Introduction

This article examines Georgia statutes concerning aircraft operation and airspace regulations in the context of unmanned aerial vehicle incidents.

Scenario

A drone operator flies a recreational drone in Ocmulgee Mounds National Historical Park near Macon, Georgia. While attempting aerial photography, the operator loses control of the drone. The device descends rapidly and strikes a pedestrian walking on a park trail, causing head injuries. The drone weighs approximately two pounds and was flying at 100 feet altitude before the crash.

Georgia Law

Aircraft Definition

Georgia Code § 6-1-2(1): “‘Aircraft’ means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air.”

Sovereignty in Airspace

Georgia Code § 6-1-4: “Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.”

Lawfulness of Flight

Georgia Code § 6-1-5: “Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a drone striking a pedestrian in a park near Macon, Georgia. Georgia Code § 6-1-2 includes drones in the definition of aircraft. Georgia Code § 6-1-5 addresses lawful flight requirements. These statutes establish the framework for drone operator liability under Georgia law.

FAQ

Q: How does Georgia Code § 6-1-2 define aircraft? A: Georgia Code § 6-1-2(1) defines aircraft as “any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air.”

Q: What does Georgia Code § 6-1-5 state about lawful flight? A: Georgia Code § 6-1-5 states flight is unlawful when “at such a low altitude as to interfere with the then existing use” or when “so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.”

Q: Where does sovereignty in airspace rest under Georgia Code § 6-1-4? A: Georgia Code § 6-1-4 states: “Sovereignty in the space above the lands and waters of this state is declared to rest in the state.”

Q: Where are aircraft operation laws found in the Georgia Code? A: Aircraft operation laws are found in Georgia Code Title 6, Chapter 1.

Q: Does Georgia Code § 51-1-2 apply to drone operators? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.