Drone Law Blog


How to Get Your FAA Part 107 Drone Pilot License (1st-Time & Current Pilots)

drone-pilot-license-part-107-checklistThis page is a how-to guide on getting your Part 107 remote pilot certificate which has also been called all sorts of things such as a drone license, commercial drone license, UAV certificate, drone permit, drone pilot license, etc.

Do you need a pilot certificate to make money with a drone? 

Yes, you need the Part 107 remote pilot certificate is the certificate you NEED to make money.

This guide is based upon my knowledge as a current FAA certificated flight instructor (CFI & CFII) and aviation attorney. There are two sections to this page: (1) instructions for first time pilots and (2) instructions for current manned aircraft pilots.

 

I created a free 100+ page Part 107 test study guide.  

(Include 5 “cram” summary pages and 41 sample Part 107 exam questions that are answered and explained.)

 

This is Part of a Series of Part 107 Articles:

commercial drone pilot license

 

You’ll have to take the exam at a knowledge testing center. Note: if you took a test on the FAA’s website and received a certificate like what is on the right, this is NOT a Part 107 initial knowledge test for new pilots. That test is only for current manned aircraft pilots transitioning over to drones.

 

The correct term is remote pilot certificate, but throughout this article I will be referring to the remote pilot certificate and drone pilot license interchangeably.

 

To obtain your drone pilot license you must:

  • Be at least 16 years old
  • Be able to read, speak, write, and understand English (exceptions may be made if the person is unable to meet one of these requirements for a medical reason, such as hearing impairment)
  • Be in a physical and mental condition to safely operate a small UAS
  • Pass the initial aeronautical knowledge exam at a FAA-approved knowledge testing center

 

Here is your immediate plan of action. Do these steps in the exact order of how they appear in this list:

  1. Immediately schedule a time to take the FAA Part 107 knowledge test at one of the testing sites. There are only two companies that offer the Part 107 exam: CATS and PSI/Lasergrade.
    1. Figure out which test site you want to take the test at. There are currently 696 of these centers around the world. Keep in mind that CATS is currently taking appointments while PSI is not. Also, CATS does a $10 off discount for current AOPA members. If you want to become a current AOPA student member, you can sign up here. 
    2. Find out the site ID so you know who to call. LAS = PSI/ Laser Grade  ABS = CATS
    3. Test option 1: CATS is registering and taking appointments for the test!
      • CATS – call and get an appointment for a date ASAP. The first day to take the test is August 29th. Two phone numbers (Try in this order):
        • This is their main testing number. Call 1-800-947-4228 and press 3. Monday through Friday
          5:30 AM PST to 5:00 PM PST Saturday & Sunday
          7:00 AM PST to 3:30 PM PST
    4. Test option 2: PSI/Lasergrade(August 13) Is also registering people for the Part 107 initial knowledge exam
      •  Call 1-800-211-2754 or  1-800-733-9267 to register for your test.
  2. Start studying. I created free 100+ page Part 107 test study guide. The study guide has the material the FAA suggested you study, but I added essential material they left out. It also comes with 41 sample Part 107 exam questions that are answered and explained. Think of it as your “personal trainer” for Part 107 to get you into a lean mean testing machine. You can read the Part 107 test study guide online or you can sign up for the free drone law newsletter below and be able to download the PDF to study on the go.

Sign up for the Newsletter to Receive Important Updates and Articles.

  1. Now that you know what the rules are, make a business plan for operations under Part 107. Go back and skim over the Part 107 Summary and read about Part 107 waivers (COAs). You might want to branch out into non-107 types of operations.
  2. Once you have figured out what types of industries and operations you plan on doing, you should spend this time:
    • Building or updating your website.
    • Buying the aircraft or practicing flying your current aircraft.
    • Obtaining insurance for the aircraft that will perform the operations.
    • Finding an attorney for each of the particular areas of law listed below. You may not need the lawyer right away but you have time to calmly make decisions now as opposed to rapidly making decisions in the future when your business is growing. You won’t have time in the future as you do now. Put their numbers in your phone. Ideally, you should have a retainer/ billing relationship set up to get answers rapidly.
      • Business / tax – (Preferably both)
      • Aviation – Contact me to get things set up. Remember. I’m not your attorney until you sign an attorney-client agreement!)
      • Criminal – (in case you get arrested because of some drone ordinance you stumbled upon).
  1. Take the Part 107 initial knowledge test.
  2. Complete FAA Form 8710-13:
    • By filing out the paper based version of FAA Form 8710-13 and mailing it off  OR
    • Online for a remote pilot certificate (FAA Airman Certificate and/or Rating Application) using the electronic FAA Integrated Airman Certificate and/or Rating Application system (IACRA).
        • Login to IACRA with your username and password. If you don’t remember them, follow the “Forgot Username or Password” link.
        • Applicant Console
          • From the Applicant Console, you can start new applications and view any existing applications. Click Start New Application
          • Select ‘Pilot’ from the Application Type dropdown list. This will now show the different types of pilot certificates IACRA has available.
          • Click on Remote Pilot. Starting a Remote Pilot Application
        • The Application Process page will open, and the Personal Information section will be open. This section will be prepopulated with the information you entered when you registered. If no changes are needed, click the green Save & Continue button in the bottom of this section.
        • The Supplementary Data section will open. Answer the English Language and Drug Conviction questions. If you would like to add comments to you application, you can do so here. Click Save & Continue.
        • The Basis of Issuance section will open.
          • Enter all the information related to your photo ID. A US passport or US driver’s license is preferred.
          • Enter the knowledge test ID in Search box. PLEASE NOTE : It can take up to 72 hours after you take your knowledge test before it is available in IACRA. When you find the test, click the green Associate Test button. Now click Save & Continue.
        • The Review and Submit section will open.
          • Answer the Denied Certificate question.
          • Summary information info will be displayed.
          • You must view the Pilots Bill of Rights, Privacy Act and Review your application before you can continue.
        • Sign and Complete
          • You should now sign the Pilots Bill of Rights Acknowledgement form.
          • Sign and complete your application.
          • Your application is now complete and will be automatically sent to the Airman Registry.
          • After 2-4 days, your temporary certificate will be available in IACRA. You will also receive an email reminder.
          • Your permanent certificate will arrive by mail.

Click next to see how current manned aircraft pilots can obtain their Part 107 drone pilot license.

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11 Big Problems with the FAA’s Mandatory Drone Registration

  • The DOT’s Announcement Can Be Viewed Here.
  • The FAA’s request for comments is here.
  • The underlying FAA report of drone sightings is located here.
  • The Academy of Model Aeronautics responded to the report with an analysis located here.

Second Update: An individual took the time and responded to this post. I posted my reply at the bottom.

 

Update: Just to clarify, my point is not to “troll” the FAA, I think geofencing will produce far better results by preventing problems as opposed to pointing to who might have done it after something has happened. The uneducated new recreational flyers are the ones I believe causing the problems. Having manufacturers voluntarily “lock” the drones until an unlock access code is provided after an introductory ground school would produce better results. One way to sweeten the pot is not just provide “how to fly safely” video tutorials but also “how to get that awesome shot” tutorials. Education, not enforcement is a better strategy. If anyone higher-up in the FAA is reading this, please contact me so I can help you promote safety in the national airspace. 🙂

 

Note: The FAA DID publish their drone registration regulations. I wrote an in-depth article on Why the FAA’s Drone Registration Requirements Are ILLEGAL

 

Oklahoma City is where aircraft registration gets processed. The aircraft registration process still involves carbon copy forms, which must be filled out perfectly and sent in for an aircraft to be registered. They are extremely, I mean extremely, picky on registration based upon my experience. (If you need help with registration, contact me.) If the paperwork is completed correctly, they will send you back an “N” registration which is required to be displayed on the aircraft. The reason for the “N” is the aircraft is tied to the country it operates in. (Think of license plates where the state is listed on the plate.) N = United States, C or CF = Canada, XA, XB, or XC = Mexico, B= China, JA= Japan, SU= Egypt, etc. The complete list is here at 4-1-1.  So N12345 is a U.S. registered aircraft while XA12345 is a Mexican registered aircraft.

 

Current Registration Requirements for Drones:

Commercial drone operators are required to obtain a 333 exemption or fly under Part 107. The exemptions being given out say, “All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.” This is in addition to the manned aircraft which are registering with the FAA.  This is currently ONLY for commercial drones while recreational drones are not required to register their drones.

 

Proposed Registration:

“The Department of Transportation is reviewing whether the FAA has the authority to require drones be registered at their point of sale, Transportation Secretary Anthony Foxx told CBS News on Friday.”[1]

 

Furthermore, Senator Feinstein’ s “Consumer Drone Safety Act’’ requires “that a consumer drone be detectable and identifiable to pilots and air traffic controllers, including through the use of an identification number and a transponder or similar technology to convey the drone’s location and altitude[.]”[2]

 

Moreover, Cory Booker’s Commercial UAS Modernization Act prohibits the operations of commercial small unmanned aircraft “unless the owner has registered the aircraft under section 3(a) of the Commercial UAS Modernization Act.”[3]

 

In the FAA’s explanations in the Notice of Proposed Rulemaking (“NPRM”) regarding unmanned aircraft it said, “The FAA’s statute, [49 U.S.C. 44101], prohibits the operation of an aircraft unless the aircraft is registered. Pursuant to this statutory prohibition, this proposed rule would require small unmanned aircraft to be registered with the FAA using the current registration process found in 14 CFR part 47.” The NPRM later showed the proposed rule, “No person may operate a civil small unmanned aircraft system for purposes of flight unless[,] . . . [t]he small unmanned aircraft being operated has been registered with the FAA . . . .”[4]

 

Just today NBC announced, “The federal government will announce a new plan requiring anyone buying a drone to register the device with the U.S. Department of Transportation[.]”[5] Just FYI, the DOT supervises the FAA which explains why they are involved.

 

The clear trajectory of all this is that commercial drone aircraft will be required to be registered and possibly also recreational aircraft. This presents interesting problems so let’s dive into the facts.

