Last week, the New Jersey state assembly passed legislation, Assembly Bill 520 (the Bill), that provides for fines and prison terms for individuals convicted of unsafe and/or prohibited unmanned aerial systems (UAS or drone) operations. Specifically, the Bill will provide for up to six months in jail and fines of up to $1,000 for a conviction for operating a drone in a manner that could endanger life or property, while under the influence of alcohol or drugs, or for the purposes of taking or assisting in the taking of wildlife. For a conviction related to the operation of a drone near a correctional facility, in a manner that interferes with first responders or lawful hunters, or in a manner to circumvent a restraining order, the operator could face between 18 months and five years in prison and fines up to $15,000. Lastly, the Bill allows owners and operators of critical infrastructure (or political subdivisions thereof) to prohibit operation of drones in close proximity to their systems or structures pursuant to the Federal Aviation Administration’s (FAA) Extension, Safety and Security Act of 2016. Importantly, the Bill also preempts any municipal or county measure in conflict with these prohibitions or penalties.

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