Recently, the
Federal Aviation Administration (FAA) granted several film and television production
companies the right to use UAVs for filming. The FAA’s permission for such use
is an exemption to the general prohibition in the U.S. on the use of UAVs for
commercial purposes and were issued in response to written requests by these
companies pursuant to Section 333 of the FAA Modernization and Reform Act of
2012 (“Section 333”). Section 333 grants the FAA the authority to determine
whether certain UAVs can operate in the national airspace subject to certain
requirements or conditions. According to published reports there have been
approximately 40 such requests made and the FAA is trying to make a decision
upon a request within 120 days of receipt.
The FAA letters
granting approval are quite detailed (and technical). As a result, I have tried
to identify the main requirements below:
- The UAV must
weigh less than 55 pounds (25 Kg), including energy source(s) and equipment.
- The UAV may not
be flown at a speed exceeding a ground speed of 50 knots.
- Flights must be
operated at an altitude of no more than 400 feet above ground level.
- The UAV must be
operated within visual line of sight (VLOS) of the Pilot-In-Command (PIC) at
all times. This requires the PIC to be able to use human vision unaided by any
device other than corrective lenses.
- 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.
- Prior to each
flight the PIC must inspect the UAS to ensure it is in a condition for safe flight.
- The operator
must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul,
replacement, inspection, and life limit requirements.
- The 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 for an
aircraft in which the PIC is rated on his/her pilot certificate. In addition, the PIC must have accumulated and
logged:
- 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; and,
- a minimum of
five hours as UAS pilot operating the make and model of the UAS to be utilized
for operations under the exemption and have conducted three take-offs and three
landings in the preceding 90 days.
- The UAV may not
be operated directly over any person, except authorized and consenting personnel, or below an altitude that is hazardous to persons or property on the
surface.
- The operator
must ensure that persons are not allowed within 500 feet of the area except
those consenting to be involved and necessary.
- The UAS must abort
the flight in the event of unpredicted obstacles or emergencies in accordance
with the operator’s manual.
- Each UAS
operation must be completed within 30 minutes flight time or with 25 battery power
remaining, whichever occurs first.
- The UAV must
yield the right of way to all other manned operations and activities at all
times.
- The operator
must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or
Authorization (COA) prior to conducting any operations under this grant or exemption.
- UAS operations
may not be conducted during night.
- The UAS cannot
be operated by the PIC from any moving device or vehicle.
- The UAV may not
operate in Class B, C, or D airspace without written approval from the FAA.
- At least three
days before flying, the operator of the UAS affected by this exemption
must submit a written Plan of Activities to the local Flights Standards
District Office (FSDO), to include:
- A statement that the operator
has obtained permission from property owners and/or local officials;
and,
- 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.
The
FAA has taken an important first step in allowing the use of UAVs for
commercial purposes in the U.S. The permissions that have been granted are
limited, as they only apply to the specific companies that made the requests.
However, they are useful in identifying the steps the FAA currently consider to
be critical for operating UAVs. Until
the FAA proposes definitive regulations, companies that make a Section 333 request to operate UAVs
for commercial purposes in the U.S. should expect to be subject to similar
constraints or identify alternatives that address the FAA’s safety and operational
concerns.
