FAA Grants Drone Exemptions

In another move to free up the airspace for commercial use of UAS the FAA grants drone exemptions to a Real Estate Agent, Douglas Trudeau of Tuscon, AZ and an Agricultural company, Advanced Aviation Solutions based in Spokane, Washington. Mr. Trudeau is using a DJI Phantom Vision 2 + to make real estate videos presumably of the properties he represents. Advanced Aviation Solutions is using their eBee AG UAS to do crop scouting for precision agriculture. This is another good step in the right direction before the administration issues the NPRM and regulations. Both of these business are exempted from an airworthiness certificate for their aircraft, however, the pilot is required to possess a private pilot certificate as well as a current third class medical certificate. In addition to the exemption both must apply for a certificate of authorization (COA) that will enable them to fly in the airspace they intend and to show they have taken the necessary steps for seeing and avoiding other commercial operations.

FAA Fails to Meet The Year End Drone Regulations Deadline

The FAA has missed its deadline of year-end for release of drone regulations. The proposed regulations were delivered to the White House in October but has yet to be released by the administration. Accordingly, the Office of Management and Budget has 90 days to review before release. Once released the public then has it’s time to make comment on the proposed regulations. When it’s all said and done it could be another year before any regulations are in place. This is a nerve-racking process for those fliers that would like to utilize these systems for commercial purposes. Of much interest is how the FAA intends to deal with pilot and aircraft certification. My guess is there will be weight classes as it relates to certification as well as a clear distinction between commercial operations and hobbyist operations. If the past is any predictor of the future then we might see either a requirement for a private pilot license or a commercial pilot certificate. The companies that have received exemption have all been required to possess a PPL to act as pilot in command of their systems being used in movie production. These are also closed sets so a future regulation could require higher certification of the pilot-in-command. We all know this is a hot button item and we’ve seen the explosive growth in the UAS market. It will be interesting to see how this is addressed by the government in the framework of regulations. Previously, many states have preemptively drafted their own regulations as it relates to operation and privacy concerns. Many believe the FAA will issue a clause that governs their right to control all UAS/UAV regulations in the national airspace. Wait for it, it’s going to get more interesting.

Jason Heyman is a single engine and multi-engine Commercial Pilot and Certified Flight Instructor/Instrument who has a passion for all things flight. He is currently working on a Master’s Degree in Unmanned Systems at Embry-Riddle Aeronautical University. If you wish to contact Jason please use the contact us page.

When are we going to have UAV regulations?

This is a good question and one that is being asked by many. In 2012 the FAA was mandated by congress through the FAA Modernization and Reform act to integrate UAS/UAV into the NAS no later than 2015. Well, it appears this might be a tall order in terms of the FAA getting it together by that date. As it stands now we are waiting on the notice of public rule making, the first step in any government law, for the public to make comment. Once that comes I out I’d highly suggest that all those with interest make their concerns known so that the FAA may consider it as they right the regulations. This NPRM is due out prior to the first of the year. Once out I believe it will be open for comment for a total of 90 days although this might change….not sure. There are several concerns as it relates to the use of such systems in the NAS a couple of which I’ll discuss. First and foremost is the safety of all air traffic in the airspace about the United States. This can encompass several facets but for me it has to do with one, pilot certification. Pilots of any aircraft must understand the FAR (Federal Aviation Regulation). This is highly political issue right now because not all users of these systems want to be told they need a pilots certificate. I think most systems, hobbyist types, will be keep doing what they’ve been doing for years while those that are interested in using this technology as a means to make money will be required to attend a ground school, flight training in traditional aircraft, and hold a third class medical. Currently, the FAA has granted several section 333 exemptions and all of those companies that are now entitled to fly are required to be pilots holding Private Pilots Licenses and not Commercial tickets. All systems are also required to be flown LOS (line-of-sight) and have a spotter present. This is a great step forward for commercial operators. Next, the FAA is very concerned with numbers of close encounters with other aircraft. UAVs are currently flown in a number of ways and most have pilots sitting in a GCS (ground control station) that closely monitor all activity and fly both on autopilot and by hand. In the future these systems will most likely fly autonomously. The autonomous flight of today is most definitely not the autonomous flight of tomorrow and with that being said many companies are working on technology that will allow these systems to sense and avoid other air traffic. These are a combination of radars, transponders, TCAS and sensors. Many people also believe this type of UAV/UAS flight will not take place until the NAS has transitioned to new ATC system Next Gen ADS-B Out will be required in the US national airspace by January 2020. This is the ten thousand foot view and if you’d like to discuss further please contact us.

