What Are Hawaii’s Drone Laws?
Navigating the complex world of drone laws can be a daunting task, especially in a state as rich in culture and natural beauty as Hawaii. From active volcanoes to pristine beaches, the Hawaiian Islands attract millions of visitors each year who are captivated by the stunning views and unique landscapes. For drone enthusiasts, the breathtaking scenery provides the perfect backdrop for eye-catching aerial photography and exhilarating flying experiences. But while the allure of the islands is easy to appreciate, so too are the various laws and regulations that govern drone use for both residents and tourists alike. Hawaii’s drone regulations are set out in a combination of federal, state, and local laws. At the federal level, the Federal Aviation Administration (FAA) regulates all airspace throughout the country, including Hawaii. The FAA has established a series of guidelines for recreational and commercial drone operators, including the requirement of obtaining a Remote Pilot Certificate, which all commercial pilots must possess. Additionally, the FAA mandates that all drone operators register their aircraft. The registration process is quite easy and can be completed online. The FAA also maintains several Temporary Flight Restrictions (TFRs) throughout the state, as discussed in the "Hawaii TFRs Frequently Asked Questions" webpage. It is crucial for drone pilots to stay up-to-date with any TFRs that may be in effect in Hawaii, as it is illegal to operate a drone within a TFR. For example, TFRs are often established around airports to mitigate risks to airplanes during Takeoff and Landing, as well as around areas where there are ongoing search and rescue missions or natural disasters . Because Hawaii is located in a very remote area of the Pacific Ocean, the state has a relatively small population. However, there are several municipalities and counties that maintain their own set of drone regulations separate and apart from those imposed at the federal level. These separate rules can cover a wide range of issues, but some are targeted specifically at protecting the islands’ natural beauty and cultural traditions. For example, certain counties have passed restrictions that prohibit the use of drones to harass wildlife, while other counties have banned drone operations altogether on certain beach parks and reserves. As a result, drone users should always be aware of the rules for the specific island they plan to fly on. Finally, while less formal than the other regulations discussed above, there are certain "unwritten rules" that drone users should always follow and be mindful of when flying in Hawaii. Among these rules, one of the most important is to avoid using drones near colleagues or friends in the midst of filming a wedding or some other private event. If you encounter an individual or group filming on the beach, respect their privacy by staying away from the area in which they are filming. A good rule of thumb is to maintain a 50-foot distance from any filming location. Understanding Hawaii’s complex web of drone laws is crucial for anyone planning to visit or live in the islands. Whether you are a recreational or commercial drone pilot, following Hawaii’s drone laws is not only a matter of legality, but also one of safety and respect.
Hawaii’s Drone Laws vs. Federal Drone Laws
Understanding drone laws in the state of Hawaii requires an understanding of how federal aviation regulations, state law, and county ordinances can all interact in ways that impact drone operations. To fully understand this interaction, it is necessary to place the regulations in their constitutional context. States have always had the ability to regulate the affairs of its citizens within its borders. The Constitution provides Congress the power to regulate affairs that affect the nation as a whole (i.e. national interests). This, in turn, means that federal interests typically override state and local interests. In other words, if a state law or county ordinance conflicts with a federal regulation, the federal regulation will typically take precedence. Unlike most states in the country, however, Hawaii has taken an unusual approach to the issue of drone regulation that blurs the lines between federal, state, and local authority over drones. The State of Hawaii has broad authority to regulate drone use in its airspace, and the state windward regulations specifically stated that the county ordinances would be preempted to the extent that they would otherwise be valid under the state law. Prior to 2018, Hawaii did not have any statewide law related to drones. Beginning in 2018, Hawaii’s legislative body passed several bills regulating the use of drones, some of which conflict with existing county regulations. Hawaii County, which encompasses the big island of Hawaii, has a county ordinance that prohibits the use of drones in certain areas, including Hilo Harbor, Hāʻena Park, Punaluʻu Black Sand Beach and Punaluʻu Bay, Punaluʻu Stream, Punaluʻu Falls, Punaluʻu Ocean Access, Punaluʻu Kai, Punaluʻu Pond, Punaluʻu Stream Bridge, Punaluʻu Stream Park, Punaluʻu Stream Grove, Punaluʻu Stream Walk, Punaluʻu Stream Swimming Hole, Punaluʻu Trail and Viewing Area. Additionally, Kauai County prohibits drone use over certain public parks. The Maui County ordinance prohibits flying drones over an oceanfront parcel or within 200 feet of a person or animal on a beach, in addition to all of the prohibitions that apply in Kauai County. The Honolulu ordinance prohibits the use of drones in all area of the city except for designated areas set aside for such purposes. Some drone businesses are seeking to have the Hawaii County ordinance invalidated because it conflicts with state law, which was enacted more recently. Investigations into drone use have already been conducted in Hawaii County, resulting in at least one citation being issued this year to someone flying a drone who violated the Hawaii County ordinance. In July 2019, The Hawaii County Planning Commission voted to amend the Planning Director’s annual permitting of commercial drone use by issuing new permits only until April 2020 and setting a fee of $500 for a permit during 2019 – 2020. The new measure will allow the commission to recommend an extension of the permit between April 2020 and December 2020. After December 2020, commercial drone use in Hawaii County will be regulated by the state alone.
