FAQ


Everyone has many questions regarding waivers, authorizations, costs, times, etc. I created this FAQ page to help answer many of the questions.

Table of Contents

GOVERNMENT OPERATIONS QUESTIONS: (Police, Fire, Parks & Rec, Environmental, etc.)

How does a government entity fly legally?

A government entity has multiple methods to fly legally.  Part 107, a public COA, or a Section 44807 exemption (formerly called a Section 333 exemption) are some of the low-cost ways to get government drone operations airborne legally. See my in-depth article  Section 333 Exemption vs. Part 107 vs. Public COA vs. Blanket Public COA

A government entity can fly under Part 107 (and obtain a Part 107 waiver or authorization), obtain a Section 44807 exemption, or obtain a public COA so the employees can fly under one or more of those methods. In other words, you don’t need one for each person, just one for the entire entity. Keep in mind that the pilot might need a pilot certificate depending on which method you choose (Section 44807 exemption & Part 107).

Can a government entity obtain a waiver or authorization?

Yes, many governmental entities choose to operate under Part 107 and obtain Part 107 waivers (night operations, etc.) or authorizations to fly near airports. See the Q&As in this article on the waivers and authorizations for more information on them.

What are the advantages/disadvantages of obtaining a public COA?

The big advantage is you have the ability to determine your own pilot training, aircraft, and maintenance standards. However, many public entities choose to fly under Part 107 because it is easier to just do that than try and figure out standards for training, aircraft, and maintenance. There is also liability taken on when the government agency chooses it’s own standards. Another disadvantage that many don’t talk about is that public aircraft operations under a public COA can only be for certain statutorily listed operations. This creates some headaches because you need to make sure your operations are always within one of the statutorily listed operations and not in some “grey area.” This is another reason why public entities choose to get public COAs and also choose at times to fly under Part 107.  There are many different tools in the toolbox. You aren’t stuck with one. You can have multiple solutions to meet the needs of the mission. Since public aircraft operations are very fact-specific, it is best to schedule a consultation to figure out further if a public COA is a feasible option.

Part 107 Waiver/Authorization Frequently Asked Questions

AIRSPACE RELATED QUESTIONS:

How many different methods are there for obtaining an authorization?

A person can choose to file for an airspace authorization (1)  on the FAA’s authorization portal or (2) they can choose to go through the LAANC system.

The LAANC system is fast but is only for a select number of airports. If you aren’t flying at one of those airports, you’ll have to apply for an airspace authorization on the FAA’s  Drone Zone portal. Additionally, LAANC is only for simple operations. In the Federal Register notice requesting data collection approval for LAANC, the FAA said, “It’s expected that operations that are relatively simple will go through LAANC’s automated approval process while more complex operations that require a more thorough review by FAA subject matter experts (SME) will go through the FAA’s DroneZone electronic portal.”

So if your operations are simple and are at one of the selected airports, go with LAANC. If they are complex (involve waivers or close to the airport) or at an airport not participating in LAANC, then you go with the airspace authorization portal on the FAA’s website.

All of the questions below apply to the FAA’s authorization portal and that process.

What Is the Difference Between an Airspace Waiver and an Airspace Authorization? Part 107 allows FAA air traffic control (“ATC”) to give you an authorization to fly in Class B, C, D, or E @ the surface airspace. That same regulation also requires Part 107 operators to obtain the authorization. The idea is you will apply for an authorization to fly for a short period in a small area in this airspace.

An airspace waiver is a waiver from the regulation requiring you to obtain authorization.  Generally, authorizations are short term while waivers can be long term.

Right now the FAA is trying to figure out how to lengthen out the authorizations. They are currently granting authorizations out till 2020 sometime. (You can see where this is going don’t you?) At some point they are going to have to lengthen out the authorizations, or start granting longer term airspace waivers much more easily. Keep in mind you always do LAANC still which is very fast but you can’t mix waivers in with it, fly in 0 altitude areas, or fly at all airports. See my LAANC article which allows rapid airspace authorization at only select airports

How long does it take to obtain an airspace waiver vs. an airspace authorizations?

Drone Zone COAs can be processed in mere days to a couple months depending on many factors. LAANC COAs can be in seconds. Different areas of the country are backed up at different rates so an approval on the East Coast may go quicker than a West Coast approval.

What Waivers Are Needed to Operate Near an Airport?  You do not always need a waiver when you operate near an airport. The focus is on airspace, not airports. You do not need an airspace authorization or waiver to operate near airports in Class G airspace. Keep in mind that you must not operate in these locations in a careless and reckless manner so as to endanger the life or property of another, in such a way as to interfere with airport traffic patterns, or cause manned aircraft to give way to your aircraft. Section 107.43 says, “No person may operate a small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.”