 

Sales:

Bloomberg indicated that “Amazon is selling more than 10,000 drones a month[.]”[6] 3DR “is expected to top $40 million in sales in 2015, which would roughly translate to about 53,000 units”[7] and in 2014, “DJI sold about 400,000 units–many of which were its signature Phantom model–and is on track to do more than $1 billion in sales this year, up from $500 million in 2014.”[8]

 

On top of the drone sales, manned aircraft have been sold and already use some of the N numbers. For 2012, it was estimated that there were 209,034 aircraft in general aviation.[9]

 

The Proposed Laws and Regulations Intersecting with the Forecasted Sales.

Let’s get into the math. Let’s assume that all drones have to be registered. How many different combinations are possible?

 

“All U.S. civil aircraft registration numbers are prefixed by an N. The registration number, apart from the N prefix, is made up of one to five symbols, the last two of which may be alphabetical. This alphabetical suffix must be preceded by at least one numerical symbol. The lowest possible number is N1. A zero never precedes the first number. For example: N1 through N99999, all symbols are numeric. N1A through N9999Z, single alphabetical suffix. N1AA through N999ZZ, double alphabetical suffix. Note: To avoid confusion with the numbers zero and one, the letters O and I are never used as alphabetical suffixes.”[10]

 

This is how the math works out. Yes, I had to go to my friend who is an actuary to help with this. 🙂 Here is what he said:

For 1 symbol: 1 through 9 can be used so= 9
For 2 symbols: (1 thru 9) and (digits 0-9 and 24 letters)= 9×34=306

For registration numbers of length three or more we have to break it into cases:
Case I: The next-to-last symbols is a NUMBER
Case II: The next-to last symbol is a LETTER
And we remember the rule that a letter can not precede a number.

For 3 symbols:
Case I: (1 thru 9) and (digits 0-9) and (digits 0-9 and 24 letters)= 9x10x34=3060
Case II: (1 thru 9) and (24 Letters) and (24 letters)= 9x24x24=5184

For registration numbers of length 4 or 5 we remember that only the last two symbols can be letters

For 4 symbols:
Case I: (1 thru 9) and (digits 0-9) and (digits 0-9) and (digits 0-9 and 24 letters)= 9x10x10x34= 30600
Case II: (1 thru 9) and (digits 0-9) and (24 Letters) and (24 letters)= 9x10x24x24=51840

For 5 symbols:
Case I: (1 thru 9) and (digits 0-9) and (digits 0-9) and (digits 0-9) and (digits 0-9 and 24 letters)= 9x10x10x10x34 = 306000
Case II: (1 thru 9) and (digits 0-9) and (digits 0-9) and (24 Letters) and (24 letters)= 9x10x10x24x24= 518400

Adding up all possibilities gives 915,399 total possible registration numbers.

 

The reason for the 34 is 10 numbers + 25 letters. The letters I and O cannot be used because they can be confused with the numbers 1 and 0.

 

Further compounding this problem is “A Certificate of Aircraft Registration issued under this paragraph expires three years after the last day of the month in which it is issued.” 14 CFR 47.40(a)(3).

 

Moreover, it is easier to register a drone than transfer registration. If you crash the drone, you’ll have crazy headaches trying to transfer registration of the N-number to the new drone as opposed to just registering a new N number.

 

At this pace, we are going to run out of N numbers in the future.

Proposed Solutions

  • Open up the first 3 spaces to allow also the use of letters. (The FAA must go through the rule making process for this but it is unclear how this would work with the FMRA).
  • Require re-registration of a drone every year. (Currently it is every 3 years as per regulation. This needs to be changed via the rule making process but still the FMRA might cause problems.)
  • Make the N number registration transfer easy so people just don’t keep registering drones. (This can be solved by some type of internet portal as opposed to the difficult paper process now.
  • Add an additional 6th space or 7th (still must go through the rule making process)

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Why the FAA’s Drone Registration Requirements Are ILLEGAL

This article lays out an in-depth discussion as to the three big reasons why the FAA’s FAR Part 48 drone registration regulations are illegal and should be struck down by a court. The registration regulations are currently being challenged in the D.C. Circuit Court of Appeals by John Taylor and I am assisting him with the lawsuit.

 

Key Point of the Rule:

Persons owning small unmanned aircraft, whether intended to be used as model aircraft or as other than model aircraft, are required to register those aircraft with the FAA[.]” “This rule applies to all owners of small unmanned aircraft which weigh more than 0.55 pounds and less than 55 pounds on takeoff.” It goes into effect Dec 21, 2015. If you do not comply, you could face civil penalties up to $27,500 and criminal penalties of $250,000[1] and/or imprisonment up to 3 years.[2]

 

While the electronic means of registration seems great and would be a wonderful thing for my commercial drone clients, the issue is NOT with the proposed regulations but (1) the apparent direct violation of Section 336 of the FMRA, (2) the improper use of the “good cause” bypass exception to the Administrative Procedures Act, and (3) the lack of statutory authority.

 

 

1. The Violation of Section 336

Section 336 of the FAA Modernization and Reform Act of 2012 says:

IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft[.]” The key word here is “any” and the major take away is that it prevents the promulgation of new rules or regulations, not the using of already existing regulations (i.e. Part 47 and § 91.203).The FAA believes that model aircraft operators are now subject to 91.203 which requires the drone to be registered prior to operation in the national airspace.

 

FAA responded to the Section 336 prohibition allegation in the registration rule document:

The FAA disagrees with the comments asserting that the registration of model aircraft is prohibited by section 336 of Public Law 112-95. While section 336 bars the FAA from promulgating new rules or regulations that apply only to model aircraft, the prohibition against future rulemaking is not a complete bar on rulemaking and does not exempt model aircraft from complying with existing statutory and regulatory requirements. As previously addressed, Public Law 112-95 identifies model aircraft as aircraft and as such, the existing statutory aircraft registration requirements implemented by part 47 apply.

 

This action simply provides a burden-relieving alternative that sUAS owners may use for aircraft registration. Model aircraft operated under section 336 as well as other small unmanned aircraft are not required to use the provisions of part 48. Owners of such aircraft have the option to comply with the existing requirements in part 47 that govern aircraft registration or may opt to use the new streamlined, web-based system in part 48.”’[3]

Alternative or a New Regulation?

If this is a “burden-relieving alternative[,]” why does the rule seeks to amend the non-alternative current rules in Part 1, § 45.1, § 47.2, § 47.3, § 47.7, § 91.203, § 375.11, and § 375.38? This rule is a new rule coupled with multiple regulations being amended so as to harmonize the new rule in Part 48.

 

One key point is that this is being codified in Part 48 of the Code of Federal Regulations which brings us squarely back to the issue of the prohibition on the creation of rules or regulations.

What Does Section 336 Actually Prohibit?

If it is “not a complete bar on rulemaking[.]” what is it a bar actually on? It has to be a bar on something and it would be completely ludicrous to interpret it as a bar on nothing. The FAA’s interpretation is that it is a bar on “some” rulemaking, just not “any.” The scope of “some” is completely unclear.

“Any” = “Some?”

Context is king. “Statutory construction . . . is a holistic endeavor. A provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme — because the same terminology is used elsewhere in a context that makes its meaning clear, or because only one of the permissible meanings produces a substantive effect that is compatible with the rest of the law.[4] We must not seek the FAA’s interpretation of this statute, but Congress’ meaning of the FMRA.

 

Let’s look at the word “any” used elsewhere in Sections 331-336 of the FMRA and replace “any” with the FAA’s interpretation of “some” and see what happens.

“[E]nsure that any [some] civil unmanned aircraft system includes a sense and avoid capability[,]”[5]

“[I]ncorporation of the plan into the annual NextGen Implementation Plan document (or any [some] successor document) of the Federal Aviation Administration.”[6]

IN GENERAL.—Notwithstanding any [some] other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.”[7]

“[W]hich types of unmanned aircraft systems, if any [some], as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security[,]”[8]

“[O]utside of 5 statute miles from any [some] airport, heliport, seaplane base, spaceport, or other location with aviation activities.”[9]

IN GENERAL.—Notwithstanding any [some] other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any [some] rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft,”[10]

“[T]he aircraft is operated in a manner that does not interfere with and gives way to any [some] manned aircraft[.]”[11]

 

Using the redefined “any” causes havoc on the reading of the text. The context of all those sections using “any” used it just as if they would have used the word “all.”

 

Though not as contextually persuasive as Sections 331-336, 14 CFR § 1.3 Rules of Construction differs from the FAA’s interpretation, ‘“a person may not * * *” mean[s] that no person is required, authorized, or permitted to do the act prescribed[.]”’ Why did I bring up § 1.3? Because that rule of construction applies to 91.203 which is going to be the regulation cited against individuals flying their drones unregistered, “no person may operate a civil aircraft unless it has within it the following: The FAA’s interpretation of Section 336 “may not promulgate any[,]” meaning some rules or regulations, is different than their interpretation of 91.203 “no person may[,]” meaning all persons, which is currently being used against one individual, Skypan, and will be used against any future individuals who choose to not register their drone prior to operation.

 

Does Any Mean Any Any Time?

The Second Federal Circuit Court of Appeals has said:

As the Supreme Court has frequently observed, use of the word “any” in statutory text generally indicates Congress’s intent to sweep broadly to reach all varieties of the item referenced. See, e.g., United States v. Gonzales, 520 U.S. 1, 5, 117 S.Ct. 1032, 137 L.Ed.2d 132 (1997) (quoting Webster’s Third New International Dictionary 97 (1976) in concluding that, ‘[r]ead naturally, the word `any’ has an expansive meaning, that is, `one or some indiscriminately of whatever kind'”); accord HUD v. Rucker, 535 U.S. 125, 131, 122 S.Ct. 1230, 152 L.Ed.2d 258 (2002) (same); Ruggiero v. County of Orange, 467 F.3d 170, 175 (2d Cir.2006) (noting that “Congress made [the phrase at issue] even broader when it chose the expansive word `any’ to precede the list” (internal quotation marks omitted)). The Court most recently applied this principle in interpreting the phrase “`any air pollution agent or combination of such agents, including any physical, chemical . . . substance or matter which is emitted into or otherwise enters the ambient air'” in the Clean Air Act. Massachusetts v. EPA, ___ U.S. ___, 127 S.Ct. 1438, 1460, 167 L.Ed.2d 248 (2007) (quoting 42 U.S.C. § 7602(g)) (ellipsis and emphases in original). It concluded that “[o]n its face,” the quoted language “embraces all airborne compounds of whatever stripe, and underscores that intent through the repeated use of the word `any.[12]

 

The United States Supreme Court has said:

‘[A]ny’ can and does mean different things depending upon the setting. Compare, e. g., United States v. Gonzales, 520 U. S. 1, 5 (1997) (suggesting an expansive meaning of the term “`any other term of imprisonment'” to include state as well as federal sentences), with Raygor v. Regents of Univ. of Minn., 534 U. S. 533, 542-546 (2002) (implying a narrow interpretation of the phrase ‘any claim asserted’ so as to exclude certain claims dismissed on Eleventh Amendment grounds). To get at Congress’s understanding, what is needed is a broader frame of reference, and in this litigation it helps if we ask how Congress could have envisioned the . . . clause actually working. . . . See, e. g., New Jersey Realty Title Ins. Co. v. Division of Tax Appeals of N. J., 338 U. S. 665, 673 (1950) (enquiring into ‘the practical operation and effect’ of a state tax on federal bonds).[13]

 

Contexts indicates that Congress practically intended that model aircraft would be free from the creation of rules or regulations. This is evidenced by sub-section (b) which says, “STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.”[14] The only thing in all of Section 336 that could even be read to limit the FAA is the language “may not promulgate[.]”