Do You Need to Register Your Drone in Hawaii?
In accordance with federal regulations, all drones weighing more than 0.55 pounds (250 grams) must be registered with the Federal Aviation Administration (FAA). In Hawaii, the requirements for drone registration remain consistent with those of the FAA. International travelers and visitors should note that they are also required to register their drones with the FAA prior to flying to avoid potential fines or confiscation orders. To register your drone and receive your FAA Registration number, you must do so through the FAA’s web-based portal – the Aircraft Registry. Registration costs $5.00 and is valid for three years. Upon completion of the online registration form and payment submission, a unique FAA Registration number will be emailed to you to be placed on your device. The registration application process takes about 10 minutes to complete. When completing the registration application, it’s important to use the address of the device’s actual primary location of use, and not the address where the owner resides. To determine whether a drone is subject to registration, Federal Aviation Regulations state that any aircraft including the associated payload that weighs more than 250g (0.55 lbs.). Drones that are built from parts and pieces that have been purchased separately are not required to be registered if the finished product weighs less than 250g. If the finished product weighs more than 250g, each component’s weight must be tallied to determine if a registration is mandatory.
Where Can Drones Be Flown in Hawaii?
The topography of Hawaii is vast and varied, a feature that is also mirrored in its drone laws. In this state, there are designated drone flying areas, where you can fly drones with minimal to no restrictions.
As established by §261-31.5, Haw. Rev. Stat. §261-31.5 (2015), there are areas designated as "drone free" and "drone friendly." Drone friendly areas allow for the use of drones without restrictions, whereas drone free areas do not allow for drone use either by a citizen or cameramen.
For instance, "drone free" areas include all private property and commercial airports, such as:
● Daniel K. Inouye International Airport at Honolulu;
● Ellison Onizuka Kona International Airport at Keahole;
● Kahului Airport;
● Kapalua Airport, West Maui;
● Kalaeloa Airport;
● Kalaupapa Airport;
● Līhu’e Airport;
● Hilo International Airport;
● Harry S. Truman Airport;
● Molokai Airport;
● Hoolehua Airport on Molokai;
● Kalaupapa Airport on Molokai;
● Lanai Airport;
● Mokuleia Airport;
● Mokuleia Airport on Oahu;
● Dillingham Military Airfield, Oahu;
● Wheeler Army Airfield on Oahu;
● Puunene Airport on Maui;
● Lā ‘ie Airport on Kauai;
● Paku’i Airport on Kauai;
● Lāhainā/West Maui Airport;
● Kahului Airport on Maui;
● Kalaupapa Airport on Molokai;
● Hoolehua Airport on Molokai;
● Kalaupapa Airport on Kalawao Island;
● Weir Field on Midway Atoll;
● Wake Atoll adjacent to naval activities; and
● Johnston Island, not under the jurisdiction of the State.
Drone users are not allowed to shoot photos in state parks in Hawaii, as mandated by this same law. Generally speaking, drone use in a state park, reserve, or recreation area, whether designated, established, or statutory, is unauthorized by law.
