What the FAA’s announcements really mean for commercial multi rotor use
The Department of Transportation and U.S. Federal Aviation Administration have granted regulatory exemptions to six aerial photo and video production companies, which is generally perceived to be the first step to allowing unmanned aerial systems for commercial use.
The Motion Picture Association of America companies granted exemption were Astraeus Aerial, Aerial MOB, HeliVideo Productions, Pictorvision Inc, RC Pro Productions Consulting, dba Vortex Aerial, and Snaproll Media. The FAA has asked for additional information from Flying-Cam, Inc., a seventh aerial video company that filed for exemptions with this group in June. The agency claims to be working closely with the company to obtain the required information.
U.S. Dept. of Transportation Secretary Anthony Foxx made the following announcement on September 25, 2014, on a conference call with FAA Administrator Michael Huerta and Chris Dodd, chairman and chief executive officer of the MPAA.
“Today’s announcement is a significant milestone in broadening commercial UAS use while ensuring we maintain our world-class safety record in all forms of flight,” said Foxx. “These companies are blazing a trail that others are already following, offering the promise of new advances in agriculture and utility safety and maintenance.”
In conjunction with the exemptions, Foxx determined that the specific MPAA unmanned aerial systems to be used in the proposed operations and provided they followed MPAA operations manuals, do not need an FAA-issued certificate of airworthiness, based on a finding they do not pose a threat to national airspace users or national security. The exemptions were also from FAA regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates. To receive the exemptions, the companies had to show their operations would not adversely affect safety, or would provide at least an equal level of safety to the rules from which they seek the exemptions. The agency also will issue Certificates of Waiver or Authorization that mandate flight rules and timely reports of any accident or incidents.
Good news for drone pilots?
This sounds encouraging to small companies and individuals who want to use small unmanned aerial vehicles, or drones, for commercial purpose. However, the grants of exemption are 29 pages containing 35 specific criteria including, but not limited to, the following: the operators must hold private pilot certificates, keep the aerial system
within line of sight at all times and restrict flights to the “sterile area” on the set within 400 feet above ground level and follow a comprehensive list of pre-flight, during flight and post-flight operating procedures/checklists. (You can view the full body of the FAA’s current exemption grants at faa.gov/uas/legislative_programs/section_333/)
Even if similar exemptions are granted to the various individuals and companies who have pending applications, the current grants of exemption would place a huge burden on the unmanned aerial system/drone commercial operator to follow a lengthy and time-consuming list of operational procedures that are unduly burdensome and likely impractical for the small company operator using their 2- to 10-pound unmanned aerial system/drone for commercial aerial photography.
Notably, the current grants of “exemption” are to Federal Aviation Regulations actual aircraft regulations whose applicability to SUAV/drones have already been adjudicated to not be applicable to model aircraft/unmanned aerial systems in the FAA v. Pirker Case. Pirker successfully questioned if any Federal Aviation Regulation was applicable to his model aircraft. Presently, the FAA has appealed to the National Traffic Safety Board full panel. At least six other recently filed lawsuits question the validity of the FAA seeking to enact FAA regulation by policy/interpretation.
The bottom line
So, what does this mean to the individual or smaller company wanting to use their SUAV/drone for commercial uses like aerial photography of real estate, sports, surveys etc.? Will the skies under 400 feet soon be legally filled with SUAVs filming free of alleged regulation? Presently, as mentioned previously, we are still in a Bermuda’s Triangle of contested alleged FAA regulation, interpretation, exemptions and legal controversies, yet to be fully and finally decided.
If the Traffic Safety Board full panel confirms the Pirker ruling, then the Grants of Exemption will effectively be moot as there are no applicable Federal Aviation Regulations to be exempted from. Similarly, if Courts rule the FAA is attempting to bypass the rulemaking process by their own internal policies and interpretations, the Grants of Exemption will also be moot.
Until this FAA legal mess gets straightened out, be conservative, fly safe, stay under 400 feet above ground level, stay away from airports and aircraft traffic areas, use sensible checklists and operating procedures and by all legal and safe means develop your unmanned aerial system business, you are in a progressive and exciting industry of unlimited growth.