 

Buttressing that, sub-section (c) defines “model aircraft” more narrowly than the definition of unmanned aircraft in Section 331 which indicates that it is a “special” sub-classification of the broad classification of unmanned aircraft. This all points to Congress intending to mean any any time it is used in Section 331-336.

 

In conclusion, the United States Supreme Court, while acknowledging that any could mean different things, it is generally to be taken as a broad sweep of the category, unless context indicates otherwise. Furthermore, context indicates that sub-section (b) and (c) both look at (a) as providing something special that unmanned aircraft (non-model and public aircraft) do not get.

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Drone Crash-What Do I Do After I Crash My Drone?

 

 

crashed droneIf you crashed a drone, there are reporting requirements. Below we will discuss the reporting requirements you make to the FAA and the reporting requirements you make to the National Transportation Safety Board (“NTSB”) following a drone crash. Just to be clear, this whole page does NOT apply to Part 101 model aircraft. 

 

Quick Info:

  • “Contact the NTSB’s 24-hour Response Operations Center (ROC) at 844-373-9922 to file a report. A phone call is sufficient initially, but a written follow-up may be required.”
  • FAA REGIONALOPERATIONS CENTERS. LOCATION WHERE ACCIDENT OCCURRED:
    • DC, DE, MD, NJ, NY, PA, WV, and VA 404-305-5150
    • AL, CT, FL, GA, KY, MA,ME,MS, NC, NH, PR, RI, SC, TN, VI, and VT 404-305-5156
    • AK, AS, AZ, CA, CO, GU, HI, ID, MP,MT, NV, OR, UT, WA, and WY 425-227-1999
    • AR, IA, IL, IN, KS, LA, MI,MN,MO, ND, NE, NM, OH, OK, SD, TX, and WI 817-222-5006
  • The FAA also has a website where you can report a crash.
  • NASA AVIATION SAFETY REPORTING SYSTEM
  • Note that the NTSB’s definitions of accident and unmanned aircraft accident and the FAA’s definition of accident in 107.9 are ALL different. It would have been a good idea for the FAA to just match up the definitions of 107.9 to 830.2 to keep things simple.
  • Keep in mind that this article is primarily focusing on Part 107 operations, NOT  Section 333 exemption operations, but most 333 exemptions have a provisions that requires notification to the FAA UAS Integration Office and NTSB so this article is still very relevant although some the requirements might differ. The language of the exemption and Blanket COA supersedes these requirements.

Times:

  • Mandatory:
    • Report an “accident” or “serious incident” (Part 830’s definitions) immediately to the NTSB Response Operations Center.
    • Send NTSB Form 6120.1 in within 10 days for an accident or 7 days for an overdue aircraft that is still missing. For a serious incident and if requested, send in the form. No time is mentioned in 830.15.
    • Notify the FAA within 10 days of the occurrence of an accident (107.9 “accident”).
  • Voluntary:
    • “NASA Form” is within 10 days of the violation.

 

During this 10 day period, you have time to call an attorney to help in figuring out how best to handle the situation and what to say in your report.

Don’t want to read? Watch the video of this article!

 

 

crashed cinematography drone

Who is the NTSB? How Are They Different than the FAA?

crashed drone 2“The NTSB is an independent federal agency, charged by Congress to investigate transportation accidents, determine probable cause, and issue safety recommendations to prevent similar accidents. The agency’s scope extends beyond aviation crashes, as it also investigates selected rail, marine, highway, and pipeline accidents, as well as those involving transportation of hazardous materials.”[1] The NTSB is COMPLETELY separate from the FAA. “The primary role of NTSB is improving safety of our nation’s transportation system. The agency determines the probable cause of accidents and issues safety recommendations to prevent similar occurrences. It does not determine fault or liability. In fact, according to 49 U.S.C. § 1154(b), ‘No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.’”[2]


In addition to doing investigations, the NTSB can judge appeals of FAA enforcement actions brought against manned aircraft pilots and drone pilots. There are two levels of appeal with the NTSB: (1) the administrative law judge level (ALJ) and (2) the full board of NTSB members. Some of you might remember the Pirker case. The Pirker case was initially won at the ALJ level, but on appeal to the full NTSB Board, was remanded back to the ALJ to determine if Pirker’s flight was careless and reckless.

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Don’t Drink and Drone – FAA Regulations on Drones & Alcohol

drink-drone-faa-alcohol-regulationsI thought I should write an article to educate individuals on one of the lesser known regulations regarding flying drones and drinking. This article will address first the commercial drone operators and then the recreational drone or model aircraft operators.

 

The FAA is really focused on preventing people from droning under the influence of either alcohol or drugs.

 

Commercial Drone Operators Using Alcohol or Drugs

 

Commercial drone operators are either operating under Part 107 or under a Section 333 exemption.

 

Part 107 

14 CFR 107.27 says,

“A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer must comply with the provisions of §§91.17 and 91.19 of this chapter.”  Part 107 incorporates Part 91 by reference. Part 107 does this also with the temporary flight restriction provisions.

 

Let’s now look at the other way commercial drone operators can legally fly.

 

Section 333 Exemptions

The Section 333 exemptions were updated in November 2016 and include, “Unless otherwise specified in this exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 48, 61, and 91.”

 

Remember that when operating under a Section 333 exemption, you are really operating under all of the other Parts of the federal aviation regulations besides Part 107. If you comb through them all, you’ll find the same two regulations that were referenced by Part 107 – 91.17 and 91.19.

 

Let’s dive into what 91.17  and 91.19 says.

 

14 CFR Sec. 91.17 says,

(a) No person may act or attempt to act as a crewmember of a civil aircraft—

(1) Within 8 hours after the consumption of any alcoholic beverage;

(2) While under the influence of alcohol;

(3) While using any drug that affects the person’s faculties in any way contrary to safety; or

(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.

. . . . 

(c) A crewmember shall do the following:

(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—

(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and

(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.

(2) Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen.

(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.

(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person’s qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.

 

Can You Give Me Some Real World Scenarios How People Could Violate the Regulation?

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Amazon Drone Delivery – 3 Major Legal Problems with Amazon Prime Air

I’m going to briefly discuss some of the background to this drone delivery buzz, why privacy won’t be an issue to drone delivery, what really is going on, and then dive into the three major legal problems with Amazon Prime Air becoming a reality for Americans.

Don’t want to read? Watch or listen to the article while you are doing something!

Brief Background on the Drone Delivery Craze

 

Drone delivery has been all over the news with Amazon being the first to announce the projected use of drones to make deliveries. Others have followed the trend and announced deliveries such as the drone burrito delivery, the drone pizza delivery, etc.

 

In 2015, Dave Vos, the former head of Google’s Project Wing, said to an audience, “Our goal is to have commercial business up and running in 2017[.]”  Fedex, UPS, DHL, Walmart, and everyone including your grandma’s dog has announced they are interested in drone delivery. Then, as if we hadn’t enough drone delivery buzz, Amazon published on December 14, 2016 a video showing their first customer delivery using a drone.

 

amazon-prime-air-drone-deliveryDrone delivery is really a small portion of the drone market, but thanks to Amazon, it is the “face” of the commercial drone industry. This has gone a long way to clean up a lot of the public stigma about the drone industry. On the topic of drones, people tend to think of Amazon delivery, not predator drones. Kudos to you Amazon for changing that.

 

The idea of drone deliveries in general is not only just delivering potato chips but also for more legitimate humanitarian purposes. A great example of this is the company Matternet, which partnered with UNICEF to do drone delivery in Malawi with the end goal of developing low-cost delivery of blood samples from children to be tested so medical drugs can be given to them when needed and in time. Drones – they can save money, time, and lives.

 

 

………and it isn’t because of one of the most frequently raised issues – privacy.

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Practice Part 107 Test Questions for the Remote Pilot Knowledge Test

These practice Part 107 test questions are designed to be very hard. The questions are the “fill in the blank” type to force you to study. Remember that I have a “beginner” article answering and explaining the 41 other FAA Part 107 sample questions that the FAA issued. These questions are designed to be taken AFTER you have studied those other 41 questions.

This is a great opportunity for you and your study buddies to dig around and find these answers .The answers are there, you just have to find them. 🙂 I would highly suggest going back to the resources listed in the Free Part 107 Test Study Guide For FAA Remote Pilot Airmen Certificate.  Ctrl + F, appendix, index, table of contents, etc. are your friends.

This is like what baseball players do before they go to bat. They practice with a heavy weight on the bat. The same thing applies here. You most likely will not get all the questions below. I would be happy if you just get like 5 of them. That is OK. Do not get discouraged.

The point of this test is to force you to get familiar with searching for answers.  