Additionally, the following areas of land and water are either established or designated as drone free areas: areas administratively determined to be a national wildlife refuge, conservation district, wildlife sanctuary, protected species habitat or endangered species habitat, marine preserve, national park, aquatic preserve, ecological reserve or sanctuary, marine life conservation district, fish sanctuary, animal sanctuary, or public park.
These drone areas listed above are key for recreational drone users because they provide tranquil spots in which to enjoy their drones by avoiding disturbing flights in densely populated areas. It is also helpful to know that these areas exist to avoid any penalty or citations.
Drone Privacy Laws in Hawaii
The rapid deployment of drones across Hawaii for a variety of purposes, such as recreational or commercial use, has raised numerous privacy law issues. While the FAA has aviation authority over airspace, it has specifically left for states the issues of privacy of individuals on the ground. Thus, in addition to federal regulations, each state determines what regulates drone use, including drone surveillance under privacy laws.
Hawaii has enacted a number of drone laws governing the use of drone surveillance of people and property within the state. These laws, mainly found in H.R.S. § 711-1109, are designed to prohibit drone surveillance that constitutes an invasion of privacy. Specifically, the law sets forth an "invasion of privacy" when through the operation of a drone the eyes, or camera of the drone, observes, photographs, or otherwise records another person, without that person’s knowledge or consent, while the other person is on residential, private, or secluded property that is not accessible to the public, or from a location on nonpublic land that is not accessible to the public, in a manner that would cause that person to have a reasonable expectation of privacy, if the observation, photographing, or recording is done for the purpose of viewing, identifying, or recording the other person engaging in a criminal act, sexual act, or other act of a sexual nature. H.R.S. § 711-1109 (emphasis added). The law is further limited to only proscribe a single recording of conduct "within the meaning of section 711-1109" and does not apply to conduct that is incidental or inadvertent of the drone operator. Id.
The law prohibits the use of drones to intentionally observe , photograph, or otherwise record the private, residential, or secluded property of another person, without consent, in furtherance of "any wrongful act" or for the purpose of sexual gratification. Id. Violations of this law are petty misdemeanors, which is punishable by up to six months of jail time and/or a fine of up to $500 for each offense. See HRS § 706-640(1)(B)(2018).
The strict construction and application of the terms used in H.R.S. § 711-1109 makes observing or recording the conduct of an individual through drone surveillance at a residential property a prohibited invasion of privacy subject to criminal penalties. However, not only does this Hawaii statute apply to drone surveillance, it is also applicable to a broader range of surveillance tools. In fact, even though the law specifically mentions drone surveillance, a broad interpretation of the statutory language used in defining an "invasion of privacy" or "surveillance" involves the use of any "device capable of being driven or controlled, or launched or controlled, from a distance." H.R.S. § 711-1109.
While Hawaii has laws protecting against privacy invasions by way of drone surveillance for those in residential, private, or secluded areas, such provisions easily expand beyond residential properties and into public areas and businesses, thereby making the applicability of such laws in some contexts ambiguous at best.
What Happens If You Break Hawaii’s Drone Laws?
Violating drone laws in Hawaii can result in fines, criminal charges, or both that can amount to thousands of dollars as well as jail time. It is important for both residents and visitors to become acquainted with the significant penalties that accompany breaking any one of the numerous state and federal drone regulations.
Accredited by the Federal Aviation Administration (FAA), the Aloha state has been very strict when it comes to enforcing drone laws. The Hawaii Department of Transportation has even instructed officials to confiscate recorded drone footage if it falls under unlawful invasion of privacy or voyeurism.
Usually, violation of FAA drone regulations is civil and results in a fine. For example, the FAA issued a record $1.9 million penalty against SkyPan International, an aerial photography company, for flying drones and collecting 10,000 drone images in prohibited locations, including the Willis Tower in Chicago and the Golden Gate Bridge in San Francisco. The FAA also reached a $600,000 settlement with Flytenation, LLC, a drone publishing and media company, for more than 1,000 times of illegally flying drones at night and near major airports and violating temporary flight restrictions (TFR) set up during the 2017 Super Bowl and Presidential Inauguration.
