The FAA rolled out its most comprehensive regulations to date covering everything “non-recreational” about drones. These regulations are geared toward those of us who make money in an industry that experiences mixed feelings of the general public. Are the new regulations crazy and unreasonable? Not even close. They are right where they need to be. For those of us who currently have our 333 exemption, nothing is going to change and we don’t need to apply the new provisions (formerly Part 107). The new regulations are aimed at the drone owner that does not currently have a pilot’s license and falls under the umbrella of the 333 exemption. Instead of a pilot’s license, the new regulations require you pass an Aeronautical Knowledge Test required under Part 107. These testing centers are located nationwide. After you pass the test, you must complete an FAA Airman Certificate and/or Rating Application to receive your remote pilot certificate at: https://iacra.faa.gov/IACRA/Default.aspx.
So, once you have your 333 exemption where can you fly? Not anywhere you want, that’s for sure. You can perform drone operations in a Class G airspace without air traffic control approval but if you plan your flights in ANY other airspace you had better plan ahead. In the past, I was guilty of contacting individual air traffic control centers and getting permission directly. That too ends with these new regulations. You need to formally request access to controlled airspace via a web portal at www.faa.gov/uas. I mentioned planning ahead because the FAA wants your application 90 days prior to your flight. So when that real-estate agent calls and needs you today and that house is not in a Class G area, that agent is going to have to wait. It can be crushing to say ‘no’ to a client because they may never call you again, but to stay legal, this is one of the requirements. Try to manage expectations and have them contact you when they first get the listing so you can plan together.
A frequent comment I get is “No one will know if I fly, so why worry?” As the public becomes more aware of drones, they learn that these laws exist. They may not know the law, but you add privacy concerns to the mix and phone calls to the police will be made. My response is simple “Can you afford to be the guy that gets busted?” These new regulations give the government and local law enforcement a better foothold and I for one would not like to be that guy, so fly legally and safe.
To review, commercial operators still need to:
-Keep the drone within sight at all times.
-Keep drones from flying over people not involved in their operation.
-Limit drone operations to the hours from a half-hour before sunrise to a half-hour after sunset.
-Limit speed to no more than 100 mph.
-Fly no higher than 400 feet.
Commercial drones must weigh less than 55 pounds, fly at a speed of no more than 100 miles per hour, and can only be operated during the daytime and up to 30 minutes before sunrise and after sunset, according to the FAA rules. Drone operators must also be at least 16 years old.
Previously, drone operators had to apply for special waivers from the FAA—a time-consuming and pricey process—to use UAVs for business.
The biggest item we were waiting for was: Will commercial drone operators need a manned pilot’s license? No. And that resulted from a pretty contentious debate among many parties. The FAA relented on this because the time and expense to obtain a pilot’s license could hardly be offset in the drone industry. There are over 600,000 commercial drones currently in the United States and I think the FAA did a great job in listening to all parties when putting out these regulations making them far less restrictive than earlier renditions. Many things like typical use, accidents, complaints and technology will keep these regulations very fluid and over time we will see these current rules change with the times. Drones are getting smarter and cheaper by the week, it seems, so more people want to take advantage of that and they should. Drones are still cool and a great way to give many industries a great tool, but safety has to be the first and last thing every operator thinks about when taking to the skies.
