or A petroleum or chemical storage facility.”
The rules and regulations stated above are simple and straightforward.
HB 1349 // 2015
The HB 1349, is another drone law created by the Arkansas state government in 2015.
According to Section 1. Arkansas Code § 5-16-101(b), “It is unlawful to knowingly use an unmanned vehicle or aircraft, a camcorder, a motion picture camera, a photographic camera of any type, or other equipment that is concealed, flown in a manner to escape detection, or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means a person:
- For the purpose of viewing any portion of the person’s body that is covered with clothing and for which the person has a reasonable expectation of privacy;
- Without the knowledge or consent of the person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and
- Under circumstances in which the person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.”
Simply put, this rule includes drones in the same category as other ways to record people, including using a smartphone. Nevertheless, it’s sensible legislation in terms of safety and security because everybody in a public place has a right to expect both.
The HB 1349 rule requires that everybody who will appear in your drone footage, whether it be a video, photo, or other type of image, be given the opportunity to provide their consent.
The rule further requires you to leave the area and operate your drone elsewhere if they respond negatively to your request.
In Section 2. Arkansas Code § 5-16-102(b), the HB 1349 law gets into the prohibition of voyeurism “without the consent of each person who is present in the private place, personally or through the use of an unmanned vehicle or aircraft, looks into a private place that is, or is part of, a public accommodation, and in which a person may reasonably be expected to be nude or partially nude.”
This simply means that you’re not allowed to use drones in the changing rooms or restrooms.
HB 1770 // 2015
Also, the HB 1770, is another law created in 2015 by the Arkansas state government.
In Section 1, Arkansas Code Title 5, Chapter 60, Subchapter 1, 5-60-103. Unlawful use of unmanned aircraft systems The rules are as follows:
If a federal government representative is using the drone, they must be “acting pursuant to contract with the federal government to conduct surveillance of specific critical infrastructure,” with critical infrastructure being defined the same way as before.
In Section 2, Arkansas Code Title 16, Chapter 118, 16-118-111. Civil actions against operators of an unmanned aircraft system are decided for those who disobey HB 1770.
That person is subject to: “
(1) Any actual damages sustained as a result of the violation, or ten thousand dollars ($10,000), whichever is greater;
(2) Three (3) times actual damages, or ten thousand dollars ($10,000), whichever is greater, in a case in which the violation resulted in profit or monetary gain; and
(3) The costs of an action brought under this section, together with reasonable attorney’s fees as determined by the court.”
This law simply means drone pilots who use their drones to steal critical information will be charged with a penalty of $10,000 and other punishment as seen fit.
Local Drone Laws In Arkansas
Arkansas local drone laws are the drone laws that apply only to certain regions, cities, or counties within the state of Arkansas, and were created by various authorities within the state.
Arkansas doesn’t have any local drone laws. Drone pilots in Arkansas are advised to follow the federal drone laws put together by the FAA and the state drone laws put together by the Arizona state government.
Conclusion
Arkansas has beautiful places to explore with your drone for recreational or commercial purposes. However, you need to abide by the drone laws set by the state and the FAA to enjoy a peaceful flight.
You should also check out the best places to fly a drone in Arkansas if you need a beautiful and legal place to fly your drone in your city.