Recently, the FAA proposed a $20,000 civil penalty against Real Labs Global and CEO of the company, as well as two separate $5,000 penalties against the chairman and chief financial officer of the company for operating drones without authorization from 2013 to 2015 during 65 flights, primarily on the East Coast. In addition, the draft consent orders in each case prohibit Real Labs and its owners from future drone usage unless authorized by the FAA.
These FAA penalties are usually broken down according to number of flights, but in December 2018, the FAA revoked the remote pilot certificate of a drone operator due to three different violations of the federal regulations, failing to yield the right of way, violate visual line of sight requirements, and allow the drone to operate at too high an altitude. The operational certificate is issued to pilots who pass a knowledge test and submit Health and Human Services (HHS) ongoings. Violation of the above-mentioned rules amounts to failure to comply with the FAA regulations, which can result in penalties.
Although drone operators will usually be given a warning first, repeat offenders risk facing severe consequences. The FAA does not yet have set penalties when it comes to drone law violations, which means that depending on the nature of the drone usage and the seriousness of the charges, some pilots may be subject to the full extent of penalties.
By law, all drones must be registered with the FAA prior to operation. The fee associated with drone registration is $5. Failure to register a drone is a federal offense that can amount to a fine of up to $27,202. A person convicted of violating drone registration regulations may be subject to civil penalty of no more than $27,222 or imprisoned for no more than three years.
A real threat to public safety, drone misuse can also cause property or personal damage, which means violators will also be subject to other local, state, and federal regulations.
How to Avoid Issues
When you’re out in beautiful Hawaii and have a drone ready to fly, you must be aware of safe ways to operate it. First and foremost, all the federal laws that apply everywhere also apply everywhere here in the Aloha State: 300 feet away from people, structures, and roads and not over them, under 400 feet above ground, not exceeding 100 mph, and not over cities, towns, and places where people congregate. Aside from those generic restrictions that apply nationally, there are a few more considerations that are specific to Hawaii.
We’re a bunch of really friendly people and want to keep it that way! That’s why flying drones is prohibited over or near our roaming goats and cattle, as well as our precious native plants that you won’t find anywhere else on the planet.
Also, we have weather that can be pretty unpredictable even on short notice, especially during the summer. What can be sunny in one spot can be raining just a few miles away. The last thing you want is for your drone to land in muddy grass knowing it’s going to be in the big blue dumpster in the morning. If you’re in Kula on Maui, the temperature on one side of the hill can be 90 degrees, and on the other side, it can be a cool 65 degrees. Keep an eye out because you may use up that battery pretty quickly when temps start to drop!
And if you’re on Kauai or Maui, remember that our neighbors down south are most sensitive to drone use, so be mindful of soaring above their lands and their coastlines. On Kauai, the only places not prohibited for drone use are Hanapepe and Lumaha’i beaches; so if you go anywhere else you could be facing criminal charges. In Maui, you’re not allowed to fly over the historic sites of Iao Valley National Park, Lahaina National Historic Landmark District, along Hana Highway, or Ke’anae (yes, that’s the cool little town you want to film all those nasty waterfalls).
Please watch out for moose! Oh wait, that’s Canada. Scratch that sentence.
The Future of Hawaii Drone Laws
As technology continues to advance, it is likely that Hawaii’s drone laws will evolve accordingly. Currently, the FAA is working on regulations that create a certification process for commercial drone pilots, and there are several bills at the state level and even on the national level regarding citizen use of drones.
Pending legislation in the State Legislature is expected to address whether drones can be used for various types of scientific data collection, as well as for various types of commercial purposes. Additionally, the FAA has yet to adopt the new Small UAS Rule, which is expected to allow manufacturers and commercial operators more freedom to operate drones that weigh up to 55 pounds. It is unclear how that rule will impact not only commercial operators , but also citizen operators of drones. Although the FAA has expressed hopes that its rule will preempt state and local law, what we have seen in other states is that local and state restrictions continue to operate in parallel with federal ones. As such, we can expect Hawaii’s laws to continue evolving over time, as technology permits, and as the legal landscape changes.
While caution is always warranted when it comes to operating a drone, the laws in Hawaii appear to be moving in a favorable direction, particularly for commercial use of drones. As always, interested parties should stay vigilant in watching for any developments, whether nationally, statewide, or locally.