Part 107 Says I Only Need ATC Authorization. Isn’t a Phone Call Good Enough? The FAA answered this on their FAQ page:

How do I request permission from Air Traffic Control to operate in Class B, C, D, or E airspace? Is there a way to request permission electronically? You can request airspace permission through an online web portal on the FAA’s UAS website. This online portal will be available on August 29, 2016.

Can I contact my local air traffic control tower or facility directly to request airspace permission? No. All airspace permission requests must be made through the online portal.

Additionally, the FAA leadership sent out an order to ATC which says, “In the event a Part 107 operator contacts an ATC facility directly for authorization, the facility must not issue authorization. The facility must direct the operator to the FAA UAS website[.]”

The only ways to get authorizations currently are by filing for an authorization on the Drone Zone portal or going through the LAANC system.

Is the Waiver/Authorization for a Specific Location in the Airspace or All of the Airspace? You are most likely never going to get all of the airspace in one waiver/authorization. If you want all of the airspace, it will most likely be in two requests where you have the “doughnut” and the “doughnut hole.” This is because the doughnut hole, the airspace right around the airport, will have a maximum operating altitude that is very low and will require special ATC authorization to obtain. Doughnuts are easier to get because you don’t have to deal with ATC management. There isn’t a hard number for where the red line starts but a good rule of thumb is 1.5-2NM from the airport center reference point. Each airspace is different so the size of the doughnut hole is different (especially at Boston’s Logan airport). For most people, the doughnut covers a very large area and would meet most of their needs.

Are Authorizations Per Job or Can They Be for a Period of Time? Either. Sometimes you might want to ask for an authorization for only 1 day for really congested areas because the ATC manager will be more inclined to allow the operation to fly once as opposed to as many times as you want for a longer period. Keep in mind that current policy when applying through the Drone Zone for a COA is that if the airport is LAANC enabled, they are granting Drone Zone COAs for only one day. The way around this is to obtain a night waiver and ask for a COA which allows you to fly under your night waiver. These can be 1 year or more in length.

Has the FAA Started Granting Airspace Authorizations? Yes, the first one was approved the week of September 26, 2016.

What Type of Limitations Are in the Airspace Waiver? It is primarily mechanical and engineering focused while authorizations are operationally focused.

So the Prices Below Are for All Types of Airspace? No, the prices are only for airspace, excluding the airspace within 2NM radius of the airport center reference point, associated with a tower, but NOT military towers. Operations within 2NM of the airport center reference point will be hourly. Any waiver associated with a tower that is military will be hourly because of extra complexities. Basically, if there aren’t prices, then I will be charging hourly.

I Want to Fly at Night in Class C Airspace at the airport. What is the Fee? This is where things get interesting with compound waivers. You are wanting two waivers (one operational and one airspace) at the same time which creates all sorts of unique issues. At the moment, I am only offering non-compound waivers (e.g. night waiver in Class G or Class C during the day). If I did work on a compound waiver, it would be at an hourly rate.

How Can I Tell if the Airport is Military? Hard-surfaced U.S. military runways are depicted like public-use airports. They are identified by abbreviations such as: AAF (Army Air Field), AFB (Air Force Base), MCAS (Marine Corps Air Station), NAS (Naval Air Station), NAF (Naval Air Facility), NAAS (Naval Auxiliary Air Station), etc.

 

 

Can One Authorization/Waiver Be for Multiple Airports? Authorizations are for one airport. Airspace waivers can be for multiple airports.

 

WAIVER RELATED QUESTIONS:

Graphs of Total Waivers Approved vs. Total Waivers Filed

Waiver passage rates are historically very very bad. Here is a slide from one of the FAA presentations from the 2019 FAA UAS Symposium.

The data from this table is from 1/6/2018-4/30/2019.

If you want the most current up-to-date number of waivers, head over to the Part 107 waivers issued page. In the search box just to the top right of the database, type in which ever regulation you are interested in. For example, 107.29 for night waivers. This will give you a rough idea of how many waivers have been approved.

I currently have a waiver passage, not failure, rate of 90+%.

I have successfully obtained 100+ night waivers and also a day AND night over people waiver.

When Will the FAA Start Processing Waivers? They already are processing them.

How Long Will It Take to Get a Waiver? 20-90 days. It really depends on how complex of a waiver you are asking for.

What Types of Waivers Are There? The easiest way to conceptually break it down is into “airspace” waivers and “operational” waivers. Part 107 allows individuals to obtain waivers to operate within Class B, C, D, and E at the surface airspace. Remember, this is a waiver from the Part 107 requirement to obtain an authorization. The other category would be operational waivers.

What Types of “Operational” Waivers Are There?