FAA Exemptions for Drone Movie Makers–Well, I’m not sure if this is good news or bad news or a mixture of both at this point. One thing is for sure, the FAA is attempting to play ball with the MPAA. I’ve done pretty extensive research on this topic and have come to the conclusion that one still doesn’t need an exemption from the FAA to continue doing movie video. However, it might be in your best interest to do so. I do think it’s pretty unfortunate that it seems the 7 approved companies might have a monopoly in the business due to their approval. If one reads the exemption though it is very tight on what can be done. Almost to the point of it being very, very, very easy to break the requirements for flight set forth by the FAA. Again, not really sure how that is going to work but I’m anxiously awaiting the outcome. I sincerely hope this is a step in the right direction for the UAV industry but I wouldn’t surprised if this causes some short term pain. Here’s the verbiage set forth by the FAA:

1. The UA must weigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this grant of exemption are limited to the following aircraft described in the proprietary FOPMs: HexaCrafter HC-1100 and Aeronavics SkyJib 8 v.2 Heavy Lifter. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. The UA may not be flown at a speed exceeding a ground speed of 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. 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 medical certificate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manual is considered acceptable to the FAA, provided the additional requirements identified in these conditions and limitations are added or amended. The operator’s manual and this grant of exemption must be maintained 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 operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA granted this exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

8. 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 in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/ component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, the following must be included in the operator’s manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The Pilot In Command (PIC) must possess at least a private pilot certificate and at least a current third-class medical certificate. 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/her pilot certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered non-participants, and the PIC must operate the UA with appropriate distance from non-participants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take-offs and three landings in the preceding 90 days. Training, proficiency, experience-building, and take-off and landing currency flights can be conducted under this grant of exemption to

6

accomplish the required flight time and 90 day currency. During training, proficiency, experience-building, and take-off and landing currency flights all persons not essential for flight operations are considered non-participants, and the PIC must operate the UA with appropriate distance from non-participants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual observer (VO) must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar operations), a flight demonstration, administered by an operator-approved and -qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorized and consenting production personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting production personnel. At all times, those persons must be essential to the closed-set film operations. Because these procedures are specific to participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is necessary for reductions to the distances specified in the petitioner’s manuals. This is consistent with the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television Filming.

17. Regarding distance from non-participating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect non-participating persons (observers, the public, news media, etc.) from debris in the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, C8, S1.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the security perimeter and land or be recovered in accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first.

In addition to the conditions and limitations proposed by the operator, the FAA has determined that any operations conducted under this grant of exemption must be done pursuant to the following conditions and limitations:

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

22. 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.

23. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

8

28. At least three days before scheduled filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights

b. Name and phone number of the operator for the UAS filming production conducted under this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation of the UAS

d. Make, model, and serial or N-number of UAS to be used

e. Name and certificate number of UAS PICs involved in the filming production event

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation

29. The 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.

30. The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

31. 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.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. 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

34. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non-towered airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume operations is provided.

A Texas based search and rescue organization is back up and flying their UAVs to search for missing persons. Recently they received an email from the FAA stating the commercial use of UAVs is illegal. Texas Equusearch requested and emergency injunction. Recently, the court refused to act on the suit because it said the e-mail from FAA had no legal effect, and therefore was not subject to judicial review. The FAA hasn’t backed off of their position stating, “has no bearing on the FAA’s authority to regulate UAS [unmanned aircraft systems]. The FAA remains legally responsible for the safety of the national airspace system.”

Last week the FAA has announced the first commercial drones permit over land. This commercial drones permit has been issued to BP to conduct pipeline survey in Prudhoe Bay, Alaska. Until now the FAA has deemed all commercial drones to be illegal, although, their claim of legality has been challenged in court. This is good news for the industry as a whole, however, there doesn’t seem to be much information on the process by which they’ve issued and approved such a permit. All in all, it’s a step in the right direction for those hoping to use this technology as their business but the transparency by the government is still lacking. BP is currently using one of two FAA approved UAVs, AeroVironments Puma, to conduct their pipeline inspections. We are very much looking forward to seeing some of the other long range UAVs getting FAA certification in the very near future. Until then, we are pleased with this step and look forward to more transparency into the process of application and approval. For more information on this permit check out the FAA’s website

What happens when aerial photography drones crash? What questions to ask before hiring a UAV/Drone pilot

According to DJI, the maker of the personal UAVs, they’re selling upwards of 10,000 weekly. But, with this said, and all the people starting to use these devices for either personal or business, what happens when aerial photography drones crash? Because many business see inexpensive UAVs as a high-tech way to do aerial photography, they are at risk of hiring operators who don’t necessarily know how to fly their aerial photography drones. Recently an aerial photography drone was being used to cover a triathlon in Australia. The UAV had an issue and crashed, unfortunately, into an athlete which resulted in this individual being hospitalized. In Virginia a drone operator crashed his UAV into several people resulting in minor injuries, and luckily, resulted in no lawsuits suggesting an out of court settlement was reached. The operator stated his battery ran out of power during the flight causing the accident. In my opinion, negligence. With all the numbers of people and business’ beginning to fly these aerial photography drones the numbers of accidents will go up drastically. Again, the largest manufacturer is reporting sales of 10,000 weekly. Because of the rise in these numbers law firms have begun to spin up on what little rules and regulations are in place. According to an article written by Fast Company; Florida aviation attorney Timothy Ravich said, ” the operator of a small UAV that loses control and accidentally injures an individual could be named as a defendant in a trial. Though the question of liability is up to a judge and jury, the vehicle’s loss of control could lead to charges of negligence–charges that, depending on the specifics of the situation, could also lead to the UAV’s manufacturer and event organizers being named as defendants as well. In addition, intentionally injuring bystanders with a UAV brings up separate issues of criminal law.”

