Short Video Clips

Our post-production services now include short videos to dress up aerial drone video clips that we have taken. This service is ideally suited to real estate firms that want customized information added to their advertising clips.

Our full-service videos include a number of video clips and photos, introduction slides, overhead map photos, closing slides, and audio track options. The difference with our short videos is that only one selected video clip is modified to include an intro slide with agency contact information and an overhead map photo showing property information such as boundaries.

Our short videos are much easier to create and they provide our clients with tailored information in their aerial videos. This information helps your customers visualize the location of the property and area features.

Although we don’t offer moving boundary lines for our videos, we can add them to the overhead map photos (typically credited to Google Maps). Just about any text information can be added to customize the short video to our client’s requirements.

Interested? Please follow this link to a larger example of the above short video:
https://youtu.be/55B2hrF1y9k

Price information is posted to Our Prices tab, under Post-Production. Economies of scale will apply, so if you have several similar short videos in mind, we can discount our price. Please contact us for details.

Remote Identification of Aerial Drones

New Rule

New Rule Will Impact Small Aerial Drones

Small aerial drone technology will be changing in the next two to three years as the Federal Aviation Administration (FAA) implements new technologies that will enable tracking of drones in the U.S. airspace.

New Rule Affecting Small Aerial Drones

The FAA is currently developing a new rule that will require remote identification of small unmanned aerial systems (UAS). Upon publication of the final rule, all UAS systems flown in the U.S. will have three years to become compliant. Of note, UAS manufacturers must be compliant within two years.

Under this proposed rule, a system of unmanned air traffic management will be implemented to identify and locate aerial drones and their control stations. Information will be accessible to the FAA, national security agencies, and law enforcement. It may also be made available to the public via a cell phone application.

According to the FAA, this new system will address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace while also enabling greater operational capabilities.

How Will This New Rule Be Implemented?

All UAS systems will need to be registered with the FAA. Upon take-off, the FAA envisions that the UAS will broadcast its information via RF while the remote controller will transmit information via the Internet. The FAA has specifically excluded ADS-B Out and transponder technologies due to congestion of those spectrums.

Three classes of Rule implementation are envisioned:

  1. Standard Remote Identification: Your drone will self-broadcast via RF and your remote controller will send data via an Internet connection.
  2. Limited Remote Identification: No drone RF broadcast, but the R/C must have an Internet connection. Flights will be restricted to 400 feet visual line of sight from the operator.
  3. No Remote Identification: Your drone must be operated within visual line of sight and within an FAA-recognized identification area. (The FAA will assign these areas to community-based safety organizations.)

An in-flight database is expected to include location and altitude of both the aircraft and the control station. Registered owner name will not be included at this time, but will be made available by the FAA to law enforcement. My understanding is that law enforcement will not be able to use this technology to force the aircraft down. (They have other methods to capture drones.)

Legacy Aerial Drone Systems

After this new rule phases in, operating your drone without updated remote identification capability will limit flights to within your visual line of sight and restrict your operations to an FAA-recognized identification area. Enforcement provisions don’t appear in the Rule, but the teeth may be implemented in changes to the Code of Federal Regulations.

Further information on the FAA’s proposed rule for Remote Identification of Unmanned Aircraft Systems can be found at:  Federal Register/Vol. 84, No. 250/Tuesday, December 31, 2019/Proposed Rules

Precision 3-Dimensional Mapping

Topography Map, May 2020

Topography Map Draped Over the 2-D Map

Precision 3-Dimensional Mapping

Aerial drones are the ideal method for collecting precision aerial mapping information for your land development projects. This is exciting technology and the map products that we deliver are truly breathtaking.

Each project begins with a client-provided map that outlines the site that needs to be surveyed. We enter this information into our drone’s autopilot (a mapping application), which flies the drone and collects the photos. Our typical settings are 90% overlap and 3 cm/pixel, which are further explained in our Orthomosaic Mapping and Photomapping blogs (parts 1 and 2).

