FAA Considers A UAS An Aircraft Subject To Additional Flight Restrictions

By Bruce Brandon

So you want to fly a drone. What used to be an activity that was basically unregulated has been grabbed by the FAA as another entity to regulate. While most people agree that reasonable regulation is necessary, our FAA chose to have its head in the sand and failed to anticipate what the rest of the world foresaw and is now playing catchup. Of course, the FAA pays no price for this, only those who are trying actually produce something are.

While the FAA, so far as this author knows, has not publicaly acknowledge this costly mistake, it seems to be at least trying to make at least some amends. Unfortunately, it is still the FAA and what should be a straightforward procedure has become riddled with illogical rules.

Mr. Mark Foisy (pictured), the FAA UAS Specialist from the Great Lakes Region did an excellent job of explaining the rules as they now exist here at AirVenture in the FAA Safety Center Forums Monday July 20, 2015.

The FAA has divided the drone industry into three categories, public operations, civil operations, and hobby aircraft.  Public operations are not something you are likely to be involved with.  That leaves civil operations and hobby aircraft. 

What is a hobby aircraft?  Go to Webster’s Dictionary, as courts often do, and you will find “a pursuit outside one's regular occupation engaged in especially for relaxation”.  The FAA is using that definition or one similar to it.

If that defines your use, you fall under the hobby rules then:

• Fly below 400 feet and remain clear of surrounding obstacles
• Keep the aircraft within visual line of sight at all times
• Remain well clear of and do not interfere with manned aircraft operations
• Don't fly within 5 miles of an airport unless you contact the airport and control tower before flying
• Don't fly near people or stadiums
• Don't fly an aircraft that weighs more than 55 lbs
• Don't be careless or reckless with your unmanned aircraft – you could be fined for endangering people or other aircraft

See Section 336 of Public Law 112-95 (the FAA Modernization and Reform Act of 2012) for more detail.

If you don’t qualify as a hobby aircraft you are a civil operator which of course, has different rules.  The highlights of the rules are that you either get a section 333 exemption or receive a special airworthiness certificate (big bucks).

You probably will want to get the exemption.  The process is thoroughly explained at the FAA web site listed below but there is still some confusion such as the 5 mile restriction re airports doesn’t state whether it is 5 statute or 5 nautical miles.  When this process is completed you will be able to operate your UAS for non-hobby reasons, e.g. commercially with certain restrictions.

Once the exemption is received, you can operate a UAS below 200 ft. agl, in line of sight, away from airports, large assemblies, and other restrictions.  If you need a higher altitude, apply to the FAA for it.

DANGER DANGER WILL ROBINSON.  Since a UAS is considered an airplane, 14 CFR 91 applies.  That means 14 CFR 91.13, careless and reckless, applies. Even though you aren’t required to have an airman’s certificate to fly a UAS, if you do and violate the FARs or the additional restrictions on UAS, you can have any or all you airman certificates suspended or revoked.  You gotta love the FAA.

(Staff Image)

FMI: www.faa.gov