Drones…There’s nothing to be afraid of.
A simple guide for hobbyists, businesses, and government.
This article is broken into three sections: one for the hobbyist, one for the businessperson, and one for the government.
In the area of Homeland Security, drones seem to come up a lot. Usually they conjure up images of robotic aircraft flying around recording and spying on everything Americans are doing.
In reality, the “drones” are small unmanned aircraft which fall under the definition of unmanned aircraft systems (UAS). These are the drones you hear about in the news. They are the drones that have grounded firefighting aircraft and interfered with commercial flights.
Here is a report on the impact of irresponsible drone use:
They are the same ones used by your neighbor to record videos of their kids playing on the beach or by photography businesses working for real estate agents.
Drones can be used responsibly and it is not difficult to do so. We are talking about an unmanned aircraft weighing less than 55 pounds. The Federal Aviation Administration calls them small UAS, but we will call them “drones” for sake of simplification.
NOTE: The following information applies until the new regulations drafted by the FAA go into effect. You can see them here: https://www.faa.gov/uas/nprm/. The new regulations will not impact hobbyists.
Hobbyists:
As a hobbyist, you have a tremendous amount of freedom to obtain and fly a drone. Here is what you need to know:
· You are a hobbyist if the drone is owned by you, you do not fly it for a government agency, and you do not get paid to fly your drone or use if for business purposes.
· You must fly below 400 feet.
· You must keep clear of obstacles.
· You must NEVER interfere with manned aircraft operations.
· You must NEVER fly within 5 miles of an airport unless the airport and control tower, if applicable, are contacted and give you permission.
· The aircraft must weigh less than 55 pounds.
· You cannot be careless or reckless. Like operating any piece of machinery, this could get you fined or imprisoned if you endanger anyone.
Businesses:
There is no question that businesses like the idea of drones. They can bring a new flavor to almost any business. Wedding photographers can get different vantage points. Real estate agents can bring attention to strong points of properties. Entertainment events can showcase their venues. The uses are about as endless as your imagination. However, getting paid to fly a drone or using it for a business puts you under the regulatory authority of the FAA.
Drones flown for this purpose are considered civil aircraft operations. This means, like any government-regulated business, you have paperwork to fill out.
You need a Section 333 Exemption. Section 333 refers to that section of the FAA Modernization and Reform Act. Basically, this section allows drone operators to enter the national airspace system legally and safely. Here is where you can go to request a Section 333 exemption: https://www.faa.gov/uas/legislative_programs/section_333/
You need a Certificate of Waiver or Authorization (COA). The good news is each Section 333 Exemption comes with a “blanket” COA. This allows you to fly your drone under the following conditions:
· Stay below 200 feet.
· Operate only during daytime.
· Operate within line of sight of the pilot.
· Stay outside of 5 nautical miles from an airport with a control tower.
· Stay outside of 3 nautical miles from an airport with an instrument flight procedure, but no tower.
· Stay outside of 2 nautical miles from an airport without an instrument approach or tower.
· Stay outside of 2 nautical miles from a heliport with a published instrument approach.
· You can only fly outside of restricted airspace and outside major cities. Drone flights are not allowed in these areas except with a specific COA issued by the FAA.
· Here’s the hard one for most businesses: To operate a drone for business purposes, by law it needs to be operated by a certificated pilot. This means the operator must hold a pilot’s license and the respective medical requirement. Once the new regulations are effective, most likely you will only need to take a written test to receive an “operators” license.
Government:
There is value in drone use for government agencies. Government agencies are also regulated by the FAA in their use of drones.
Governments need a COA. COAs allow the government to operate a drone, and they are very specific. COAs are specific to the aircraft, the purpose, and the operating area they are allowed to fly. The COAs are also time-limited.
If you are a government agency and wish to apply for a COA, you can do so online, but there are bureaucratic steps to follow including a letter declaring that your agency is recognized as a political subdivision.
The COA then takes approximately 60 business days to be issued.
Drones, at least the ones that are realistically being used within the borders of the United States, are not as menacing or scary after you break down the rules which apply to the three types of users: hobbyists, businesses, and government. There is a tremendous amount of information available on drones, and hopefully this has clarified some of that information.
With this information you can fly safe, have fun, and be responsible.
