In This Chapter

Understanding commercial versus personal use

Getting approval for commercial and personal use

Qualifying for experimental certification

Knowing the rules for commercial drones and commercial drone operators

Understanding drone privacy laws

Knowing the proposed micro drone regulations

Participating in FAA enforcement

In Spring 2015, the FAA released a set of proposed rules and regulations to govern the commercial use of drones in the United States. The original set of rules did not carve out any real plan or course of action for the commercial use of drones, which has caused quite a bit of ruckus. In fact, the rules actually made it even more difficult for businesses to be able to use drones for business. The rules are confusing; they are still changing and will likely be constantly changing as drone use expands and evolves. This chapter provides ten tips for staying in line with some of the changing FAA regulations for commercial use.

Commercial versus Personal Use

One of the biggest points of contention in drone regulation is how and when a drone can be used for commercial purposes. Currently, you cannot use a drone for commercial reasons without acquiring special approval directly from the FAA. There is, however, some gray area in defining commercial use. To provide clarity for what is considered commercial versus personal use, the FAA released an interpretive document (FAA-2014-0396) which outlined some specific use case comparisons. Here are a few examples of personal drone use that were outlined, in case you want to ensure that the way you are using your drone is considered personal:

• Flying your drone to take pictures for personal use is considered hobby use. A realtor using a drone to take pictures of a property they have listed, are in process of listing, or intend to list, is considered commercial use.
• Flying your drone at local model aircraft club is considered hobby use. Flying your drone for demonstrating, teaching, or performing in exchange for money is considered commercial use.
• Using a drone to move a box from one point to another without any compensation is considered hobby use. Delivering packages for a fee is a commercial use.
• Viewing a field of crops to determine density, water needs, and so on is a hobby use as long as the crops are being used for personal enjoyment or consumption. Using your drone to view your crops that you are growing for sale is considered a commercial use.

If you have any doubt surrounding how you use your drone, and whether or not the usage would be considered commercial or personal, do this basic test: Am I generating money from these activities whether directly or indirectly? If the answer is yes, you are using your drone commercially.

Getting Approval for Commercial Use

It is currently illegal to operate a drone for commercial uses unless you receive specific authorization from the FAA. In February of 2015, the FAA released a blanket approval for using drones for commercial use; however, to get this clearance you must apply for an exemption, and the FAA still reserves the right to deny exempt status. To apply for a Certificate of Waiver or Authorization, you must go to the FAA website (www.faa.gov) and complete an online application. If you are awarded and exemption, you still must adhere to strict guidelines which include:

• Total unmanned aircraft weight must not exceed 55 lbs.
• Flight altitudes are limited to 200 feet or lower.
• Flights must be conducted during the day.
• The unmanned aircraft must remain in line of site at all times.
• The unmanned aircraft must be at least 5 miles away from an airport with a functioning air traffic control tower.
• Your unmanned aircraft must registered with the FAA.

If your usage falls outside of these parameters, you can apply for a special Certificate of Waiver or Authorization online here (https://oeaaa.faa.gov/oeaaa/external/uas/portal.jsp).

Getting Approval For Public Use

Government agencies can use a drone for governmental purposes if the drone is owned by the government agency or is on exclusive lease for a period of no less than 90 days, and it is being operated for crew training or demonstration purposes only. For any other use, the government agency is required to secure a Certificate of Waiver or Authorization from the FAA. The agency can apply online here (https://oeaaa.faa.gov/oeaaa/external/uas/portal.jsp). Once the application is reviewed and conditionally approved, the FAA will work with the agency to determine a geographic boundary and parameters for the usage of the drone. The FAA will want to ensure that the use will not be in a populated area and will not interfere with manned commercial flights. The COA is typically issued for a period of time that doesn’t normally exceed two years. If you work for a state or local government agency and you want to use a drone, make sure you follow the rules or you may find yourself in a political hot seat.

Gaining Experimental Certification

Several large companies in the United States have been working toward developing commercial drone technology even though the regulations governing commercial drone usage have not relaxed enough for big business to take to the skies. Google has been testing their Project Wing initiative in Australia simply because it was easier to get up and running there than it has been in the United States.

Recently, the FAA rolled out a special certification for organizations that are working on developing unmanned aircraft and need to be able to train ground crew, test technology, and perform demonstrations. This special certification can be acquired by applying directly to the FAA (http://FAA.gov). The FAA reviews each request on a case-by-case basis and then upon approval of the request, the FAA works closely with the applicant to clearly define usage restrictions, including geography, type of aircraft, manner in which it will be used, and so on.

Amazon recently petitioned the FAA and was awarded a certificate to be able to test their experimental delivery drones. The FAA required that Amazon provided rigorous reports on number flights, pilot duty time per flight, malfunctions, anything unusual and any deviations from air traffic controller’s instructions. While this doesn’t solve the bigger issues at hand, it does at least bring company testing back to the U.S.

Capturing the News With a Drone

The FAA frequently asked questions (FAQ) page specifically calls out whether news organizations can use a drone to capture the news, and the answer is no. Using the drone to capture the news, while it doesn’t directly generate revenue, is deemed to be a commercial use for the drone. Now there are legal ways that news organizations are working around this restriction, and with good reason. Drones are a valuable tool for news agencies because they capture footage that would otherwise be unattainable without a news helicopter. In April and May of 2015, a series of horrendous earthquakes occurred in Nepal that caused massive amounts of damage and great loss of life. News organizations were able to capture the magnitude of the damage with the aid of drones. There is no denying that drones are a useful tool for the newsroom.