We’re very good at photographing and delivering precision map products. As described below, several of these deliverables require specialized software to take full advantage of 3-D mapping. We do not offer professional cartography services, but instead provide these files to professionals who have the specialized software for these types of projects. The free software applications described below are suggested for viewing our products, but are not endorsed by FAD-Photo as suitable for professional-level mapping. We do believe, however, that many users will find them quite useful.

3-D Map Processing

Using our typical settings, the drone takes 18 photos per acre of land. For large sites, where we collect hundreds of photos, each pixel of the surface is examined at 13 or more different angles. Map processing aligns the pixels and assembles them into a 3-D composite model that includes latitude, longitude, and elevation.

Accuracy? Each photo is tagged with its position and altitude, so the composite model’s position is as accurate as the Global Positioning System. Typically, 3-4 meters.

Altitude information is based on the drone’s barometer, which has an accuracy of 3-4 meters. (We covered this specification in our April 23, 2020 blog.) Map deliverables are normalized to sea level.

Image processing is highly complex, so we use a professional mapping service provider. These are the deliverable products you will receive:

Full Color 2-Dimensional Map

This JPG file is a composite map of the photos, which are combined into a single panoramic map. Instead of a traditional scale, such as 10 meters per centimeter (or 100 feet per inch), the map service provides scale in terms of centimeters per pixel (or inches per pixel).

The JPG map doesn’t include position information, but its TIF counterpart (also a deliverable) has position information for each pixel. Use an application, such as the free QGIS software to view.

3-Dimensional Maps

DEM – Although monochrome, the Digital Elevation Model map (a TIF file) includes position and elevation information for each pixel. Special software, such as QGIS, must be used to view. The mapping service also provides a JPG of the DEM map, but this product doesn’t include position information.

Point Cloud – This is a LAS file, developed for LIDAR applications. At first glance, this full-color type of 3-D map appears fuzzy and not very useful. However, with a good viewer, such as the free Fugro Viewer, you can zoom in on the left panel image and view its corresponding 3-D model on the right panel. This is useful for looking at pixels under trees which would otherwise be masked. Of note, the 3-D model can be rotated in any direction with the mouse.

3-D Object Map – This is also a full-color map that can be rotated in any direction with the mouse. It offers a much sharper appearance than the point cloud, but it doesn’t get under the trees. Three files are required: the main 3D.OBJ file, a 3D.JPG file, and a 3D.MTL file. (You can rename the OBJ file, but don’t rename the other two.) You can open this type of map with the Windows 10 Object Viewer, but the free MeshLab viewer allows full 3-D rotation and zoom with the mouse.

Other Deliverable Map Products from FAD-Photo

The map processing report provides details on your map products, including map location, output size in pixels, scale in inches per pixel, overlap report, etc.

Topographical map (traditional contour map), where the user can specify the color scheme and contour intervals. (A postprocessing fee applies.)

Topographical map draped over the panoramic map. Here, the contour intervals are overlaid onto the full-color 2D map. An example is provided above and a larger example appears on our portfolio page. (A postprocessing fee applies.)

Do you have a special application?

Contact us for the solution. We’re experts in drone photography, mapping, and postprocessing services.

Flying Your Drone in Native American Reservation Airspace

Flying in Native American Airspace

Flying in Native American Airspace

A question was raised during my recent vacation to a National Park in Montana: Do Native American Nations have sovereign authority over their airspace? I had intended to fly the Park’s edge region from Tribal lands (which legally complies with the NPS Policy Memorandum 14-05). However, I realized the rules that apply to airspace over tribal lands might be different.

Airspace Sovereignty from the Native American Perspective

A retired chief of police of an Indian reservation (Gila River Indian Community, AZ) advised that tribal governments are very sensitive of their sovereignty and sacred grounds. He recommended that drone pilots contact the tribal government or police department and ask for permission to fly. The tribes appreciate a show of respect by asking. To sweeten the deal, perhaps you as a drone pilot could offer photos and videos that the tribe could use for its own purposes.