Helpful Part 107 Articles

Sample Part 107 Practice Exam Questions

  1. Give an example of where you can fly in Class E without a waiver or authorization.
  2. You are flying in Alaska. How long can you fly after sunset provided you have the proper equipment? How long can you fly after sunset if you are operating under a 333 exemption? (Hint: see my article on this). Which is better?
  3. To fly in civil twilight in Alaska, you want to use a strobe that is visible for 3 nautical miles. The light is powered by a 2nd separate LiPo battery from the main drone. Is this legal?
  4. Explain the differences between the three completely different dashed magenta lines. What do they mean?part-107-sectional-chart-magenta-dashed-lines
  1. Part 107.39 says, “No person may operate a small unmanned aircraft over a human being unless that human being is: (a) Directly participating in the operation of the small unmanned aircraft; or (b) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.” The FAA gave 4 specific examples of people directly involved in the operation of the unmanned aircraft in the preamble to the final rule. Can you legally fly over the gimbal operator? What about an actor who has consented?
  2. What does the AHP stand for?army-heliport-sectional-chart-part-107-sample-test-question
  1. You’ll see this picture somewhere on the legend in your sectional charts. What is the significance of 8,069? Why are some airports outlined while others are in a circle?8069-hard-surfaced-runway-part-107-test-question
  2. How long are sectional charts good for?
  3. How long are chart supplements valid?
  4. What is the difference between a chart supplement and an airport facility directory?
  5. If you call up 1800-WX-BRIEF and ask for a standard briefing, they can give you the NOTAMS. What NOTAMS will they NOT give you unless you specifically ask for them?
  6. You are supervising a person flying your drone and you are operating under Part 107. He does not have a remote pilot certificate. Give me an example of where it would not be legal and three where it WOULD be legal.
  7. Following on question 12, can the person flying the drone under the supervision of the remote pilot be 15 years old?
  8. How high can you fly the drone above these towers? Why?class-c-airport-part-107-practice-test-question

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4 Big Updates to Many FAA Section 333 Exemptions

faa-section-333-exemption-updated5,529 FAA Section 333 Exemption were updated  (36 pages of docket numbers) with a blanket exemption amendment. This is great news as it provides many exemptions with new capabilities which were not possible before.  The FAA has slowly been updating things such as when they updated the blanket COA and when they changed the format of the “stock 333” around 3/7/2016.

Note: this update is only for those listed on those 36 pages who already had an exemption granted. If your petition for exemption was never granted, this does NOT apply to you. This is only for those who obtained an exemption.

Also, make sure you sign up for the newsletter below. I’m rewarding my newsletter subscribers with important information first before I publish things on social media.

Sign up for the Newsletter to Receive Important Updates and Articles.

Important Points of the FAA Section 333 Exemption Update

Don’t want to read? Listen or watch the video while you are doing something! 

 

1. Registration Under Part 48

Many can now register via Part 48 or Part 47. Some of the older 333’s were ONLY Part 47. This is great as the Part 47 registration method is a pain to do. Please remember that the Part 48 registration database is being challenged in the D.C. Circuit Court of Appeals by John Taylor. I’m helping him with the case and I think there are good reasons why the regulations were illegal and should be thrown out. See my article explaining why the regulations were illegally created. If John Taylor is successful, the registration database will be thrown out.

2. “Super List” of UA

The FAA created a giant list of approved aircraft. The FAA became tired of granting 333 exemption amendment requests to add aircraft. To solve this once and for all, the FAA approved the exemption holder for whatever was on the list. The FAA just kept updating the list over time and this met the needs of many; however, if you were granted an exemption prior to around May 2015, you most likely did not have the “super list” provision in your 333 exemption. The super list is specifically listed in docket FAA-2007-3330. Keep checking it as it is continually being updated to add on new aircraft. You should print it out and keep it with you as part of your operating documents.  Make sure your aircraft is located on it!

 

3. Flight Instruction is Allowed

Great job on doing this FAA! This will help promote safety and a culture of professionalism in the drone industry. I always made it a point to tell my flight students working on their private pilot certificates that their certificate was only a certificate allowing them to legally go out and accidentally kill themselves. It was really a license to learn, not to get cocky and start playing “Highway to the Danger Zone.” I instilled in them the need for safety. Additionally, flight instructors are role models for their students and we all know the drone community needs more pros, and less bros.

For a long time, only Kansas State had a 333 exemption that allowed flight instructing. The FAA has subsequently granted some 333 exemptions; however, all the older exemptions would have to petition for amendment to do instruction.

Why would this be beneficial? One example I know of is a large company that has protocols figured out and implemented for 333 exemption operations while they haven’t figured out how to operate under Part 107. Large battleships turn slowly. Another example is where a company has certain COA approvals for controlled airspace they obtained a long time ago. They would rather operate under those COAs than risk trying to obtain a newer airspace authorization. I can understand that. The FAA has been slow at things in the past; however, the FAA does seem to be making great strides in getting the airspace authorizations and waivers approved faster. The most recently granted night waivers were around 30 days from start to finish. One was super-fast at 13 days later; however, there are a few that are past 30 days waiting for the FAA. The one thing that is consistent is the different processors in the waiver and authorizations departments work at different paces.

 

4. Foreigners (Non-U.S. Citizens or Non-Permanent Residents)

The older 333 exemptions did not have a provision to allow the operation of foreign civil aircraft which is “(a) an aircraft of foreign registry that is not part of the armed forces of a foreign nation, or (b) a U.S.-registered aircraft owned, controlled or operated by persons who are not citizens or permanent residents of the United States.” See 14 CFR § 375.1 (emphasis mine). Now you can obtain a Foreign Aircraft Permit to allow a foreigner to operate under the 333.

 

Things NOT Changed In the FAA Section 333 Exemption Update

Still Sport Certificate or Higher

Unfortunately, you still must have a sport certificate or higher. A 107 Remote Pilot Certificate or student certificate will NOT work. One thing you might want to consider is if you do have a sport license or higher, doing work in the 333 exemption only aircraft area because that area will have less competition. 55 pound and heavier operations cannot be done under Part 107 but can be done by a 333 exemption. It may be a smart business idea to start focusing on offering 55 pound and heavier services, such as when you need to use a 55 pound+ crop duster, a heavy rig drone for cinematography, etc. for the service. You might be able to command higher profit margins since there are few legal alternative options for clients.

 

Does NOT Extend Previous 333 Expiration Date

The exemption says, “This exemption terminates on the date provided in the petitioner’s original exemption or amendment most recently granted prior to the date of this amendment, unless sooner superseded or rescinded.” Big bummer. If you are interested in hiring me to renew your older 333, contact me.

Side by Side Comparison of the Different FAA Section 333 Exemption Provisions

Please keep in mind that I picked the latest stock 333 for comparison. The exemptions have morphed over the years so your 333 might differ from what is listed as a “stock 333.” Keep in mind that some of the provisions are the same but the number just changed.  Underlining and bold means something is new while bold and strikethrough means it was deleted.

Previous 

Updated 

Same1. The operator is authorized by this grant of exemption to use any aircraft identified on the List of Approved Unmanned Aircraft Systems (UAS) under Section 333 at regulatory docket FAA–2007–3330 at www.regulations.gov, when weighing less than 55 pounds including payload. Proposed operations of any aircraft not on the list currently posted to the above docket will require a new petition or a petition to amend this exemption.
Same2. If operations under this exemption involve the use of foreign civil aircraft the operator would need to obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 before conducting any commercial air operations under this authority. Application instructions are specified in 14 CFR §375.43. Applications should be submitted by electronic mail to the DOT Office of International Aviation, Foreign Air Carrier Licensing Division. Additional information can be obtained via https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers.
6. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

 

 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The operator may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
7. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

 

 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. This limitation is in addition to any altitude restrictions that may be included in the applicable COA.
23. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed COA.5. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations must be conducted in accordance with an ATO-issued COA. The exemption holder must apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed COA.
8. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.6. The Pilot in Command (PIC) must have the capability to maintain visual line of sight (VLOS) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on that individual’s FAA-issued airman medical certificate or valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government, to see the UA.
9. All operations must utilize a VO. The UA must be operated within the VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.7. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the VO at all times. The VO must use human vision unaided by any device other than corrective lenses to see the UA. The VO, the person manipulating the flight controls of the small UAS, and the PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. Students receiving instruction or observing an operation as part of their instruction may not serve as visual observers.
10. This exemption, the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory docket FAA–2007–3330 at www.regulations.gov, and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office may be contacted if questions arise regarding updates or revisions to the operating documents8. This exemption, the List of Approved Unmanned Aircraft Systems (UAS) under Section 333 at regulatory docket FAA-2007-3330 at www.regulations.gov, all previous grant(s) of exemption, and all documents needed to operate the UAS and conduct its operations in accordance with the Conditions and Limitations stated in this exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the Conditions and Limitations in this exemption, the applicable ATO-issued COA, and the procedures outlined in the operating documents, the most restrictive conditions, limitations, or procedures apply and must be followed. The operator may update or revise its operating documents as necessary. The operator is responsible for tracking revisions and presenting updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its exemption. The FAA’s UAS Integration Office may be contacted if questions arise regarding updates or revisions to the operating documents.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and essential flight personnel only and must remain at least 500 feet from all other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
Same

 

 

10. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
Same11. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
Same as 14 and 15.12. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft

components. Each UAS operated under this exemption must comply with all

manufacturer safety bulletins.

3. PIC certification: Under this exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.13. PIC certification: Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
4. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner consistent with how it will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures before operating non-training, proficiency, or experience-building flights under this exemption. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b), however UAS pilots must not log this time in the same columns or categories as time accrued during manned flight. UAS flight time must not be recorded as part of total time.14. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner consistent with how it will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures before conducting student training operations. Flights for the pilot’s own training, proficiency, or experience-building under this exemption may be conducted under this exemption. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b), however, UAS pilots must not log this time in the same columns or categories as time accrued during manned flight. UAS flight time must not be recorded as part of total time.
15. Training: The operator may conduct training operations when the trainer/instructor is qualified as a PIC under this exemption and designated as PIC for the entire duration of the flight operation. Students/trainees are considered direct participants in the flight operation when manipulating the flight controls of a small UAS and are not required to hold any airman certificate. The student/trainees may be the manipulators of the controls; however, the PIC must directly supervise their conduct and the PIC must also have sufficient override capability to immediately take direct control of the small UAS and safely abort the operation if necessary, including taking any action necessary to ensure safety of other aircraft as well as persons and property on the ground in the event of unsafe maneuvers and/or emergencies for example landing in an empty area away from people and property.
Same

 

16. Under all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable Conditions and Limitations as prescribed in this exemption and ATO-issued COA, and operating in accordance with the operating documents. All training operations must be conducted during dedicated training sessions and may or may not be for compensation or hire. The operation must be conducted with a dedicated VO who has no collateral duties and is not the PIC during the flight. The VO must maintain visual sight of the aircraft at all times during flight operations without distraction in accordance with the Conditions and Limitations below. Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person without exception.
Same17. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
Same18. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
Same19. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least 1 mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.
Same20. For UAS operations where GPS signal is necessary to safely operate the UA, the PIC

must immediately recover/land the UA upon loss of GPS signal.