News organizations can enlist the services of a third party with no official affiliation with news agency to capture footage for them assuming the third party has FAA clearance. This footage could then be used for broadcast and would not be in violation of the FAA rules and regulations. Also, if drone footage is captured without the intent of selling it to a news agency, the footage can be serviced and broadcast. Seems a bit ridiculous but hey, the story isn’t going to tell itself, right?

Knowing the Proposed Commercial Drone Rules

The FAA previously has not allowed any sort of commercial uses for unmanned aerial vehicles. However, the new proposed regulations have loosened this stance but it still provides tight restrictions on how a drone can be used for business purposes. Following is a list of some of the changes:

• The unmanned aircraft must weigh less than 55 lbs. (25 kg).
• The unmanned aircraft must remain within visual line of sight of the operator or visual observer (spotter) unaided by any device other than contact lenses or glasses.
• The unmanned aircraft cannot be flown over people or vehicles
• Usage of the unmanned aircraft is limited to daylight-only operations (official sunrise to official sunset, local time).
• Must yield right-of-way to other aircraft, manned or unmanned.
• Maximum airspeed of 100 mph (87 knots).
• Maximum altitude of 500 feet above ground level.
• Minimum weather visibility of 3 miles from control station.
• No operations are allowed in Class A (18,000 feet and above) airspace.
• Flight above 500 feet requires special permission from air traffic control.
• No person may act as an operator or VO for more than one unmanned aircraft operation at one time.
• The unmanned aircraft must undergo a preflight inspection by the operator.
• A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.

My favorite proposed rule states that you may not be careless or reckless with your drone.

Knowing the Proposed Rules for Commercial Drone Operators

Not only did the FAA propose new regulations for Drones, but also for drone operators. That’s right, if you are going to fly a drone for commercial purposes, there are specific rules governing how to obtain certification to be a legal commercial drone operator. Following is a list of these items:

• A commercial drone operator (operator) must pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center.
• Operators must be vetted by the Transportation Security Administration. This is a security background check to ensure that you are not on any sort of watch list.
• Operator must obtain an unmanned aircraft operator certificate with a small UAS rating (like existing pilot airman certificates, never expires).
• Operator must pass a recurrent aeronautical knowledge test every 24 months.
• Operator must be at least 17 years old.
• Operator must make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the proposed rule. Check out Appendix A for a sample flight log that can be used to track all of your flight time.
• Operator must report an accident to the FAA within 10 days of any operation that results in injury or property damage.
• Operator must conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is safe for operation.

Under the proposed rules, it will not be as simple as buying a drone and charging your batteries. There are several rules designed to keep you and the people around you safe when using your drone for commercial purposes. One key reason why these rules are so rigorous for commercial operators is because the assumption is that commercial operators will operate their drones with greater regularity than hobby flyers. This means more regular congestion in the air which can mean greater chance of incident. The ruling will be made official before 2016.

Following Drone Privacy Laws

The FAA’s proposed regulations for drone usage primarily centered around commercial uses of drones and commercial drone operators. The proposed regulations did not offer any suggested solutions for privacy concerns that have been arising across the country. EPIC (Electronic Privacy Information Center) petitioned the FAA to establish drone privacy rules prior to releasing revised commercial regulations. Now EPIC has taken the battle one step further by suing the FAA stating that the FAA failed to implement privacy rules that were mandated by the FAA. That doesn’t mean that there are no rules whatsoever governing how and what you can do with your drone. Each state has begun hearing and passing laws to protect individual rights of privacy from other individuals including officials and law enforcement. To stay on top of drone legislation, go to the American Civil Liberties Union website at http://ACLU.org.

Understanding the Proposed Regulations for Micro Drones

Several countries, like our neighbor to the north, have created regulation classes for drones based on size and weight. There has been extensive study done on the potential dangers of aircraft collision with small to medium size birds. The findings determined that small birds caused no life-threatening damage to aircraft at or below an altitude of 400 feet. So it is assumed that a small and lightweight drones are not a safety hazard either. For this reason, the FAA is considering drafting a MicroUAS class of regulations for drones that fit certain criteria. Proposed regulations include to govern micro drones include:

• The micro drone must weigh less than 2 kilograms (4.4 lbs)
• The micro drone must be made out of fragile material that can break on impact
• The micro drone must not move faster than 30 nautical miles
• The micro drone must not exceed 400 feet above the ground
• The micro drone must only be flown within the operators sight and the operator must control the plane by sight and not through automated controls.
• The micro drone must remain 5 miles away from any airport.

The proposed regulations are very similar to existing regulations governing drone usage. The primary differences have to do with the weight of the drone, the material that it is comprised of and the speed at which the drone moves.

Helping with FAA Enforcement

It is important for the all drone operators to adhere to the rules, regulations and laws set forth by the FAA. Currently the FAA is not staffed for policing drone usage to ensure adherence to federal regulations. Therefore, they rely heavily on civilians and local law enforcement to keep an eye out. The FAA suggests that “first responders” take the following steps to help them enforce the law:

• Locate witnesses and gather statements on what they witnessed.
• Gather evidence like video footage or photos.
• Document how the drone was used and whether or not it was within a restricted area.
• Contact a regional FAA operational office.

If the FAA receives notice of reckless use of a drone, they may attempt to contact the operator by sending and educational letter. If the letter is not sent from the FAA legal department, you don’t have to sweat to hard. Make sure you read the letter and glean what you can. If the letter is sent from the FAA legal affairs, you may want to pay close attention to see if there is any sort of action being taken. Not responding to these letters can be lead to automatic judgments like fines. The rule of thumb is to play by the rules!