Unfortunately, there have been many cases of trespassers desecrating tribal lands and taking sacred artifacts. As a result, tribal governments now employ their own law enforcement officers that patrol their territory on 4×4’s. My understanding is that you do not want to be on the wrong side of a tribal LEO if you meet up with one!

Has Tribal Sovereignty over Airspace been Settled by the Federal Courts?

In my blog “Does an Aerial Drone Pilot have the Right to Fly Over Private Property?” we looked at property owners’ rights to the airspace within their property lines. It would be consistent, then, that Tribal Nations would have the same airspace rights. That is, they own the airspace up to 500 feet above ground level. This policy was affirmed in a 2016 paper by the University of Oklahoma College of Law Digital Commons “Why Indian Tribes Possess the Sovereign Authority to Regulate Tribal Airspace.” However, in this paper, an argument was made that Tribal Nations own ALL of the airspace within their boundaries.

Of course, such an assertion by tribal governments conflicts with federal regulations and FAA jurisdiction. However, the author makes a good point that Native American Nations enjoy significant sovereignty in other areas of the law. Since the airspace jurisdiction question had not been resolved as of 2016, drone pilots should contact tribal authorities and request their permission to fly.

Your Rights to Retrieve a Drone If It Lands On Private Property, Part 2

What If An Irate Property Owner Has Your Drone?

What If An Irate Property Owner Has Your Drone?

Aerial drones are usually reliable, and in the hands of an experienced operator are brought home with sufficient battery power in reserve. However, there may be circumstances when the aircraft can’t be brought home and it lands on someone else’s property. I established in Part 1 that the property owner does not have a lawful claim on your aircraft. In this blog, we review your recovery options in less-than-friendly circumstances.

What Are My Options?

If the property owner refuses to return your aircraft, or allow you to retrieve it, then you should call local law enforcement to intervene. As long as no harm was done, then it’s likely that the property owner will hand over your drone to a law enforcement officer. Although the owner may be reluctant, they may come around after being advised that they face a charge of larceny if they hold onto it. There are several other ways this scenario can play out (such as intentionally destroying your aircraft), but if none turn out favorable to you, then you’ll have to ask for a law enforcement report and proceed with a civil or criminal complaint.

I recently heard of a scenario where a novice was using their drone for low-level spying, which violates state and federal privacy laws. If the property owner gets your drone under these circumstances (using any available means) your claim is going to be an uphill battle.

If your aircraft gets stuck in the owner’s tree or is on their rooftop, then be prepared to pay for a service to come out to retrieve it for you. For example, this may cost you $150 for a tree service to come out, climb the tree, retrieve your drone, and assure the owner that no harm was done to their tree.

Sometimes the best grease is money. If the property owner is annoyed, then you may offer a modest sum for their troubles. Conversely, if the property owner demands a “salvage” fee, then this may be the path of least resistance that gets your aircraft back. Even if the law of ownership is on your side, getting a legal judgment will be costly and take time. In the meantime, you’ll probably have to buy another drone.

There is the unpleasant scenario where your drone damaged property or injured a person (or animal). In such a case, your drone deprived the owner of their full enjoyment of the land and your situation has become a whole lot more complicated. This is why you need a good liability insurance policy.

What if the Property Owner Refuses to Return My Aircraft?

Aerial drones can be expensive, with the value of some in the thousands of dollars. At this price point, a court proceeding may be worth the cost. For less expensive drones, a court proceeding may give you some degree of satisfaction but the cost may exceed the drone’s value. Some property owners are so belligerent that they will destroy your drone. I wish I could be gentler in advising that you may need to be prepared to accept the loss of your drone.

In Any Scenario with Complications, Document Everything and Take Pictures

If your operations require flying over private property, then carry an insurance policy that covers liability AND loss of aircraft. If it goes down, then collect as much information as possible about the circumstances, take pictures, print out your controller’s log files, and take names. When dealing with property owners, always be professional and affirm their rights as well as your own. Even though the law is on your side, the property owner has possession of your drone so carefully assert your rights in the kindest manner possible.

