Flying over People and Flying at Night

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Soccer

Flying Over People

The FAA published its final rule on April 21, 2021 regarding aerial drones flying over people and flying at night. It’s posted to the FAA’s website at:  Operations Over People General Overview.

This blog summarizes their new rule, but there are significant details left out for brevity. If you intend to fly over people or at night, then you’ll want to read the details. In addition, the FAA has published further details in their Circular 107-2A.

FAA’s Summary of their New Rule

Cited directly from the FAA, “This rule amends part 107 by permitting routine operations of small unmanned aircraft over people, moving vehicles, and at night under certain conditions. It also changes the recurrent training framework, expands the list of persons who may request the presentation of a remote pilot certificate, and makes other minor changes.”

Mike’s take on Aerial Drone Operations over People

The FAA established four categories of drone operations over people. Category 1 has the lowest requirements through Category 4, which has the strictest requirements.

Category 1 aerial drones must weigh 0.55 lbs or less and are permitted to transit over people as long as rotating parts are covered so as to prevent lacerations (read propeller guards).  However, sustained flight over people is not allowed. Only a one-time transit over an assembled gathering is permitted.

Category 2 aerial drones must meet the requirements of Part 107.120 and be listed on an FAA-accepted Declaration of Compliance. However, sustained flight over people is not allowed. Only a one-time transit over an assembled gathering is permitted. Rotating parts must be covered so as to prevent lacerations.

Section 120 (which is new) states the aerial drone “Will not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object.” (See example below.)

Category 3 aerial drones must meet the requirements of Part 107.130 and be listed on an FAA-accepted Declaration of Compliance. However, sustained flight over people is not allowed. Only a one-time transit over an assembled gathering is permitted, but exposure levels are a little more relaxed than Category 2. Operations over a restricted-access gathering of people is permitted as long as everyone has been notified that a small aerial drone may be flying over them. Rotating parts must be covered so as to prevent lacerations.

Section 130 (which is new) states the aerial drone “Will not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object.” (See example below.)

Category 4 aerial drones and operators must meet a higher degree of certification. The FAA states “Eligible Category 4 small unmanned aircraft must have an airworthiness certificate issued by the FAA under Part 21 and must be operated in accordance with the operating limitations specified in the FAA-approved Flight Manual or as otherwise specified by the Administrator. The airworthiness certificate allows small unmanned aircraft operations for compensation and hire.” The requirements are a good read and recommended for pilots who wish to qualify for Category 4 operations.

How does the FAA calculate Kinetic Energy?

The FAA’s Circular 107-2A page 8-15 provides this formula for calculating the kinetic energy in foot-pounds:

KE = 0.0155 x drone weight (in lbs) x (velocity in mph)²

For example, a DJI Mavic 2 drone weighs about 2 lbs and its terminal velocity is about 45 mph. (Source: MavicPilots forum.) Using these numbers, the KE of a Mavic 2 in terminal velocity (free fall) is calculated to be 63 ft-lbs. Therefore, velocity would have to be reduced to less than 19 mph to comply with Category 2 operations – that is 11 foot-pounds. This number means that you will have to fly low and slow.

Night Operations

This new rule also allows routine operations of small aerial drones at night under two conditions:

  1. The remote pilot in command must complete an updated initial knowledge test or online recurrent training.
  2. The aerial drone must have lighted anti-collision lighting visible for at least three (3) statute miles that has a flash rate sufficient to avoid a collision.

Remote Identification of Aerial Drones, Part 2

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Remote Identification

Coming Soon to Law Enforcement Near You

The aerial drone community is more abuzz than usual with the new FAA rule on UAS Remote Identification. The final rule was published in the Federal Register on March 10 and becomes effective on April 21, 2021. This article updates our July 20, 2020 blog on Remote ID.

Compliance deadlines: September 16, 2022 for manufacturers and September 16, 2023 for operators.

Purpose:

The purpose of Remote identification is to require aerial drones to broadcast their identification and location information. This will help the FAA, law enforcement, and other federal agencies to find the control station when a drone appears to be flying in an unsafe manner or when it enters a location where it’s not allowed to fly.

The FAA’s overview is published at: UAS Remote Identification Overview

The full rule is published at: Federal Register :: Remote Identification of Unmanned Aircraft

How Do I Meet The New Requirements?

