With the commercial success of the DJI Phantom and DJI Inspire, many Unmanned Aircraft Systems (UAS) (popularly referred to as drones) are becoming economically viable for certain industries. Consequently, whether your business is in real estate, construction, agriculture, filmmaking, or an industry that could benefit from the use of a UAS, many businesses are taking a look at how drones can supplement their productivity.
In order to fly a UAS for commercial purposes, the drone operator must meet certain standards put forth by the FAA. Since the use of drones is a new area of aviation, many of the Federal Aviation Regulations (F.A.R.s) cannot, or will not, apply to drone usage and flights. How, then, can a business fly a drone for commercial purposes and not run afoul of the F.A.Rs or FAA?
Under the FAA Modernization Act of 2012, a business can petition the FAA for a “Section 333” exemption, allowing for the piloting of a UAS even though the drone does not meet the requirements of certain F.A.Rs. If the FAA grants a Section 333 petition, a business may operate a drone for commercial purposes.
While the FAA only recently began granting Section 333 exemptions for commercial drone, the FAA has streamlined the exemption process if a business can operate within a certain set of criteria – referred to as a “blanket” Certificate of Authorization or Waiver (COA). Under the new policy, the FAA will grant a COA for flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports.
Under this “blanket” COA, drone operators need to be 5 nautical miles (NM) from an airport having an operational control tower, 3 NM from an airport with a published instrument flight procedure, but not an operational tower, 2 NM from an airport without a published instrument flight procedure or an operational tower, or 2 NM from a heliport with a published instrument flight procedure.
The “blanket” 200-foot COA allows flights anywhere in the country except restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Previously, a business had to apply for and receive a COA for a particular block of airspace, a process that can take 60 days. The FAA expects the new policy will allow companies and individuals who want to use UAS within these limitations to start flying much more quickly than before.
If your business need to commercially operate a UAS, but the “blanket” COA is too restrictive, your business must obtain a separate COA specific to the airspace required for that operation.
The Ison Law Group is prepared and equipped to handle your petition for Section 333 exemption under the FAA Modernization Act of 2012. Give us a call today at 855.LAW.1215 or 863.712.9475.