  • 107.25 Operations from a moving vehicle in a populated area or from an aircraft.
  • 107.29 Operations at night.
  • 107.31 Beyond visual line of sight.
  • 107.33 Visual observer.
  • 107.35 A pilot operating multiple aircraft (Swarm).
  • 107.37(a) Not yielding the right of way to manned aircraft.
  • 107.39 Operations over people (participating and non-participating) on foot or in moving vehicles.
  • 107.51(a) Operating over 100MPH.
  • 107.51(b) Operating over 400ft AGL.
  • 107.51(c) Operating with less than 3 statute miles of visibility.
  • 107.51(d) Operating within 1,000 feet horizontally of a cloud or within 500 feet below a cloud.

If you want to fly at night and over non-participating people at the same time, you’ll need a waiver from 107.29 and 107.39. You cannot obtain two seperate waivers and combine them.

What Should I Know About Operations Over People Waivers? Part 107 allows RPIC to operate directly over people “directly participating” in the flight. The FAA’s belief is that the RPIC, the visual observer, the person flying the drone who is supervised by the RPIC, or anyone necessary for maintaining the safety of the operation (such as a person maintaining a perimeter to keep non-participating people away) are the ONLY individuals falling into this category. Everyone else would NOT be considered “directly participating” (sensor operator, gimbal operator, actor on movie set, person you are trying to rescue from drowning by dropping a life jacket on, etc.) This is weird since some of the people are not considered by the FAA to be “directly participating”…..but really are involved in the operation. To make sense of this confusion, a better way to conceptualize the FAA’s view is it is the people necessary for the safety of the flight.

How I Categorize the Different Over People Operations:

  • Directly participating over people operations. You don’t need a waiver from 107 operations over people because they are “directly participating.” (RPIC, VO, person on the controls, necessary for safety of the flight are the ONLY 4 types people in this category.)
  • People involved in the operation, but are NOT necessary for safety. (Actors, gimbal operator, director screaming at the actors/RPIC, coffee monkey, trainee not on the controls, etc.)
  • People not involved in the operation and also not necessary for safety, but we need to fly over them to save their life. (Person drowning, hurt or lost hiker, etc.)
  • People not involved in the operation, they are NOT necessary for safety, and we aren’t trying to save their life. (Spectators, etc.)

I have a night waiver and an over people waiver. Can I combine them to do night over people?

Great idea but it will not work. Most, if not all, waivers have this restriction, “This Waiver may not be combined with any other waiver(s), authorizations(s), or exemption(s) without specific authorization from the FAA[.]” (Emphasis mine). So whether you have a night or an over people, or anything else, you can’t combine them after the fact. You have to do it at the beginning.

What Do I Need to Know About Beyond Visual Line of Sight Waivers? They really aren’t true beyond visual line of sight because a visual observer must have his eyeballs on the drone and also be in communication with the RPIC. They are really what is called extended line of sight. The RPIC can’t see the drone but someone can.

SECTION 44807 EXEMPTION RELATED QUESTIONS:

Does anyone still use the Section 44807 and an exemption?

Yes, there are good reasons to still use the Section 44807 and the Part 11 exemption process. For example, if you need to fly a drone 55 pounds or heavier, that will need an exemption because you cannot do a Part 107 waiver for that.  A person wanting to do spraying operations will need an exemption, even if they are under 55 pounds, because Part 107 does not allow the carriage of hazardous materials.

If you need help with 55 pound + aircraft or an agricultural aircraft spraying exemption, please contact me.

GENERAL QUESTIONS:

What Is Your Value Proposition?

  • Proven Experience & Knowledge.
    • Experience. I am an FAA-certificated commercial pilot, remote pilot, and flight instructor (CFI & CFI-I). All three certificates are active. I wrote a study guide to be used by the drone community for the Part 107 remote pilot exam and I received a 100% on the first try. I am an aviation attorney that focuses only on drones, and have helped over 100 individuals and businesses navigate drone
      law. On 12/31/2015, Rupprecht Law, P.A. was ranked 2nd in the nation with the greatest number of section 333 exemption clients when compared to other law firms.
    • Knowledge. I went to Embry-Riddle Aeronautical University, graduated magna cum laude, and was a professor there. I have published a drone law book that is currently being used as a textbook in universities and also co-authored a drone law treatise that is being published by the highly respected American Bar Association. I have continued to publish articles on my website which has led to many mentions or quotations by news organizations.
  • Time Savings.
    • My Burden. My goal is to take this burden off of you. I intend to only bother you with sending me the contract and payment and then a follow-up phone call discussing your approved waived/authorization. This allows you to focus on your business and making money.
    • Current Skills. I’m an aviation attorney that focuses my practice ONLY on drone work so as to provide you fast, accurate, and valuable results. I do not do any other area of the law. This means my knowledge and skills are current.
    • Time Is Money. One example of my experience and speed working together is where an individual asked me about getting an airspace authorization. That individual mentioned that they were having their attorney handle it and they were having problems for weeks. Basically, I told them a couple quick things in a 15-minute conversation and managed to shave off about 1.5 months off of their wait time. How much money did I save them? Do you think hiring a professional is expensive? Wait until you hire someone who doesn’t know what they are doing.
  • Security
    • Insurance. I carry legal malpractice insurance which is there to protect you and make you whole (as best as money can) in case I provide you incorrect legal advice and something happens. I went out of my way to make sure my insurance would cover you if I filed a waiver or authorization for you.
    • Confidential Communication and Protection. Since I’m an attorney, the attorney-client privilege applies to our conversations. For example, if you hired a non-attorney consultant to help you and you told the consultant about your activities (and if a scenario happened where those activities could be could be considered criminal or unsafe), the FAA or state prosecutor could subpoena them to testify against you at your prosecution; however, with me, the information you tell me is protected from being admitted in your prosecution because of the attorney-client privilege.