There are three ways for drone pilots to meet the new requirements:

(1) Your drone is classified as a Standard Remote ID Drone. That is, your drone was produced with built-in Remote ID broadcast capability, which includes identification and control station location. See the section below to find out if your drone is already compliant.

(2) Your drone has been fitted with a Remote ID broadcast module, which broadcasts identification and take-off location. Many present aerial drone systems fall into this category.

(3) Your drone won’t need to comply with this new rule. The FAA will only allow the drone to be lawfully operated at FAA-recognized identification areas, which are sponsored by community-based organizations or educational institutions.

What’s All This Broadcast Business?

Remote ID broadcast messages will include:

  • A unique identifier for the drone
  • The drone’s lat/lon, altitude, and velocity
  • The control station’s (or take-off location’s) lat/lon and altitude
  • Time mark
  • Emergency status (standard drones only, see (1) above)

FAA Registration

Presently, small aerial drones are registered at the FAA’s web site “Drone Zone.” This date, I don’t see a section for Remote ID Registration, but expect this will be the place for it.

Many Aerial Drones Are Already Compliant With Remote ID

In anticipation of the FAA’s new rule, some drone manufacturers have already programmed Remote ID into their software. At FAD-Photo, our Mavic 2 Pro and Phantom 4 Pro V2 drones are compliant (or nearly compliant). DJI’s control program, Go 4, has fields to enter Remote ID information, but there’s a question as to whether they’re fully compliant. If not, then we expect the remedy will be a software update.

 Check to see if your drone is on the compliant list at Drone U’s web site.

Additional Information

Read what drone manufacturer DJI has to say about Remote Identification at this DroneLife link.

Conclusion

Now that Remote Identification is the law of the land (well, the USA at least) it’s time to start thinking about our compliance deadline of September 16, 2023.

Remote Identification of Aerial Drones

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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

Does a Private Property Owner Have the Right to Shoot Down Your Drone?

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Shooting at a Drone is Illegal

Shooting at a Drone is Illegal

Shooting down an aerial drone is a federal crime and could result in criminal liability. Regardless of how a property owner feels about a drone’s (perceived) invasion of privacy over their private property, there are more civil solutions available.

State Privacy Laws Favor Property Owners

We established in our May 2019 blog that case law has favored property owners for altitudes up to 500 feet above their property. So, the wise drone pilot will ensure that they’re flying in accordance with FAA regulations and avoiding any appearance of: (1) the drone is causing a nuisance: (2) being flown recklessly; or (3) violating your state’s privacy laws.

Federal Aviation Laws Favor Drone Pilots

For obvious safety reasons, a drone hit by gunfire could crash, causing injury to persons or damage to property on the ground, or it could collide with other objects in the air. So, shooting at an unmanned aircraft could result in criminal or civil liability, just as firing at a manned airplane. The FAA has cited federal law in their declaration that shooting a drone constitutes a federal crime and could result in criminal liability. Where does it say that?

Federal Law states it in U.S. Code Title 18, Section 32 “Whoever willfully sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States . . . shall be fined under this title or imprisoned not more than twenty years or both.” Under subsection (c), threatening a drone or a drone operator would also be a federal crime subject to five years in prison.

What if My Drone is Shot Down?

Aerial drone pilots who have an FAA registration number affixed to their aircraft, are Part 107 certified, and flying in accordance with FAA rules will probably have a good case for filing a criminal complaint . . . As long as they’re respecting the rights of property owners! However, case law can go against the drone pilot if it can be shown that they were depriving the property owner of their rights, particularly invasion of privacy.

Summary

Drone pilots must be careful about flying over other people’s property, especially at low altitude. State laws control property rights and in at least one case have favored an owner for shooting down a drone that was allegedly used for spying. In light of Amazon’s recent approval to deliver small packages by drones, the gray areas between federal and state rights certainly need to be clarified.

Drone pilots should know their rights but also avoid situations that may place their drone in jeopardy. Getting entangled in the legal system is expensive and should be avoided if at all possible.

Don’t miss our next blog on your right to retrieve a drone that lands/crashes onto private property.

Visual Observers For Your Aerial Drone Operations

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Ear Buds Provide Hands-Free Communications With Your Visual Observer

Ear Buds Provide Hands-Free Communications With Your Visual Observer

The FAA does not require an Aerial Drone Visual Observer (VO) for Small UAS operations. However, the optional VO is an important member of your team as he/she can help maintain situation awareness. For example, things can get dicey real fast when a low flyer, such as a helicopter, suddenly appears. This is especially true when operating near airports, private fields, hospitals, etc.