Does an Aerial Drone Pilot have the Right to Fly Over Private Property?

Does This Sign Apply to Aerial Drones?

Does This Sign Apply to Aerial Drones?

There’s an altitude limit at which property owners own their airspace. Above that altitude, it’s owned by the federal government. But regardless of altitude, airborne aircraft are always operating under the jurisdiction of the Federal Aviation Administration.

Federal case law first established property owner’s airspace in 1946 as a minimum altitude of 83 feet in a foundational ruling by the U.S. Supreme Court “United States v. Causby, 328 US 266 (1946).” A navigable airspace boundary was later established by Congress as the minimum altitude for aircraft flights – stated as 500 feet above ground level. Property rights laws generally accept altitudes below the minimum navigable airspace as the airspace owned by private property owners.

To be clear, the FAA has jurisdiction over all airspace above the ground where aircraft can operate. However, the FAA does not own the airspace below those altitudes defined as navigable airspace.

What Do I Need to Know as a Drone Pilot?

One lengthy legal analysis suggests drone pilots have the right to fly their drones at 400 feet above private property. As you know, 400 feet is also the maximum altitude that drones may operate (with certain exceptions). Note: I couldn’t verify their 400-feet altitude spec, but offer this resource since it cites some good historical information. Whether you’re using 400 feet or 500 feet, current case law favors the property owner if a claim of trespass is made against the pilot.

Does this mean that if you’re doing commercial photography you’re at risk if your drone flies over an adjacent property? Maybe. However, proving loss of the owner’s “full enjoyment of their land” would be difficult if there’s no evidence of: (1) the drone is causing a nuisance: (2) being flown recklessly; or (3) violating your state’s privacy law. In our experience when flying our drone on commercial jobs, it’s very difficult to avoid flying over a neighbor’s private property. So when we’re on a job, we always have a copy of the owner’s (or agent’s) tasking and fly safe.

I’ve been approached by curious neighbors asking what I’m doing with my drone and have found that by explaining the tasking and showing them the drone’s video display it creates a lot of good will. First, they can see that the drone’s wide-angle camera makes it a poor platform for spying. Second, they think it’s very cool to learn about this kind of technology.

This is also a good time to hand out a business card. Sometimes curious neighbors may have a good question down the road, such as “Can I hire you to photograph my property?”

What About Public Lands, Such as the National Parks?

We covered this question in our blog posted on December 7, 2017 “Everything You Never Wanted To Know About Flying Your Drone in the National Parks.” The NPS Director’s Policy Memo 14-05 stated that aerial drones may not be operated from park property, but may be flown over park property (within the FAA’s Part 107 rules). Apparently, federally-owned land managers defer matters of airspace to the FAA.

Summary

Private property owners are within their rights to demand that drone pilots keep their drones away from their property lines. This is a request that responsible drone pilots should respect. Unless a lawful objection has been raised, whenever flying over private property always fly in a safe and professional manner. This will minimize your risk of an unpleasant confrontation and possible legal action.

Instant Photo and File Delivery, Update

We have improved our method to deliver your photo and video files, so this is an update to our blog “Instant Photo and File Delivery,” posted in March.

We Deliver Your Files via Google Drive

We Deliver Your Files via Google Drive

We Deliver Your Photos and Videos Fast!

Often, our clients are on site so when we finish our aerial drone photography session we copy the files to the client’s computer or deliver them on a USB thumb drive.

When the client is not on site, we deliver their files within two business days using our Google Drive account. The process is easy and no software needs to be installed by the client. We send a link via e-mail and the client simply clicks on the link to arrive at a shared folder where they can view and download their files.

Does Google Drive Work For Smart Phones and Tablets?

We haven’t found a platform yet that doesn’t work with G-Drive! Desktop computers seem to be a little easier to work with for most people, but G-Drive can also be used with smart phones and tablets. Although we haven’t tested all of the devices out there, we have been successful with the latest Android and iOS operating systems.