Can a Waiver or Authorization Be Obtained for a Company or is it Only for People? You will want to have your company obtain the waiver or authorization because if your business operations grow, remote pilots you hire can fly under your COA/COW. If you hire people who have the COA/COW themselves, you end up with operational problems when they get sick, die, you have to fire them, they quit, etc. because you’ll have to replace them with someone who has the COA/COW or wait until you get the COA/COW yourself.

What Information Do You Need from Me? Simply let me know what waivers you are interested in and I’ll send you a contract which will request the necessary information. I’ll also send a PayPal invoice to your email. Once I receive payment and a scan of the contract, I’ll submit the application for the waiver.

I Need Your Help with Something Outside of What is Listed. Contact me.

Part 107 Waiver & Authorization Pricing[1]

The prices are good for 30 days from receiving this document in your email or until you receive an email revoking them. These prices are ONLY for Part 107 authorizations or waivers, NOT Part 91 or Public COA waivers.  For all other waivers not listed below, I will be starting to roll out fixed-price waivers at some point here in the future.

Operational Waivers Only:

These operational waivers are only for Class G airspace. They last 4 years. You can obtain authorizations to use them in B, C, D, and E airspace if needed. Nothing in the waivers restrict you from flying in those areas. The waiver can be for a person or a company/organization who has multiple people fly under it (even simultaneously).

We currently are filing for:

  • Night Waivers. 107.29 Operations at night in Class G.  $1,000  (This includes 30 minutes of answering all of your drone law related questions, without having to do research, while the application is pending, even if they are not related to the authorization or waiver I filed for you.)
  • Over People Waivers (Day & Night). $2,500. This allows (1) day over people, (2) night not over people, and (3) night over people operations. It’s a 107.29 and 107.39 waiver. Most of the over people waivers out there are daylight only. This is day AND night over people. That is what makes this one special.

We are presently working on obtaining waivers from some of the regulations below. They are very difficult. Once we have an established process, we plan on offering these waivers in the future. Sign up for the newsletter to stay up to date when we start offering them!

  • 107.25 Operations from a moving vehicle in a populated area.
  • 107.31 Extended line of sight.
  • 107.33 Visual observer.
  • 107.35 A pilot operating multiple aircraft (Swarm).
  • 107.37(a) Not yielding the right of way to manned aircraft.
  • 107.51(a) Operating over 100MPH.
  • 107.51(b) Operating over 400ft AGL.
  • 107.51(c) Operating with less than 3 statute miles of visibility.
  • 107.51(d) Operating within 1,000 feet horizontally of a cloud or within 500 feet below a cloud.

Night & Over People Waiver Related Questions

 

 

Aerial Spraying/Crop Dusting Questions:

What do I need to do to spray chemicals from my drone? (herbicide, mosquito abatement, fertilizer, etc.)

I have a huge article on this aerial spraying drone law located here. If you are:

(1) dispensing any economic poison,

(2) dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control, OR

(3) engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects,

then you are going to need to obtain an agricultural aircraft operator certificate from the FAA.

Additionally, you are also going to need an exemption from certain regulations in the Federal Aviation Regulations because you won’t be able to comply with them.

In short, you’ll need an agricultural aircraft operator certificate AND an exemption to spray using a drone. Pricing on this is dependent on multiple factors. Contact me so we can price it out. There is ALOT involved which might mean we have to do a 30 minute paid discovery session so outline all the issues for you.

Consultations:

If you are interested in doing a 30 minute paid consultation/road mapping session with me ($200 for 30 minutes), contact me.

Airspace Authorizations:

For Part 107 authorizations, I’m currently interested in working with clients to obtain COAs.

[1] Versions 1.3

[2] This airspace authorization/waiver includes a 30-minute phone call to answer all of your questions.