The FAA is preparing to issue guidance in 2015 and in the next year to three or so 77,000 jobs are expected to be created. This is huge business. Now, back to the question. How can you protect yourself in the event the aerial photography drones crash? The answer is simple for people wanting to use these drones/UAVs for commercial purposes. First, the prospective client of such a business should concern themselves with the pilot of said drone. You want to make sure this individual has experience with the aircraft he or she is flying. This experience will come from attending an FAA approved ground school so the individual is well versed in the rules and regulations of the national airspace system. At the moment, no certification or licensing exists for operators of UAV aircraft in the United States and this will likely change soon. My suggestion would be to utilize a person holding, at the very minimum, an FAA private pilot certificate and preferably a FAA commercial certificate. Second, you want to know the number of hours this person has spent flying this aircraft as there’s no better experience than hours at the controls. Third this individual, and or company, should have an insurance plan in place from an aviation insurance provider. As a prospective client utilizing their services you would like to know the name of the insurance provider and what the coverage consists of.

Sky Eye Aerial Imaging Insurance agent is Transport Risk Managment and Global Aerospace
If you have any questions about this post please contact us here

Commerical UAV Use

NPR interview FAA Chief Huerta

In a recent interview by national public radio, FAA administrator Michael Huerta referred to Unmanned Aerial Vehicles as ‘Unmanned Aircraft’. It appears the decision has been made that remote controlled model aircraft (RCMA) are now being considered ‘aircraft’ as it relates to commercial UAV use. This could have huge implications for both hobbyist and people planning on commercial UAV use. Even though laws don’t exist at the current time for RCMA used for commercial purposes ‘aircraft’ used for commercial purposes do have such rules and regulations. If this interview gives any indication as to what the FAA is planning to do then get ready for the onslaught of regulations. The implications of UAVs being labled aircraft will undoubtedly have a tremendous impact from persons flying the UAVs to the manufacturers of the UAVs. This would mandate federal registration of the aircraft, in this case the UAV, inspections, certification of aircraft and pilot and much, much more. For more information on commercial UAV use please click here

FAA Investigating Drone Use After Tornado

The FAA investigating drone use after tornado in Mayflower, Arkansas last week. In the FAA’s crosshairs are the Fox19 news channel and the operator of the UAV that posted a video of the aftermath of last weeks tornado. The FAA has stated in a policy letter that UAVs for commercial use are illegal. There’s several issue with their logic. First, there has never been any interest by the FAA to regulate remote controlled airplanes. Second, Federal statutes, regulations and case law concerning RCMA do not exist. Third, an NTSB judge tossed out a lawsuit Huerta (FAA administrator) v Pirker in which the FAA levied a 10k fine against this man for using his UAV to make a commercial. Why was it tossed out? Simple. In the absence of any federal statute, regulation or case law that prohibits a particular activity, that activity is legal. In a statement by the FAA, the agency claims that any organization posting a UAV aerial video for commercial purposes will face charges….that’s a whole different blog post.

Is my UAV not considered a remote controlled model airplane? It’s remote controlled, it’s a model built by me, and it happens to be capable of making video which I could use for commercial purposes. Remote-controlled model aircraft are not “aircraft,” as defined in federal statutory and regulation language. So, what is considered an aircraft. According to regulations it is, “a device that is used or intended to be used for flight in the air.” What’s next? Paper airplanes meet the definition of “aircraft” according to the federal aviation regulations. Does this mean they too need to be regulated by inspections? Can they only be operated by licensed pilots? More importantly, if one flies into the eye of an unsuspecting bystander causing a severe injury the FAA and NTSB are required by law to investigate. So it goes to reason that the FAA has never considered paper airplanes as aircraft. So, replace paper airplane with remote controlled model airplane. Just like paper airplanes it meets the definition of aircraft yet the FAA has never had any interest whatsoever in the regulation of RCMA. If they did then the FAA and NTSB would be very busy investigating every crash video on youtube. It goes to reason that the FAA doesn’t consider RCMA aircraft and hasn’t since the first one flew fifty some years ago. It’s an interesting argument and one that’s tested. Just so you know I’m no lawyer, but I have read a lot of rules, regulations, blogs and news articles.

Why Use Real Estate Aerial Video

How are you currently marketing your real estate listings? If your answer is that you’re doing the typical stuff then this is a great time to get into real estate aerial videoand become a leader in the pack. Sell more homes and secure more listings with real estate aerial video and great interior real estate footage. You will gain a solid foothold on your competitors and get more phone calls with this type of marketing. There are a lot of people out there now doing aerial video marketing for real estate. Be careful and make sure to use professional pilots, videographers and photographers. This will ensure that you get a product that will work and make the sales. Real estate aerial video is the upcoming standard by which all real estate marketing will be measured. Feel free to call us with your questions. If we don’t have the answer you’re looking for we will find it and get back to you promptly.