This post applies to individuals or companies who currently operate drones for commercial application. All drone operators need to examine what you’re are doing with your drones and if there is any gray area or overlap with commercial activity, error on the side of commercial application and get your 333 exemption or plan to comply with the new CFR Part 107.
Summer of 2016, the Federal Aviation Association (FAA) released Title 14 CFR Part 107 rules that apply towards commercial use of small unmanned aircraft systems (sUAS). This rule includes the option to apply for a certificate of waiver or authorization (COA) which allows sUAS operators to deviate from Part 107 rules if the FAA finds that the proposed operation is performed safely. Federal, State, and Local government agencies have the option to either operate under Part 107 rule or can apply for a public COA. I’ve include a condensed version of UAS flight requirements as a PDF here.
The table below compares recreational flight requirements with commercial
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Recreational Use |
Commercial Use |
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Pilot Requirements |
No pilot requirements |
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Aircraft Requirements |
Must be registered if over 0.55 lbs. |
Must be less than 55 lbs. |
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Location Requirements |
5 miles from airports without prior notification to airport and air traffic control |
Class G airspace* |
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Operating Rules |
Must ALWAYS yield right of way to manned aircraft |
Must keep the aircraft in sight (visual line-of-sight)* |
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Example Applications |
Educational or recreational flying only |
Flying for commercial use (e.g. providing aerial surveying or photography services) |
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Legal or Regulatory Basis |
Public Law 112-95, Section 336 – Special Rule for Model Aircraft |
Title 14 of the Code of Federal Regulation (14 CFR) Part 107 |
*These rules are subject to waiver.
Waivable sections of Part 107:
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Operations from a moving vehicle or aircraft (§ 107.25)
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Day Operations (§ 107.29)
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Beyond Visual Line of Sight (§ 107.31)
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Visual Observer (§ 107.33)
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Operating Multiple sUAS (§ 107.35)
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Yielding the right of Way (§ 107.37 (a))
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Operations over People (§ 107.39)
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Operations in Certain Airspace (§ 107.41)
FOG HORN 