There is a discussion going on across the country about who can legally use a GPS to determine the location of man-made objects. For example, at the moment there is a bill before the New York Assembly that could be interpreted as proposing that using a device such as a GPS to determine the “location of man-made structures and other objects related thereto” would be restricted to licensed surveyors.

Backround

The following is quoted from an article (cached) entitled In Line with GIS: GIS and Surveying Issues, Part 2 by Rj Zimmer, LS:

“The following e-mail excerpts, reprinted with permission, are from Sara Frankenfeld, GIS Administrator for Warren County, New York.

“In New York in January 2002, the GIS Administrator for Warren County was contacted by an investigator from the New York State Education Department s Office of Professional Discipline regarding a complaint from a surveyor that the Warren County GIS Administrator was surveying without a license. The county was using a hand-held GPS unit to collect fire hydrant locations and plot them on a reference map. Two investigators from the New York Office of Professional Discipline met with the GIS administrator, the Warren County Planning Director, and the Warren County Attorney to discuss the matter. The investigators were unfamiliar with GPS and GIS, at that time, and were initially doing fact-finding concerning the complaint.

“Issue Not Yet Resolved

“In March, the investigators met with the Warren County representatives along with an attorney from the New York Office for Professional Discipline and a surveyor from the New York State Board of Licensed Engineers and Land Surveyors. The state s attorney informed the county at the beginning of the meeting, that after reviewing the facts in the case, they felt that the county was in violation of the state statues and that the county was practicing surveying without a license. However, in August, the investigators then informed the county that they had not developed evidence to support taking any disciplinary action against the county and were closing the case. They recommended that the county involve the County Engineer in any future GPS projects that the county pursues. The investigators also noted that the Office decides each case on an individual basis.”

Proposed Amendment

There is a bill now before the New York Assembly that proposes to amend the education law, in relation to the practice  of  land surveying.  Specifically it proposes to modify the act as follows (proposed changes in italic upper case):

“e. Making of surveys by professional engineers, except that the determination of real property boundaries, RIGHTS OF WAY, EASEMENTS, AND OTHER INTERESTS IN REAL PROPERTY AND THE LOCATION OF MAN-MADE STRUCTURES AND OTHER OBJECTS RELATED THERETO, may be done only by a licensed land surveyor;”

which could be interpreted as meaning that under this amendment the use of a device such as a GPS to locate man-made objects would be restricted to licensed surveyors.