Same21. If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.
22. The PIC must abort the flight operation if circumstances or emergencies that could potentially degrade the safety of persons or property arise. The PIC must terminate flight operations without causing undue hazard to persons or property in the air or on the ground.22. The PIC must abort the flight operation if unpredicted circumstances or emergencies that could potentially degrade the safety of persons or property arise. The PIC must terminate flight operations without causing undue hazard to persons or property in the air or on the ground.
Same23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
24. All aircraft operated in accordance with this exemption must be registered in accordance with 14 CFR part 47 or 48, and have identification markings in accordance with 14 CFR part 45, Subpart C or part 48. For applicability and implementation dates of part 48 see 80 FR 78594 (Dec. 16, 2015).24. All aircraft operated in accordance with this exemption must be registered in accordance with 14 CFR part 47 or 48, and have identification markings in accordance with 14 CFR part 45, Subpart C or part 48.
Same25. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
26. The UA must remain clear and give way to all manned aviation operations and activities at all times.26. The UA must remain clear of and give way to all manned aircraft at all times.
27. The UAS may not be operated by the PIC from any moving device or vehicle.27. The UAS may not be operated by the PIC from any moving device or vehicle.
28. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the PIC, VO, and other consenting personnel that are directly participating in the safe operation of the UA.

b. Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS must be briefed on the potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations.

c. Same

d. Same

28. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating:

a. Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the student manipulating the controls, PIC, VO, and other consenting personnel that are directly participating in the safe operation of the UA.

b. Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS (including students in a class not manipulating the controls of the UAS), who must be briefed on the potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations.

c. Near nonparticipating persons: Except as provided in subsections (a) and (b) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons.

d. Near vessels, vehicles, and structures. Prior to conducting operations the operator must obtain permission from a person with the legal authority over any vessels, vehicles or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

Same29. All operations shall be conducted over private or controlled-access property with permission from a person with legal authority to grant access. Permission will be obtained for each flight to be conducted.
30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office within 24 hours. Accidents and incidents must be reported to the National Transportation Safety Board (NTSB) in accordance with 49 CFR § 830.5 per instructions contained on the NTSB Web site: www.ntsb.gov.30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) in accordance with its UAS accident reporting requirements.
SameFor operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and limitations apply:

31. The operator must have an operations manual that contains at least the following items, although it is not restricted to these items.

a. Operator name, address, and telephone number.

b. Distribution and Revision. Procedures for revising and distributing the operations manual to ensure that it is kept current. Revisions must comply with the applicable Conditions and Limitations in this exemption.

c. Persons Authorized. Specify criteria for designating individuals as directly participating in the safe operation of the UAS. The operations manual must include procedures to ensure that all operations are conducted at distances from persons in accordance with the Conditions and Limitations of the exemption.

d. Plan of Activities. The operations manual must include procedures for the submission of a written plan of activities.

e. Permission to Operate. The operations manual shall specify requirements and procedures that the operator will use to obtain permission to operate over property or near vessels, vehicles, and structures in accordance with this exemption.

f. Security. The manual must specify the method of security that will be used to ensure the safety of nonparticipating persons. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.

g. Briefing of persons directly participating in the intended operation. Procedures must be included to brief personnel and participating persons on the risks involved, emergency procedures, and safeguards to be followed during the operation.

h. Personnel directly participating in the safe operation of the UAS Minimum Requirements. In accordance with this exemption, the operator must specify the minimum requirements for all flight personnel in the operating manual. The PIC at a minimum will be required to meet the certification standards specified in this exemption.

i. Communications. The operations manual must contain procedures to provide communications capability with participants during the operation. The operator can use oral, visual, or radio communications as along as the participants are apprised of the current status of the operation.

j. Accident Notification. The operations manual must contain procedures for notification and reporting of accidents in accordance with this exemption. In accordance with this exemption, the operating manual and all other operating documents must be accessible to the PIC during UAS operations.

32. At least 72 hours prior to operations, the operator must submit a written Plan of Activities to the local FSDO having jurisdiction over the proposed operating area.

The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g., daily, every weekend), and what times of the day operations will occur. A new plan of activities must be submitted prior to each season or period of operations.

b. Same

c. Make, model, and serial or N-Number of each UAS to be used.

d. Same

e. Same

f. Same

g. A description of the flight activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation. In accordance with this exemption, the Plan of Activities and all other operating documents must be accessible to the PIC during UAS operations. A new Plan of Activities must be submitted should there be any changes to items (a) through (g).

32. At least 72 hours prior to operations, the operator must submit a written Plan of Activities to the local FSDO having jurisdiction over the proposed operating area. The Plan of Activities must include at least the following:

a. Dates and times for all flights. For seasonal or long-term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every weekend, etc.), and what times of the day operations will occur. A new plan of activities must be submitted prior to each season or period of operations.

b. Name and phone number of the on-site person responsible for the operation.

c. Make, model, and serial or FAA registration number of each UAS to be used.

d. Name and certificate number of each UAS PIC involved in the operations.

e. A statement that the operator has obtained permission from property owners.Upon request, the operator will make available a list of those who gave

permission.

f. Signature of exemption holder or representative stating the plan is accurate.

g. A description of the flight activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation.

 

How do I check my docket to see if I have this FAA Section 333 exemption amendment?

  1. Go to regulations.gov
  2. Type in your name.
    1. On the left hand side you can narrow your search by typing in the Agency section “FAA.”
  3. Find one of the pieces of paperwork you filed.
  4. Click the Open Docket Folder at the top left.
  5. Search your docket for the newest entry. It should be labeled “U.S. DOT/FAA – Decision/Amendment.”
  6. Click it and print out the PDF to keep with you as part of your operating documents.

 

Conclusion

This will help some of the older 333 exemptions holders be more flexible in their operations.  Please take the time to carefully read the restrictions as they apply to you. If you need help understanding the provision, you need to renew your older 333, or you want a Part 107 waiver or authorization, contact me.

 

Interested in flying under Part 107 instead of the Section 333 Exemption? Check out these resources!


Drone Law for Drone Training Educators, K-12 Schools, & Universities.

drone-law-education-teacher-professor-school

This article is written to help drone training educators and schools who offer drone training courses to understand the legal issues surrounding drones.

Why? We need drones in the schools to promote STEM education. Why am I all pro-STEM education? My wife and I ran a LEGO robotics business for a while where we taught physics and robotics. If you are an educator or school needing material, I have created a dedicated drone education resource page where I will continually add resources to help you in this area. 🙂

If you are setting up a drone program, you should check out my article 5 Problem Areas When Integrating Drones Into Large Companies as it brings up many questions that need to be answered by schools or universities setting up a drone program.

Don’t want to read? Watch or listen to the article here while you are doing something.

 

I. Foundations of Drone Law for Drone Training Educators

 

From my book Drones: Their Many Civilian Uses and the U.S. Laws Surrounding Them:

The Commerce Clause of the U.S. Constitution gives Congress authority to “regulate commerce with foreign nations, and among the several states.”[1] Congress created the Federal Aviation Agency by the Federal Aviation Act of 1958,[2] but in 1967, Congress changed the name into the Federal Aviation Administration (“FAA”) and moved that agency into the Department of Transportation (“DOT”) which is a Presidential cabinet department.[3] The FAA has been given by Congress jurisdiction to regulate navigable airspace of aircraft by regulation or order.[4] . . . .

The FAA has created regulations,[5] known as the Federal Aviation Regulations (“FARs”), which govern the certification of only civil aircraft,[6] civil pilot licensing,[7] airspace,[8] commercial operations,[9] general pilot operating rules,[10] pilot schools and certificated agencies,[11] airports,[12] and navigational facilities.[13]

federal-aviation-regulations-versus-interpretaions
The FAA also “regulates” in multiple ways by creating advisory circulars, or memos or interpretations on the regulations. Regulations ARE the law while advisory circulars, memos, and interpretations are the FAA’s opinion of how to follow the law, but they are NOT the law.  However, they somewhat become law in effect because even though they are not law, the interpretations change people’s behavior who would rather not pay an attorney to defend them in a prosecution case. They in effect stay out of the grey area like the guy with the yellow shirt in the graphic. When I say grey, I don’t mean that it is not clear as to whether it is law, the grey area is not law, but I mean that it is unclear as to whether a judge would agree with the FAA’s opinion and would find the guy in the yellow shirt to be in violation of the regulations. In short, the law is what you get charged with violating, but the interpretations/memos/advisory circulars are what determine if you are on the FAA “hit list” so they can go fishing to try and get you with the law.

Keep in mind that the FAA has the super vague regulation which prohibits you from acting in a careless or reckless manner[14] which functionally acts as a catch-all. This gets thrown in as a charge for almost every FAA prosecution out there. Out of the 23 FAA enforcement actions against drone operators I studied, all 23 of them were charged with violating 91.13 (107.23 was NOT around at the time the prosecutions started).

Why are these regulations created? They are really safety standards that have been proscribed by the FAA for us to follow to maintain the safety of the national airspace system. The FARs apply to almost everything that touches aviation. A good exercise is to find something that the FARs do NOT regulate. Below is a graph to help you understand the different areas that the FAA regulates which all contribute to the safety of the national airspace system.

faa-far-standards-pilot-aircraft-maintenance-medical

 

II. How Drone Training Educators Can Fly Legally

 

Unmanned aircraft can be flown as public aircraft under a public COA, as civil aircraft flown under a Section 333 exemption, as non-recreational unmanned aircraft under Part 107, or under Part 101 as a recreational unmanned aircraft. The classification of the aircraft will determine which set of regulations and standards are used. Below is a graphical summary of the requirements of each of the different classifications. Purple is where the burden of determining the standards is placed upon the remote pilot in command. Grey is where the FAA determines the standards.

part-107-101-333-exemption-publicc-coa-comparison

We are now going to explore each of the 4 options as they relate to drone education.