Android

Click on the link in our e-mail and the G-Drive folder should appear. Select the files and then download. The files will appear in your download folder and can be viewed or copied from there.

iOS

Click on the link in our e-mail and the G-Drive should appear. Select the file to view, then save to your file system. You may have to save your files one at a time.

Note: Earlier versions of iOS may give you access to the device’s local file system. Our iPad 9.7 Pro is running iOS v12, which makes it much more difficult to save files to the device’s local file system. The Apple way is to save your files to “My Drive” which means saving to your account on iCloud, DropBox, Google Drive, etc. If someone finds a better way, then please send me a comment.

What Should I Expect To Pay For Aerial Drone Photography Services?

Let’s Start With Some of the Costs of Running a Business . . .

The Business Part of Aerial Drone Photography

The Business Aspect of Aerial Drone Photography

. . . specifically, our drone photography business. There are many operating costs spread across aerial photography operations. They include: drone hardware, accessories, digital camera, camera glide, desktop computer, laptop, tablet, software, office expenses, Internet access, desk phone, mobile phone, aviation liability insurance, FAA certification, transportation, accounting, banking, taxes, etc. These costs are spread across all of our services.

Is a Drone Shoot that Complicated?

We go through a lot of effort to deliver results so you don’t have to deal with these burdens. A hobbyist can go out and buy a drone for less than $500 and then go into “business.” However, that is where the similarity ends. A professional drone operation is so much more than that, so let me explain some of the preparations that go into every drone photography session:

  1. The first step is receiving the task from our client. Through phone conversations and e-mail, we learn about the location and type of photography services desired. (Photography in this article includes videography.)
  2. From there, we look up the location on Google Maps; then check against the FAA’s restricted flight zones. We can fly in certain areas, but others are off limits for drones. Please read our blog.
  3. We then hand-chart the flight requirements onto a hard copy from Google Maps. Tools include self-developed programs to calculate altitudes, speeds, camera tilt angles, fields of view, etc. We know how to translate the client’s requirements into drone commands and can visualize what the camera’s field of view will look like. We’re good at this, very good. Usually, we get our shots on the first try!
  4. Flight requirements are then entered into drone flight programs. We use several, and select the appropriate program for the mission. Some examples: videography, surveying, mapping, etc. Programmed drone flights provide smooth, repeatable missions. This is particularly useful if the client wants us to fly the same mission again, such as for progress reports or seasonal changes.
  5. Driving time to the client’s site is one of our major cost drivers. We need to charge for extra driving time outside our service area.
  6. On site, we look over the terrain for obstacles that may pose a hazard to our drone, such as trees, power lines, light poles, water towers, etc.
  7. The fun part, flying the drone, goes relatively quickly. The preparation steps above help to ensure a successful mission; while collecting the required photography takes less than 20 minutes.
  8. If the client is on site, we download the photography to their computer or give them their files on a USB thumb drive. Otherwise, we upload their files within 24 hours to a cloud service and send them a link. We operate a fee-for-service business, and deliver unlimited copyright with our products.
  9. Returning to the office, we download the files to a desktop computer and back them up onto a storage server. Periodically, we back up client files to BluRay disks and retain them for several years.
  10. Of course, collecting our fees, processing credit cards, accounting, paying taxes, sending receipts, logging flights, etc., all add to the time commitment.

Just a Quick Note on Postprocessing

If the client has asked for postprocessing services, we have a number of high-end desktop programs for photography, videography, and mapping. We’re experts with this software, taking the uncertainty out of the equation and delivering products that meet or exceed the client’s expectations. Examples of our postprocessing products can be found on our Portfolio page.

So, Just How Much Time Do You Spend on a Standard Drone Shoot?

Six hours, which typically breaks down into thirds: (1) Client communications; (2) Mission planning; and (3) Executing the mission. Compared to most other skilled trades, our prices are very reasonable. In the end, we’re in business to earn money, but it just comes down to the fact that we love to fly!