The VO helps the pilot assess the drone’s position, attitude, altitude, and direction. The VO also observes the air space for other air traffic or hazards.

Prior to getting airborne, the VO should be briefed on the flight plan and maintain communications with the pilot. The VO is not required to have any kind of certification and cannot operate the drone. If there’s more than one drone operation going on at the same time, the VO must be dedicated to one drone only.

I’m a Drone Pilot, so how can a Visual Observer be Useful to Me?

The FAA states in Part 107.33 that . . . “the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight . . .” The FAA goes on to state that either the VO or (emphasis mine) the person manipulating the flight control satisfies this requirement.

Many of my commercial drone flights go behind buildings and landscape features such as trees. So, I often engage the client as a VO or my wife, who accompanies me on many of my flights. For some of my more complicated flight plans, we use earbuds with our cell phones so we can position ourselves to maintain visual contact with the drone and voice contact with each other.

Can I use Binoculars to Keep Track of my Drone?

The FAA states that vision must be unaided by any device other than corrective lenses. Since small drones tend to be real hard to spot when their distance from the operator exceeds several hundred feet, a strobe light can greatly extend your line of sight. For example, Firehouse Technology offers compact, self-contained strobes that weigh less than 8 grams. You’ll want to ensure it doesn’t impact your drone’s airworthiness.

Can I use the Drone’s Camera View to Maintain Visual Contact?

Aerial drones can operate at great distances from the operator and download a camera view in real time. However, the FAA requires that the pilot/VO must maintain visual line of sight to the drone. This question was more explicitly addressed in development (pre-Part 107) documents.

Want More Information?

Please refer to the FAA’s requirements for Visual Observers found in Part 107.33 of Title 14 CFR.

How Serious Are You About Commercial Aerial Drone Photography – Do You Have a Remote Pilot FAA Certification?

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FAA Remote Pilot Certificate

FAA Remote Pilot Certificate

Having the right answer in case anyone asks (or anything goes wrong) is that you have a Remote Pilot FAA Certification. Better yet, being certified means that you have prepared for and passed an exam that demonstrates your knowledge in relevant areas. Therefore, certification will help you to avoid incidents where you may become legally liable, especially if you’re flying for profit.

Remote Pilot certification requirements were relaxed with the publication of 14 CFR Part 107 on August 29, 2016. Prior to that date, a pilot’s license or FAA waiver was required. Since then, remote pilot certification follows a process specifically tailored for small aerial drones.

There are a number of Internet resources that explain the process. One that I found informative was posted by a lawyer who specializes in drone law:
http://jrupprechtlaw.com/get-faa-drone-pilot-license-first-time-current-pilots

Requirements

The applicant must be at least 16 years old, be physically and medically fit for safe operations, understand the English language, and pass the initial aeronautical knowledge test.

Aeronautical Knowledge Test Areas

The FAA administers exams through contractors. In my case, I took the exam at the Computer Assisted Testing Service (CATS) testing center in Ashland, VA. Test areas included:

1. Regulations
2. Airspace Classification and Operating Requirement
3. Aviation Weather Sources
4. Small Unmanned Aircraft (UA) Loading and Performance
5. Emergency Procedures
6. Crew Resource Management
7. Radio Communications
8. Performance of a Small UA
9. Physiological Effects of Drugs and Alcohol
10. Aeronautical Decision Making
11. Airport Operations
12. Maintenance and Preflight Inspections

The test consists of 60 multiple-choice questions, with a minimum score of 70%.

Certification process

Upon passing the exam, the CATS testing center will notify the FAA. Register for an FAA remote pilot certificate online at: https://iacra.faa.gov/iacra. Your temporary certificate will be issued by the FAA within a few days.

Your permanent certificate requires further vetting by the FAA and TSA and will arrive some 6-8 weeks later. For example, a copy of mine is shown above. As some of you may have been the victim of identity theft (as I have) my date of birth has been masked.

One final and very important note. For commercial operations, your drone(s) must be registered with the FAA and the registration number affixed to the airframe. There are steep fines for failure to register your drone!

Fly Safe!