On Tuesday, June 21, 2016 the Federal Aviation Administration (FAA) released their final rule on the operation of unmanned aerial vehicles (UAV - or "drones"), covering a broad spectrum of commercial uses for drones weighing less than 55 pounds.
Rule Contents:
Drone operators:
1)
should always avoid manned aircraft and never operate in a careless or reckless manner;
2)
keep your drone within sight. Alternatively, if an operator uses First Person View or similar technology, they must have a visual observer always keep the aircraft within unaided sight (for example, no binoculars).
a. even with the aid of a visual observer, your unmanned aircraft must remain close enough to be able to see it if something unexpected happens.
b. operators and visual observers cannot operate more than one unmanned aircraft at a time.
3)
drones may only fly during daylight or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Minimum weather visibility is three miles from your control station.
4)
the maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure.
5)
maximum speed is 100 mph (87 knots).
6)
Operators cannot fly a small UAS over anyone who is not directly participating in the operation, under a covered structure, or inside a covered stationary vehicle. No operations from a moving vehicle are allowed unless you are flying over a sparsely populated area.
NOTE: You can request a waiver of most operational restrictions if you can show that your proposed operation can be conducted safely under a waiver. The FAA will make an online portal available to apply for such waivers.
Pilot Certification
1)
To operate the controls of a small UAS under Part 107, you need a remote pilot airman certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate.
a. You must be at least 16 years old to qualify for a remote pilot certificate, and you can obtain it in one of two ways:
i.
You may pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center.
ii.
If you already have a Part 61 pilot certificate, other than a student pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online training course provided by the FAA.
b. If you have a non-student pilot Part 61 certificate, you will immediately receive a temporary remote pilot certificate when you apply for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of a security background check.
The FAA anticipates it will be able to issue temporary certificates within 10 business days after receiving a completed application.
UAS Certification
1. Operators are responsible for ensuring a drone is safe before flying, but the FAA does not require small UAS to comply with current agency airworthiness standards or obtain aircraft certification.
Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning properly. This includes checking the communications link between the control station and the UAS.
The UAS must also be registered.
Respecting Privacy
Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area.
The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.
Other Requirements
If you are acting as pilot in command, you have to comply with several other provisions of the rule:
- Drones must be made available to the FAA for inspection or testing on request, and you must provide any associated records required to be kept under the rule.
- Operators must report to the FAA within 10 days any operation that results in serious injury, loss of consciousness, or property damage (to property other than the UAS) of at least $500.