Zoom-in With a Fixed Lens Camera

Zooming In With Your Drone's Fixed Camera Lens

Zoom-in With Your Drone’s Fixed Camera Lens

At one time or another, everyone has had situations where zooming in on a video clip adds that finishing touch. Whether it’s for effect or for greater stand-off distance, the convenience of camera zoom takes your photography to the professional level.

In this blog, I’ll show you how to get Full High Definition (1080p) results at a zoom factor of 1.4x using a fixed-lens camera. This is good information for venues like sporting events and weddings, which can be recorded from the air but at a great enough distance so the drone’s presence has minimal notice. For more information on camera resolution please read my blog Setting Up Your Aerial Drone Camera.

Do I Need an Expensive High-End Drone and Camera?

Although that would be one way to get zoom capability, it can be a very expensive investment. But, let’s look at just one of many high-end drone/camera solutions:

For a modest investment of $5,000 you can purchase a DJI Inspire 2 drone, Zenmuse X5S camera, and Lumix 14-42mm zoom lens and the results will be quite professional. The Lumix lens gives you the standard camera focal length equivalent of 28-84mm. So, with 50mm as the standard for zero magnification, this camera has a zoom range of 0.6x wide angle to 1.7x telephoto. Remember these numbers.

Is There a Less Expensive Alternative?

There’s another solution that is far less expensive and provides excellent results. Many drones on the market can record Cinema 4K video, which has a resolution of 4096×2160 pixels. However, most users are satisfied with a Full HD resolution of 1920×1080 pixels.

What these numbers mean is that to get a digital zoom capability, you can record video in Cinema 4K mode, which leaves plenty of resolution to render any portion of the frame in Full HD. Rendering the video is done in post-processing, where video clips are transformed into the finished video.

For example, we can use our drone to record the desired scene in C4K mode. We start with the equivalent wide angle focal length of the camera’s lens, which is 35mm (0.7x). Using post-processing software, as much or as little of the C4K image can be cropped for the desired magnification. So, when your video is captured in C4K, you can select a crop “window” of up to 50% and render your new “zoomed-in” video in beautiful FHD. In other words, you get a full-definition 1920×1080 pixels! For this level of cropping, you achieve a zoom factor of 1.4x, equivalent to a 70mm telephoto lens.

Compared with the $5,000 solution, which zooms 0.6x to 1.7x, this digital zoom technique gets you 0.7x to 1.4x.

Any More Slick Ideas?

Two for sure . . .

  1. If you want even more zoom, just crop to get the desired magnification. There’s no limit to how much you can crop, though you will start to see the results of lower resolution. For example, you can crop at 25%, which gives you a zoom factor of 2.8x (140mm telephoto) but the resulting FHD video will display a lower resolution of 1024×540 pixels.
  2. Any method of zoom will increase the image’s sensitivity to camera movement. So a small and acceptable level of vibration at 0.7x may be objectionable at 1.4x. Unwanted vibration can be minimized in post-processing using image stabilization. For more information please read my blog Video Production and Post-Processing.

At FAD-Photo, we use the DJI Phantom 4 Professional V2, which provides a highly stable platform capable of stunning high definition photographs and videos. We have mastered the art of taking C4K videos and using our post-processing software to minimize vibration and render FHD videos.

We deliver the results you would expect from a professional aerial drone photography service! For more information, please refer to our Aerial Drone Photography and Video Services page.

Flying Aerial Drones At Night Is NOT Permitted By The FAA

Flying Your Aerial Drone At Night Is Not Permitted (Without Waiver) By The FAA

Flying Your Aerial Drone At Night Is Not Permitted (Without Waiver) By The FAA

Your drone lights up like a Christmas tree at night, but does that mean you can legally fly your aerial drone at night? Some drone pilots think yes, but I haven’t found justification for night flying in the USA without an FAA waiver.

