On August 29, 2016, the Federal Aviation Administration’s (FAA) new guidelines regarding the commercial operation of drones became effective. The guidelines represent the FAA’s first comprehensive regulation of drones and are primarily found in Part 107 of the FAA Regulations. They can be found here: https://www.gpo.gov/fdsys/pkg/FR-2016-06-28/pdf/2016-15079.pdf. The FAA has also produced some helpful summaries and guides which can help you understand the new requirements: https://www.faa.gov/uas/getting_started/. The new regulations address the unmanned aircraft or drone itself, the pilot, and the operational limitations for drone flights. Importantly, the new regulations apply only to small drones weighing less than 55 pounds.
Previously, companies had to obtain preapproval through a lengthy process prior to the operation of drones for commercial purposes. Under the new regulations, no preapproval is required. The new regulations require that all drones between 0.55 and 55 pounds be registered with the FAA and properly marked with a registration number. The registration process for drones is completed online. That process can be completed here: https://registermyuas.faa.gov/. For each drone to be registered, you need the UAS Type (home built or purchased), the manufacturer, the serial number, and model number. After each drone is registered, it will receive a unique registration number which must be clearly marked on the drone. The drone registration remains valid for three years. After three years, the registration must be renewed online.
The new regulations also do away with the requirement that drone pilots have a commercial pilot’s license. The new regulations create a new class of pilot’s certificate for remote pilots in command for drones and is easier and quicker to obtain than a traditional pilot’s license. To become a new pilot, you must be at least 16 years old, be proficient in English, be in appropriate physical and mental condition to safely operate a drone, and pass the initial aeronautical knowledge exam at an FAA-approved knowledge center. No flight training or practical exam is required. If you meet the threshold requirements, the first step is to schedule an appointment with a Knowledge Testing Center which can administer the required aeronautical knowledge test. A complete list of testing locations can be found here:
https://www.faa.gov/training_testing/testing/media/test_centers.pdf. The test covers the following initial knowledge areas: (1) applicable regulations; (2) airspace classification and operating requirements; (3) aviation weather sources and effects of weather; (3) small unmanned aircraft loading and performance; (4) emergency procedures; (5) crew resource management; (6) radio communication procedures; (7) determining the performance of a small unmanned aircraft; (8) physiological effects of drugs and alcohol; (9) aeronautical decision-making and judgment; (10) airport operations; and (11) Maintenance and preflight inspection procedures. After successfully passing the exam, a pilot is required to complete FAA Form 8710-13 for remote pilot certificate and register using the FAA’s online system located at: https://iacra.faa.gov/IACRA/Default.aspx. Registration can occur after the system has received verification that of a passing aeronautical knowledge test, typically 72 hours or less after the test. More detailed information about the application and testing process as well as suggested study materials: https://www.faa.gov/uas/getting_started/fly_for_work_business/becoming_a_pilot/.
If you have any questions about the FAA guidelines for commercial drone operations or other design and construction topics, we would be glad to help you. The attorneys of Gibbes Burton are passionate about helping professionals and businesses to minimize risk and build success.