A. Public Aircraft Operations Under a Public Certificate of Authorization (COA).

public-coaPublic aircraft are those that (1) fall into 1 of 5 statutorily defined owned/operated situations,[15] (2) are flying for a governmental purpose,[16] and (3) are NOT flying for a commercial purpose.[17] The big benefit to obtaining public aircraft status is the public aircraft operator determines their own standards for the pilot, aircraft, maintenance of the aircraft, and the medical standards of the pilot, but they still must fly under the restrictions given to them by the FAA as listed in the public certificate of authorization (COA).

Unfortunately, educators and schools are unable to fly unmanned aircraft under a public COA for education. (Keep in mind many universities are flying under public COAs but for purposes like aeronautical research.)

The FAA answered the question of whether education was a governmental function in a letter from Mark Bury of the FAA’s Chief Counsel’s Office to Jim Williams of the UAS Integration Office by saying:

If the FAA now were to read a concept as broad as education into the statute, it could exponentially expand the operation of unregulated aircraft. As a concept, education is not restricted to age or curriculum, and would include aviation education such as flight schools. All manned flight schools are civil operations, and are subject to significant regulation – none use public aircraft to teach students to fly, nor would we allow uncertificated pilots operating unregulated aircraft to teach others. The same must hold true for UAS, as the statute contains no distinction in the type of aircraft used to conduct a public aircraft operation. Accordingly, we must answer in the negative your question of whether a university could, in essence, conduct a UAS flight school using its COA.

You also asked whether some limited form of education could be found governmental. It would not be defensible to include education as a governmental function but then draw artificial limits on its scope, such as the level of education being provided, the curriculum, or the aircraft that can be used. Since our agency mission is the safe operation of the national airspace, including the safe integration of UAS into it, any analysis of whether the list of governmental functions can reasonably be expanded to include education must contain a clear consideration of the overall effect that such a change would have on aviation as a whole. There is nothing in the law or its minimal legislative history to suggest that Congress intended education to be a governmental function that a state needs to carry on its business free of aviation safety regulations.

 

Let’s go to the next option for educators.

 

2. The Section 333 Exemption for Drone Training and Education

section-333-exemptionstandardsSection 333 of the FAA Modernization and Reform Act of 2012 says:

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making the determination under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

This authority given to the FAA was created before Part 107 or Part 101 were created.  The FAA’s view at that time was that all the FARs applied to civil aircraft.  These regulations were very burdensome to comply with. For example, 14 CFR 91.119 requires the aircraft to be at least 500ft away from non-participating people and property which makes it very hard to do aerial photography from 500ft! The FAA was given authority under Section 333 but needed another legal tool to help the drone operators get airborne.

The FAA used the authority given to them in Section 333 to determine that the unmanned aircraft did not need an airworthiness certificate. The remaining regulations were taken care of by using the Part 11 exemption process. This is why the paperwork allowing you to fly was nicknamed the 333 exemption, even though Section 333 does NOT provide any exemption powers!

The operator operates under all the federal aviation regulations, except for those specifically exempted.  Where  exempted, the operator flies according to the restrictions which will provide an equivalent level of safety as the regulations they were exempted from.

The FAA wisely decided to create restrictions in the 333 exemption which required the pilot in command to determine the airworthiness of the aircraft and determine proper maintenance; however, all the pilots were still required to have a sport pilot license or higher, a driver’s license or a 3rd class medical, and they were still limited by Part 91 and its restrictions regarding their operation.

Exemptions are operation specific. The first group of exemptions were for the cinematography industry which was focused on creating movies, not on instructing or education. The restrictions slowly morphed over time to be “eh O.K.” enough to allow for other industries to use the 333 exemptions.

Over a year after the first exemptions were granted, on November 20, 2015, the FAA finally granted a Section 333 exemption to Kansas States University to allow for flight instructing.

The FAA issued their educational memo on May 4, 2016 and Part 107 was released June 21, 2016 which is far easier to operate under than the Section 333 exemption. The idea behind the memo was to allow people to fly for purposes of education without having to obtain a Section 333 exemption.

To further promote flight training, the FAA granted on November 14, 2016 an amendment to a giant list of exemptions to allow many exemptions to conduct training of students. See FAA Updated Section 333 Exemptions.

3. The FAA’s Memo on the Educational Use of Drones and Part 101 (Recreational Operations)

far-part-101-recreational-model-aircraft-dronesa. Background to Part 101 Subpart E.

Up until Part 101 Subpart E went into effect, the FAA was pretty much echoing the definition of model aircraft as defined in Section 336 of the FAA Modernization and Reform Act of 2012. Part 101 Subpart E is just a copy-paste of Section 336.

Keep in mind that the terms “model aircraft” and “recreational aircraft” are used interchangeably throughout the FAA’s website and material even though recreational aircraft might not be a miniature model versions of a full-sized manned aircraft (e.g. Phantom 4 as opposed to a model P-51 Mustang).

The FAA’s treatment of Section 336 is really weird because the FAA uses Section 336 to somehow define model aircraft but Section 336 was specifically directed at the FAA telling them what NOT to regulate.  The FAA ignored what Congress said in Section 336 twice. Once when the FAA created the new Part 48 registration regulations and secondly when they created Part 101 Subpart E.  For a much more in-depth discussion of how the FAA has violated Section 336 see my article on why the registration requirements and regulations are illegal.

The reasons I have question marks over these areas is that the newly created Part 48 regulations and the FAA’s interpretation that all aircraft are required to be registered are being challenged in the D.C. Circuit Court of Appeals. How the court rules will determine the effect of the FAA’s interpretations, Part 101, and Part 107 on model aircraft operations.

b. The Educational Memo

The reason why the educational memo was created was that many universities were wanting to offer classes where students would be required to fly the aircraft. This brought up questions such as “does the university need a Section 333 Exemption?” or “does the student need a pilot license?” There were also spin-off questions such as “can we teach the local 4-H, Boy Scouts, etc. about drones?”

The FAA summed the memo up in three points:

  • A person may operate an unmanned aircraft for hobby or recreation in accordance with Section 336 of the FAA Modernization and Reform Act of 2012 (FMRA) at educational institutions and community-sponsored events[1]provided that the person is (1) not compensated or (2) any compensation received is neither directly or incidentally related to that person’s operation of the aircraft at such events;
  • A student may conduct model aircraft operations in accordance with Section 336 of the FMRA in furtherance of his or her aviation-related education at an accredited educational institution;
  • Faculty teaching aviation-related courses at accredited education institutions may assist students who are operating a model aircraft under Section 336 and in common with a course that requires such operations, provided that the student maintains operational control of the model aircraft such that the faculty member’s manipulation of the model aircraft’s controls is incidental and secondary to the students (e.g. the faculty member steps in to regain control in the event the student begins to lose control, to terminate flight, etc.)

UAS Demonstrations

Hobbyists or enthusiasts can fly at an “accredited educational institution or other community-sponsored events to promote the safe use of UAS and encourage students’ interest in aviation as a hobby or for recreational purposes provided the hobbyist receives no compensation of any kind (honorarium or reimbursement of costs), or any such compensation neither directly or indirectly furthers the hobbyists’ business or operation of the UAS.[4]

Keep in mind that the last portion is very broad. If you think this might apply to you, the work around is to just do demos inside a completely enclosed building and avoid all these legal gymnastic problems.

Student Use

We were all wondering if the skills learned from education somehow prevented the flight from being recreational. The FAA’s interpretation of recreational was that the operator was not receiving any direct or indirect benefit. Skills would be an indirect benefit so this kept many on the sideslines.

The FAA went on to say that just because a student learns about the knowledge of flight does not make the flight not hobby and recreational when they will use that knowledge to get a degree.[5] The link between knowledge, to degree, to job is just “too attenuated” to be considered outside of hobby or recreational use.

The FAA concluded that UAS flying for “students at accredited educational institutions as a component of science, technology, and aviation-related educational curricula or other coursework such as television or film production or the arts more closely reflects and embodies the purposed of ‘hobby and recreation[.]’”[6]

If the student receives any reimbursement for costs or an honorarium then that is NOT hobby and recreational; however, a student may receive financial aid, participating in a work-study program, or being a paid research assistant to a faculty member teaching the course.[7]

Faculty Use

Faculty teaching a course or curricula that uses unmanned aircraft as a component of that course may provide limited assistance to students operating the unmanned aircraft” without changing the student’s hobby and recreational classification or the need for the faculty to obtain FAA authorization.[8]

This limited assistance exception is only where the UAS operation is secondary in the course; however, if UAS operations is the primary reason for the course, the faculty member would need authorization, but the student, as defined above, would not.

It is NOT considered hobby and recreational for a faculty member or assistant to operate a drone as part of their professional duties. Additionally, a professor cannot do a “work around” and get the students to fly the drone for purposes of the faculty member’s professional research objectives.

When Does a University’s Class/Operations NOT Fall Into This Exception?

  • Faculty operating the drone for research and development
  • Faculty supervising students doing research and development using a drone
  • UAS flight instruction where the faculty instructor is actively involved in the operation (not incidental and secondary); however, just teaching without touching the controls would be fine. (Think of it like the faculty is the air traffic controller teaching the student how to land the aircraft.)