This is another of my blogs where the FAA’s rules are straightforward. You can avoid a lot of boring reading if you will just take my word to fly your aerial drone in daylight conditions unless you receive a waiver from the FAA.

Let’s find out what the FAA has to say about night flying:

The Federal Aviation Administration (FAA) rules are found in the Code of Federal Regulations (CFR) which are federal laws. Those that apply to this topic include:

Title 14 CFR 107.29  Small UAS Daylight Operation.

(a) No person may operate a small unmanned aircraft system during night.

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles . . .

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise.

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset.

Reading this excerpt from the rules, the FAA is clear that Aerial Drones shall not be flown at night. However, flying during periods of civil twilight is permitted as long as collision-avoidance lighting requirements are met. Of note, the LED lights on your DJI drone are nowhere near the intensity to qualify for twilight flying; see line (b) above.

The FAA may issue a WAIVER for night flying

Pilots who wish to fly at night may request a certificate of waiver from the FAA’s Administrator. The waiver request must contain a complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of a certificate of waiver.

14 CFR 107.200  Waiver Policy and Requirements:

(a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in §107.205 if the Administrator finds that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver.

Of note 14 CFR 107.205 specifically includes flying at night. Your waiver application is submitted to the office of the FAA’s Administrator in Washington, DC.

Can I Fly at Night Under the Model Aircraft Rules of Part 101?

There are some remote pilots that have stated the requirements for 14 CFR 101.41 will allow them to operate at night. In my view, this is a stretch of interpretation for most pilots.

The chapter that covers UAS’s, Part 107, specifically excludes aircraft that are qualified to fly under Part 101. In other words, you can’t use Part 101 rules to justify flying Part 107 aircraft.

Why? Part 101 addresses Moored Balloons, Kites, Amateur Rockets, Unmanned Free Balloons, and Certain Model Aircraft (emphasis mine).  Subparagraph 101.41 addresses the Special Rule for Model Aircraft, which some pilots have stated online justify flying their aerial drones at night.

First, there are several requirements that must be met if your aerial drone is to be considered a model aircraft:

  • You may fly for hobby or recreation ONLY
  • You must register your model aircraft
  • You must fly within visual line-of-sight
  • You must follow community-based safety guidelines and fly within the programming of a nationwide community-based organization

That’s it. Night flying is not explicitly permitted in the subpart for “Certain Model Aircraft”.

Remote Pilots that are flying commercial off-the-shelf aerial drones, such as those manufactured by DJI, will have a hard time convincing the FAA that you qualify under Part 101 rules.  Even if your drone was to qualify under Part 101, the relevant subparts that allow night flying don’t apply to model aircraft. They apply to other aircraft categories, for example:

14 CFR 101.17

No person may operate a moored balloon or kite, between sunset and sunrise unless the balloon or kite, and its mooring lines, are lighted so as to give a visual warning equal to that required for obstructions to air navigation in the FAA publication “Obstruction Marking and Lighting”.

14 CFR 101.25

When operating Class 2-High Power Rockets or Class 3-Advanced High Power Rockets, you must comply with the General Operating Limitations of §101.23. In addition, you must not operate Class 2-High Power Rockets or Class 3-Advanced High Power Rockets . . .

(d) Between sunset and sunrise without prior authorization from the FAA . . .

14 CFR 101.35

No person may operate an unmanned free balloon unless . . .

(b) No person may operate an unmanned free balloon below 60,000 feet standard pressure altitude between sunset and sunrise . . .

None of these sections (17, 25, and 35) should be used to justify flying aerial drones at night.

Conclusion

The FAA is very clear in Part 107 that flying aerial drones at night is not permitted unless the pilot has received a waiver. Using Part 101 is not a good interpretation of the meaning and intent of the FAA’s rules. However, there are those venues where flying at night is permitted and waiverable. Some that come to mind include certain sporting events, law enforcement, and fire and rescue.

Another resource that I’ve cited before is Drone Law Attorney “Rupprecht Law.”

Please read their legal opinion on How to Fly Your Drone at Night.