§ 2:2 — Regulation of unmanned aerial systems and unmanned aircraft systems; preemption

Louisiana § 2:2

• Jurisdiction: Louisiana
• Title 2: Aeronautics

Text

§2. Regulation of unmanned aerial systems and unmanned aircraft systems; preemption
A. Subject to the provisions of Subsection C of this Section and except as otherwise
provided by law:
(1) The state shall have exclusive jurisdiction to regulate all unmanned aircraft
systems and all unmanned aerial systems.
(2) State law shall supersede and preempt any rule, regulation, code, or ordinance
of any political subdivision or other unit of local government. Nothing in this Section shall
preempt the exclusive sovereignty of airspace of the United States as set forth in 49 U.S.C.
40103. Any interpretation or application of any provision of this Section that contradicts the
exclusive authority of the United States government to regulate unmanned aircraft systems
and all unmanned aerial systems shall be null.
B. As used in this Section, the following phrases shall have the following meanings:
(1) "Unmanned aerial system" means an unmanned aircraft and all associated support
equipment, control station, data links, telemetry, communications, and navigation equipment
necessary to operate the unmanned aircraft. The system may include drones,
remote-controlled aircraft, unmanned aircraft, or any other such aircraft that is controlled
autonomously by computer or remote control from the ground.
(2) "Unmanned aircraft system" means an unmanned, powered aircraft that does not
carry a human operator, may be autonomous or remotely piloted or operated, and may be
expendable or recoverable. "Unmanned aircraft system" does not include any of the
following:
(a) A satellite orbiting the earth.
(b) An unmanned aircraft system used by the federal government or a person who
is acting pursuant to contract with the federal government to conduct surveillance of specific
activities.
(c) An unmanned aircraft system used by the state government or a person who is
acting pursuant to a contract with the state government to conduct surveillance of specific
activities.
(d) An unmanned aircraft system used by a local government law enforcement
agency or fire department.
(e) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the Louisiana Public Service Commission,
while acting in the course and scope of his employment or agency relating to the operation,
repair, or maintenance of a facility, servitude, or any property located on the immovable
property belonging to such business.
(f) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by a local franchising authority, while acting in
the course and scope of his employment or agency relating to the operation, repair, or
maintenance of a facility, servitude, or any property located on the immovable property
belonging to such business.
(g) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the Federal Communications Commission
under the Cable Television Consumer Protection and Competition Act of 1992 or under Part
73 of Title 47 of the United States Code of Federal Regulations, while acting in the course
and scope of his employment or agency relating to the operation, repair, or maintenance of
a facility, servitude, or any property located on the immovable property belonging to such
business.
(h) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of a municipal or public utility while acting in the course and scope of his
employment or agency relating to the operation, repair, or maintenance of a facility,
servitude, or any property located on the immovable property belonging to such municipal
or public utility.
(i) An unmanned aircraft system used by a person, affiliate, employee, agent, or
contractor of any business that is regulated by the Federal Railroad Administration, while
acting in the course and scope of his employment or agency relating to the operation, repair,
or maintenance of a facility, equipment, servitude, or any property located on the immovable
property belonging to such business.
C. If federal law or regulation preempts any provision of this Section, that provision
of this Section shall be null.

Legislative History

Acts 2017, No. 238, §1, eff. June 14, 2017; Acts 2021, No. 328, §1.