Problems I See:

  • How much of this has been superseded or will be overruled?
    • Does the newly created Part 101 nullify the older 336 interpretations? Will the FAA treat the 336 interpretations like they were really Part 101 interpretations?
    • How will the Taylor cases in the D.C. Circuit Court of Appeals cause problems to the reach of the interpretations on the 336 protected model aircraft class?
    • Keep in mind the FAA mentioned in the Part 107 preamble that they are revising the 2014 model aircraft interpretation.
  • Must the Model Aircraft Be Registered?
    • Nothing is said in the memo about whether the aircraft must be registered or not. This is most likely an oversight on the FAA’s part since they have been campaigning hard about the need for all aircraft 250 grams or above to be registered.
    • The FAA’s interpretation of Section 336 is that it prohibits the specific regulation of model aircraft, not the regulation of all aircraft as a whole like it is some sort of civil rights for drones equal protection clause which does not in any way work with the meaning of “special” in the title to Section 336. In other words, how are model aircraft special (as indicated in the title of 336) if model aircraft are required to be treated like everyone else?
  • Are Model Aircraft Special or Not?
    • There is something seriously incongruous with the FAA’s view of Section 336 and Part 101 and how Section 336 actually reads. The FAA seems to view 336, and now Part 101, as a means of allowing model aircraft flights without “authorization”[9]when in reality it is specifically addressed at the FAA telling them to not create any rule or regulation governing model aircraft.
  • FPV Flying
    • The FAA in their 2014 interpretation on the model aircraft rules indicated that FPV racing would NOT fall within Section 336’s definition of model aircraft.[11]An interesting point here is the Federal Aviation Regulations required the pilot to “see and avoid” other aircraft[12] and Section 336 defines the model aircraft as being “flown within visual light of sight of the person flying the aircraft.”[13] This all logically follows that the FAA’s interpretation would be that FPV racing, while possibly permitted under this interpretation, would NOT be permitted under their model aircraft interpretation from 2014 since it would not be considered a “model aircraft” for purposes of Section 336 or Part 101.

So what does all this mean?

There are more problems here than a MacGyver episode.

There are two easy solutions for educators and schools: (1) have the students and teachers all fly indoors or (2) have the teacher/professor obtain a Part 107 remote pilot certificate and one student flies under the direct supervision of the teacher/professor. Part 107 is a far less restrictive than the newly amended Section 333 exemptions.


4. Part 107 (Non-Recreational Operations)  Drone Training 

far-part-107-standards

The best choice is for the professor/teacher to obtain a remote pilot certificate. (In-depth step-by-step instructions for obtaining the certificate for first time and current pilots are located here). There are two options for obtaining it:

  1. Manned aircraft pilots certificated under Part 61 and who are also current with a biannual flight review can take a free online training course. They can then get identified from either a certified flight instructor, an FAA aviation safety inspector, a designated pilot examiner, or from an airmen certification representative. They then file through an online portal. They’ll receive and email later notifying them they can print out their temporary remote pilot certificate.
  2. Brand new pilots can take the remote pilot initial knowledge exam ($150) at a testing center. Also, manned pilots who are not current will have to take the knowledge exam.

 

If you are brand new to all of this and don’t know much about Part 107, read What Drone Operators Need to Know About the New Part 107 Drone Regulations.

There are many resources out there to study for the exam. There are some paid courses out there, but I have created a FREE 100+ page study guide for this test.

Part 107 Articles You Might Enjoy

Important Points About Part 107 For Educators & Schools:

Please understand that this is NOT a complete list.

The minimum age of the remote pilot in command is 16 years of age. Keep in mind there is no limit how young a person can be who is flying under the direct supervision of the teacher.

Part 107 is for OUTSIDE buildings while in the national airspace. You can get around the regulations by operating in a completely closed building.

The FAA said on page 103-104 of the preamble to the final rule:

To further enable the educational opportunities identified by the commenters, this rule will allow the remote pilot in command (who will be a certificated airman) to supervise another person’s manipulation of a small UAS’s flight controls. A person who receives this type of supervision from the remote pilot in command will not be required to obtain a remote pilot certificate to manipulate the controls of a small UAS as long as the remote pilot in command possesses the ability to immediately take direct control of the small unmanned aircraft. This ability is necessary to ensure that the remote pilot in command can quickly address any mistakes that are made by an uncertificated person operating the flight controls before those mistakes create a safety hazard.

The ability for the remote pilot in command to immediately take over the flight controls could be achieved by using a number of different methods. For example, the operation could involve a “buddy box” type system that uses two control stations: one for the person manipulating the flight controls and one for the remote pilot in command that allows the remote pilot in command to override the other control station and immediately take direct control of the small unmanned aircraft. Another method could involve the remote pilot in command standing close enough to the person manipulating the flight controls so as to be able to physically take over the control station from the other person. A third method could employ the use of an automation system whereby the remote pilot in command could immediately engage that system to put the small unmanned aircraft in a pre-programmed “safe” mode (such as in a hover, in a holding pattern, or “return home”).

 

III. Potential Liability Issues that Drone Training Instructors and Schools Face

Instructors and schools face liability issues from multiple areas. Please understand that this is NOT a complete list. You should talk to an attorney to find out what applies to your situation.

A. State and Local Law Issues

All sorts of states, towns, and counties have started creating drone laws. It is becoming very problematic to keep track of them all since they are springing up like mushrooms. It is almost as if drones laws are the like the latest fad for government officials – like Pokemon and we are now as drone operators trying to catch them all.

Here are two resources that could be very valuable to help you find out your STATE laws:

Regarding county, city, and town laws…good luck.  You are on your own there. This is a big problem for the industry because there is no easy way to track the laws. The databases aren’t complete and these local governments all are wanting to play FAA use all sorts of different terms (drones, UAS, unmanned aircraft, model aircraft, model airplanes, etc.).  You end up having to search for a bunch of different terms and hope one get’s a hit; otherwise, you are stuck in the land of uncertainty wondering if you didn’t find the drone law out there or there aren’t any.

The reason I bring this up is there are state laws that have criminal penalties and other liability issues. For example, Florida’s law provides for a private right of action for an individual to sue the drone operator using a drone to gather data of the person’s property that was not able to be seen at eye level. Make sure you check your local laws! The FAA is NOT the only one trying to regulate your drones.

B. Students Versus the Teacher

Let’s say a student is flying the drone and the teacher isn’t paying attention to the student’s flying. BAM. Now the student injured himself, the teacher, or another student.  Uhhh ooo.

Was the teacher proficient in instructing? Was there a means to override the student’s actions to prevent this? Is there insurance covering the teacher, school, and student?

C. Third Party Bystander Versus Teacher (Now & Later)

This area of liability can be broken down into current liability and a residual type of liability.

The current type of liability would be the teacher and student versus other third parties in the area at the time. (Maybe a mom jogging with a baby stroller, the mailman, old guy walking his dog, etc.)

The more subtle and dangerous type of liability is the lingering residual type of liability that happens when you train many students. If you train 100 students, that is 100 reasons flying around to get you sued. If one of them crashes into someone, you could get brought into a lawsuit as a defendant under the idea that you provided negligent instruction to the student. Hopefully you will have an insurance policy that will cover this. This is why myself, and other flight instructors, stop instructing all together because we don’t want to have this lingering liability.

You should also document the living daylights out of all the training you give to students. This will come in handy later on if there is a lawsuit. I created a drone operator’s logbook which will be helpful for documenting training.  Yes, it is a paper logbook which means you WON’T have battery, connectivity, firmware, IOS version, etc. problems.

Conclusion

This is an evolving area of the law. On top of that, it is confusing. If you are setting up a program or currently are running one, you might want to consider working with an aviation attorney to help you navigate this area safely.  Additionally, you might need waivers and/or authorizations for some of your operations. If you are needing help, contact me so we can get your program off the ground and soaring to new heights of success by integrating drones to save time, money, and lives.

 

[1] U.S Const. art. I, § 8; see also 49 U.S.C. § 40103 (a)(1)(“The United States Government has exclusive sovereignty of airspace of the United States.”).

[2] Federal Aviation Act, Pub. L. No. 85-726, 72 Stat. 731 (1958).

[3] See A Brief History of the FAA, Fed. Aviation Admin., http://www.faa.gov/about/history/brief_history/

[4] See 49 U.S.C. § 40103(b)(1)(Congress delegated to the FAA the job to “develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.”)(emphasis mine).

[5] 14 C.F.R. §§ 1-199.

[6] 14 C.F.R. §§ 21-49.

[7] 14 C.F.R. §§ 61-67.

[8] 14 C.F.R. §§ 71-77.

[9] 14 C.F.R. §§ 119-135.

[10] 14 C.F.R. §§ 91-105.

[11] 14 C.F.R. §§ 141-147.

[12] 14 C.F.R. §§ 150-161.

[13] 14 C.F.R. §§ 170-171.

[14] 14 C.F.R. § 91.13; 107.23.

[15] See 49 U.S.C § 40102(a)(41).

[16] See 49 U.S.C. § 40125(a).

[17] See id.


5 Problem Areas When Integrating Drones Into Large Companies

drone-fleet-enterprise-company-problems

5 Areas to Consider When Integrating Drone Operations into a Large Company

This article is written based upon my experience interacting with small to multiple billion dollar companies. This article is designed to ask questions which will be the starting point for discussions which need to happen internally in a company. If you are a company wanting to continue the discussion further, contact me. 

Don’t want to read the article?  Watch it here!

 

1. Operations – (Internal, External, & Flight Operations Procedures Manual)

A. Internal Operations Within the Company Between the Different Departments

drone-enterprise-internalHow does the drone department fit into the immediate company?  How will it interact with the other departments? For example, is the drone department also going to be doing the R & D for business cases using drones, or will the R & D department do the business cases for drones?  Are there are other departments which might want to use the drone technology such as the marketing department for obtaining photos or videos?

How is the legal department going to exercise oversight? It might not be the wisest use of company resources to have an attorney in legal do the aviation law compliance work but instead work with experienced outside counsel who focuses on this area. Additionally, many states, counties, cities, and towns are all trying to create drone laws. Who is going to manage that? The legal department or more outside attorneys?

Is the drone flight department going to be its own department completely separate from the corporate flight department with the jets or will the drone department be located in the corporate flight department?

drone-enterprise-flight-department-drone-department

In addition to WHERE will the department go, WHO will be the one in charge of it. (We all know everyone wants to be in charge of it.) This will cause some interesting dynamics between different departments.  Will the drone department be on its own or be under supervision from the flight department?

B. External Operations Outside the Company?

 

Where is the drone flight department(s) going? For smaller and mid-sized companies, this might not be a problem, but for large companies which have multiple subsidiaries, it can be an issue.  For example, a parent company might want to create a completely new service company by which to service their other companies or they might want to create a drone flight department in each of their subsidiaries.

drone-enterprise-company-interactionIn Scenario 1, if each company is to have its own drone department, who is actually responsible for updating manuals and distributing them to the other departments You don’t want to be paying for duplicate work. Who is responsible for recurrent training?

