Lawmakers seek to restrict drone use in Virginia

by | Jan 19, 2015 | COMMUNITY

RICHMOND – Five bills before the General Assembly would restrict the use of drones in Virginia, including two that would let localities prohibit even hobbyists from flying small unmanned aircraft.


RICHMOND – Five bills before the General Assembly would restrict the use of drones in Virginia, including two that would let localities prohibit even hobbyists from flying small unmanned aircraft.

Bills proposed by Del. Scott Surovell, D-Mount Vernon, and Sen. Jennifer Wexton, D-Leesburg, would allow local governments to ban individuals from flying drones under 55 pounds. Currently, the Federal Aviation Administration allows hobbyists to fly such model aircraft as long as they follow safety guidelines.

The bans authorized by Surovell’s and Wexton’s measures could apply to widely available quadcopters like the DJI Phantom and Parrot AR Drone, which are sold at hobby shops and do not require a license to fly for personal use.

The Association of Unmanned Aerial Vehicles International, a nonprofit advocacy group with more than 7,000 members, worries that outright bans on the use of drones by individuals could stifle the personal liberties of pilots. The group also fears that such bans could prevent businesses from flying model aircraft if the FAA opens the door to commercial use of drones.

The association wants to expand the use of unmanned aircraft nationwide by private individuals, businesses, government agencies and first-responders while addressing privacy and safety issues.

Virginia already restricts the use of drones by government and law enforcement agencies. In 2013, the General Assembly passed a two-year moratorium regulating government drones, making Virginia the first state to do so.

The moratorium banned the use of drones for warrantless surveillance and for carrying weapons, but it allowed their deployment in National Guard training and emergency situations like the search for University of Virginia student Hannah Graham, who went missing in September and was later found dead. When the moratorium expires in July, lawmakers hope to have new regulations in place.

One bill was submitted by Del. Ben Cline, R-Rockbridge County, the sponsor of the moratorium. It would let law enforcement agencies use drones for surveillance as long as they obtain a warrant for each flight. The bill contains an exception for specific emergencies. No warrant would be needed, for example, to use a drone during an Amber Alert, when police are searching for a missing child.

Cline’s bill also would allow colleges and universities to use drones for research.

Bills submitted by Del. C. Todd Gilbert, R-Mount Jackson, and Sen. Donald McEachin, D-Richmond, also would require governments to secure warrants to use drones, with exemptions for emergencies and institutions of higher education.

But the proposals by Gilbert and McEachin would restrict the ways data from drones can be used in court to safeguard against potential privacy infringements.

Privacy advocates ranging from the ACLU of Virginia to the Virginia Tea Party Patriots Federation worry that without oversight, law enforcement and government agencies could abuse drones to expand surveillance.

Many businesses, from farms to advertising agencies, would like to use drones – something the Federal Aviation Administration is drafting regulations for now. The FAA has authorized research on commercial drone use at six test sites nationwide, including one at Virginia Tech.

Last week, 10 news agencies, including The Washington Post and The New York Times, announced a partnership with Virginia Tech to research the use of drones in journalism. The partnership allows researchers at Virginia Tech to fly simulated tests for newsgathering drones. It does not permit any of the news organizations to use drones in their current reporting.

Many officials say the use of drones by the private sector could have a lot of benefits and create jobs.

“Early in this process, the commonwealth of Virginia realized how vital unmanned aircraft systems testing is for building a new Virginia economy focused on innovation, diversification and new technology that will enable Virginia to compete on a global scale,” Gov. Terry McAuliffe said at the opening of the Virginia Tech test site in August.

“We publicly pledged support to this effort and then backed up those words with funding.”

According to a report by the Association for Unmanned Vehicle Systems International, if drones are allowed for commercial use in the U.S., in three years they could generate up to 70,000 jobs and $13.6 billion in economic activity.

The FAA is expected to propose rules governing the commercial use of small unmanned aircraft sometime this year. Then there would be a lengthy comment period for pilots, privacy advocates, regulators and others to weigh in on the proposals.

Craig Zirpolo

Craig Zirpolo

Craig Zirpolo (they/them) is a journalist, photographer and videographer from Richmond, Va. In addition to contributing to RVA Mag, they also work with Dust Up, Good Day RVA, RVA Track, The Broadberry, Gallery5 and Art 180.




more in community

Three Tall Ships, One River, 250 Years of American History

Editor's Note: RVA Magazine is partnering with the Virginia Museum of History & Culture on coverage related to America's 250th anniversary, including Richmond SailFest and the upcoming IllumiNation. Also, filmmaker Justin Black of Headwaters Down is sailing aboard...

Richmond’s Funniest Weekend Returns With 2nd Best Comedy Fest

It’s time for the 9th Annual 2nd Best Comedy Fest running June 11–13, 2026. The Coalition Theater hosts this annual event, and is the brick-and-mortar heart of Richmond's alternative comedy ecosystem. Calling it the 2nd Best Fest is a beautifully defensive undersell...

Local, Latino and A New Richmond Cosmos

Tucked into the alley behind 2512 West Main Street, a fever dream of the cosmos has taken shape across a brick wall. The mural is the collaborative work of four Latino artists working in and around Richmond: Visibly Hidden, Monolith, Mars, and Sol. A distant Earth...

The Mayor of Sunny Mart

There are certain people who become part of a neighborhood so slowly that nobody notices it happening until one day they realize the place would feel strange without them.   If you’ve spent enough time around The Fan late at night, then you probably know Sunny Mart....

Sojourner Truth and Why Her Story Still Matters

Editor's Note: This is a companion piece to our preview of Songs of Truth, the new musical inspired by the life of Sojourner Truth. This essay from Christian Detres takes a closer look at the woman behind the legend and the enduring relevance of her story. Sojourner...

Replanting His Life in America, Leaving Behind Everything He Knew

Following is an updated excerpt from the book, Portraits of Immigrant Voices, in honor of Immigrant Heritage Month, which is celebrated during the month of June throughout the United States to honor the contributions and resilience of the newcomers who have shaped our...

Review | Get In My Boca! What’s Happening at the Triangle?

Every time I go to the Aldi on Arthur Ashe at Broad St., En Su Boca tries to seduce me with its tequila and tacos perfume. It doesn’t work all the time, but I feel the pull when I’m browsing the nonsense in Aldi’s middle aisle. I once bought sweatpants there. I’m not...