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Ask CITYVIEW

5/3/2023

In what capacity am I allowed to use drones in Iowa? Are there laws against where I can and cannot fly them?

Drones are becoming more and more popular, whether it be for recreational or commercial use, and state governments have had to keep up with the ever-growing use.

Federal law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA (Federal Aviation Administration) personnel. The Recreational UAS Safety Test (TRUST) was developed to meet this requirement. 

If you follow Drone Laws in the USA defined by FAA Part 107, you’ll be in good shape. 

If you plan on using a drone for your business, they are approved in the FAA part 107; however, it is important to check your local district regulations, as they do vary.

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The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver if they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If your drone weighs less than 0.55 pounds, you can fly recreationally as well as commercially, as long as it isn’t located in a no-fly zone. If your drone weighs more than .55 pounds, you’ll have to pay $5 to get it registered. 

The easiest way to find out where these no-fly zones are is by using the B4UFLY app. It will tell you if there are any restrictions in your area. 

No-fly zones include holding facilities, such as a county jails, municipal holding facilities, secure facilities for the detention or custody of juveniles, community-based correctional facilities, or institutions under the management of the department of corrections.

The only instance where you’re allowed to use a drone in these areas is if you are operating it under law enforcement.

Law enforcement is allowed to use drones, but they have their own restrictions as well. If law enforcement finds something incriminating outside of the issued warrant, that evidence may not be used. The same applies for drones.

If the police obtain a warrant that allows the use of a drone to search someone’s property, you are still protected under the same laws.

The law also states that it’s unlawful for any state agency to operate UAVs to enforce traffic laws, so you don’t have to worry about a drone catching you speeding or running a red light. 

The Iowa House recently passed a bill (HF 572) related to intrusion and surveillance use of drones. The bill states that “a person commits intrusion by the use of an RPA if the person knowingly controls the flight of an RPA (remotely piloted aircraft) over a homestead or a secure farmstead area, if the homestead or secure farmstead area is not owned or leased by the person, and the RPA remains over the homestead or secure farmstead area.”

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