What are the long term goals of the company? Scenario 2 with a completely separate drone department is already set up (D) for doing business with other companies who might want to supplement their drone operations (X & Y) or hire out for certain regions because it is more cost effective. Company D could service other companies (potentially even competitors) in the same industries as A, B, and C who haven’t established drone inspection departments. D could be a revenue generator.

Why would a company hire their competitor for drone service?  Trying to find a legitimate drone service provider is the equivalent of trying to find a legit pair of sunglasses at the flea market. I would trust my competitor’s drone inspection department more than an independent drone service provider’s.

C. Flight Operations Procedures Manual Outlining Step-by-Step Procedures for Internal & External Interactions

How many different operations are needed? (Day, night, beyond visual line of sight, moving vehicle, operating near an airport in controlled airspace, etc.) Each operation might need its own operations manual.  Why?  Each type of operation has its own unique set of hazards which need to be mitigated. Those mitigations are built into the manual and checklists.

There are hazards everywhere. Some we know about and some we don’t know about. As operations go on, new hazards will be identified and will need to be reported back to the flight department.  For example, let’s say a Phantom 5 comes out and certain drone operators are starting to experience flight controller problems. Who is to receive this information and who will track it?

Another thing to consider is the procedures and quality controls on delivering the data to the appropriate people without it falling through the cracks. For example, if a utility sub-station is being inspected and an element is found to be overheating, who is to receive this knowledge? How is it to be documented?  If during a line inspection, vegetation is found starting to get very close to the powerlines, who is supposed to be get notified? Should the drone operator in the field make the direct calls to the appropriate department? Should the drone operator just report back to a dedicated individual in the drone flight department who will make sure the situation is resolved?  Maybe both?

What type of data and how much is to be collected? Should the drone operator quickly take some pictures and send those to the appropriate department so they can prioritize the response in their schedule?  Is video needed? Where is that data to be stored and what happens if there is a lawsuit with a clever attorney requesting all the data? The legal department knows where to find that data right?

 

2. Aircraft – (Mission Type, Maintenance, Aircraft Manuals, & Batteries)

A. What Types of Missions Will the Aircraft Perform?

Going back to the two scenarios above, drone departments in Scenario 1 might want mission specific aircraft while Scenario 2 might want a platform that will be adequate for all missions across the multiple companies.

There are a few popular aerial platforms out there that are not that expensive, but certain missions might require aircraft specifically built for that operation which means they will be more expensive.

B. Will the Aircraft Have a Maintenance Program? (Preventive & Corrective Maintenance).

How robust will the maintenance program be? Will it cover all types of repairs?  As the repairs needed are more sophisticated, there will be a bigger need for a specialist to conduct those repairs. Will you send it to the manufacturer or will you hire a specialist in-house.  Many logistical issues arise; for example, where do you base an in-house specialist if you have offices across the country?

Since unmanned aircraft are getting cheaper and cheaper, you could go to a completely disposable set up. Think of laptops and cellphones as opposed to airplanes. The question is what damage will be considered minor and what or how much damage will cause you to just scrap the drone.  You could always sell off the scrap to an aftermarket repair company.

Regarding either scenario, you’ll need to still set up periodic inspection schedules on the aircraft. How are you going to arrange that? Are you checking everything or certain things? What about updates for the drone and the ground station? What about any peripheral equipment like iPads?

C. Aircraft Flight Manuals

Many of the manuals that come with these drones are a joke. You might want to develop your own standardized aircraft flight manuals that are standardized for all platforms.  For example, Chapter 1 is Definitions, Chapter 2 Quick Specifications, etc.

D. Batteries

How many batteries will you need per drone operator to have in the field?

Batteries are hazardous. If you accidentally drop one just right, you can start a fire.

If you drop something on one, you can start a fire.

If you look at it funny, you can start a fire. Starting to get the picture?

Watch this video of what happened to a LiPo battery in a car:

 

 

Here is another story where a guy was charging some batteries and a fire erupted which damaged his home:

 

Where are they going to be charged? In the car while in the field or back at the office?

If you are going to charge these at the office, how do you prevent them from being a big fire hazard like what happened to the guy in the 2nd video where he had multiple batteries next to each other?

Are there requirements for your operators on the storage of the batteries in the cars when driving out to job sites? It would be a big problem if a vehicle was rear-ended and caught on fire. Will they carry a fire extinguisher? Are the extinguishers appropriately rated for a chemical fire?

E. The Aircraft Manufacturer

From Gus Calderon:

“Selecting the appropriate drones for your intended operation type is a critically important decision. Too often, companies are influenced by drone salesmen boasting features such as fully autonomous operation. There will always be a need for a skilled and experienced pilot so don’t be fooled by this common sales pitch. You should be most concerned about reliability and safety. When considering safety, keep in mind that the more a drone weighs, the more damage it could cause if it has an “unscheduled landing.”

Another consideration is how long the manufacturer has been in business? What is their product support like? What is the availability of replacement parts and consumables for the drones you select? Also, are training courses available for the drones you are considering?”

3. Drone Pilots – (Pilot Standards, Quality Control, & 107 Waivers and Training.)

A. What Are the Standards for Selecting Pilots?

You are going to have to figure this out if you hire within-house or outside help. What will be the objective grading criteria you will use for selecting pilots? Will it be based upon test proving just skills? What about experience? Do you use hours or cycles? Do you give more weight to time in certain environments as opposed to others?

B. What Are the Quality Controls?

If you are planning on hiring purely outside help or maybe a hybrid with in-house, how are you going to audit them?  I was talking with another drone attorney and this one drone service provider company name came up. We shared the same story of this company that was basically being shady to their clients and not admitting they were NOT approved to fly at the location. That company was trying to get the work done and hoped the clients didn’t ask any questions. Drone service providers like dumb clients.  You should seriously consider getting either an aviation attorney or someone in the flight department to do vetting on the front end and some random audits on whoever you hire outside.

C. What Type of Training Will You Provide the Pilots so They Can Fly Under a 107 Waiver?

Certain waivers, like night waivers, require training that is required to be documented and available for inspection if the FAA were to ask for it. How are you going to set up that training? Who is going to deliver it and what are the standards for determining the qualifications of that pilot? If you hire someone outside of the company to train the pilots, how do you vet them and make sure they have instructing insurance?

4. Legal – (107 Waivers or Section 333 Exemptions, External or In-House Counsel, & Crash/Accident Response).

A. Will Your Operations Need a 107 Waiver or Section 333 Exemption or Maybe Both?

This will be important to figure out for purposes of determining costs, operations, and training. Some jobs cannot be done under 107 or 107 waivers (like 55 pound and heavier operations) so you’ll need to go the 333 exemption route. It would be wise to involve a competent aviation attorney at this point to help you determine if you can do all of your operations under just Part 107.

B. Will Legal Be Performed by In-House or with Outside Counsel?

I think the most effective use of company resources will be hiring outside counsel for dealing with the FAA.  Most companies do not have any aviation attorneys in their company, and the flight departments, while skilled in navigating the FARs, are not licensed to practice law. Most states consider the unlicensed practice of law a crime.

Furthermore, it can get interesting if there is a lawsuit. Why? Attorneys have the attorney-client privilege while there is no such thing as a drone-consultant – client privilege or flight-department-guy- client privilege.   Just run this little statement by legal and I’m sure they will 100% agree with me that an attorney is the best way to go. Otherwise, your drone-consultant could get served with a subpoena in a lawsuit and then be forced to either (1) commit perjury, (2) testify against you, or (3) be held in contempt of court if they don’t testify.

Moreover, many attorneys carry malpractice insurance while I highly doubt many of the consultants in this area carry some type of insurance to protect their clients. The insurance is there to make whole injured clients. Do the consultants or attorneys you are working with carry insurance?

C. Does the Company Have Attorneys Designated to be Involved in Post-Crash/Accident Investigations and Communications?

Following on what I just said regarding having an attorney involved PRE-ACCIDENT, an attorney should be designated to be involved post-accident.  Do you have an emergency response plan (ERP)? Remember that everything your employees say can and will be used against the company in a lawsuit.

There are also reporting requirements that are to be made to the NTSB and the FAA in certain situations. It also might be beneficial to know if a NASA form should be filed or not. See my article What Are You Legally Required to do After a Drone Crash.

Setting liability aside, there is also a public relations issue here. How will your PR department be brought in?

5. Manuals & Checklists (Training, Aircraft, Flight Operations, & Maintenance).

A. Training Manuals Should Be Integrated with Pilot Standards and 107 Waiver Training Requirements.

Echoing what was said before, the training standards need to be to that of what waivers will require. Night waivers will need pilots and visual observes who are trained to recognizing the problems with operating at night.

B. Who Will Maintain the Aircraft Flight Manuals?

As time goes on, the FAA will issue interpretations. Aircraft will have software upgrades and their control stations as well. There will need to be a person who updates the manuals and ensures that the managers are briefed on the new updates and that the information is relayed to the pilots as well.

C. How Will You Ensure the Flight Operations Manuals Are Updated to Mitigate New Hazards?

The remote pilots operating out in the field will notice new hazards that were maybe not identified in the beginning or the pilots discovered that the mitigation to counter the hazard created a whole new hazard that needs to be mitigated. These hazards need to be relayed to a central point who will determine an appropriate mitigation and then update the manuals and disseminate them to the managers to relay to the pilots.

 

Conclusion

This article is merely the beginning of discussion on these 5 problematic areas. I would highly suggest you take a good long look at your operations and see how these pieces of the puzzle interact.

I would also highly, highly suggest getting knowledgeable people involved in these discussions quickly. Why?  The larger the company, the larger the group or committee working on the project. This creates more indecisiveness. On top of that, these indecisive committees can have 3-10 people on them which creates 3-10 man hours of – wasted time.

How much did it cost the company to have those 3-10 people try and figure out something? Worse yet, how much did it cost the company by not implementing drone operations? Remember, drones don’t make money, but save money. There are operating costs that can be immediately lowered or risks lowered (thus, lower insurance premiums or less chance for an accident).

I would suggest to you that the bigger the company, the overall cost will be lower to immediately get involved competent people to (1) allow the drone group/committee to rapidly make decisions and (2) accelerate the time from discussion to implementation to enable the company the use of drones to save time, money, and lives.

Can you really afford not to start? Contact me and let’s get started.