The sUAS Guide Issue 02, July 2016 | Page 26

FAA’s New Part 107
Drone Regulations
What Drone Operators Need to Know
by Jonathan Rupprecht, J.D., Esq., CFI, CFI-I

Quick Summary of Part 107:

The FAA released Part 107 on Tuesday, June 21st. Part 107 provides for individuals to obtain their “Remote Pilot Certificate.” This is interesting as the NPRM called them “operators” but the FAA changed the term to “pilot” now. The big distinction now will be whether you are a Part 61 pilot or a Part 107 pilot.

Part 107 will provide a certificate as well as operating rules for drone operators who do not fall into Section 336 to operate their aircraft in the national airspace. The two main groups that will benefit will be the commercial drone operators and public sector operators.

A large majority of the drone operators will fall into Part 107 which will be line of sight, under 55 pounds, daylight, less than 100 MPH, and below 400ft; however this is not a complete fix for everyone. Keep reading below to see what will not be covered by 107. I predicted most of the areas in a previous article on Aug 29, 2015. Another reason to sign up for my newsletter eh?

Summary of the Major Provisions of Part 107

Operational Limitations
• At all times the small unmanned aircraft
must remain close enough to the remote
pilot in command and the person
manipulating the flight controls of the
small UAS for those people to be capable
of seeing the aircraft with vision unaided
by any device other than corrective
lenses.

• Small unmanned aircraft may not operate
over any persons not directly
participating in the operation, not under a
covered structure, and not inside a
covered stationary vehicle.

• Daylight-only operations, or civil twilight
(30 minutes before official sunrise to 30
minutes after official sunset, local time)
with appropriate anti-collision lighting.

• Must yield right of way to other aircraft.

• May use visual observer (VO) but not
required.
• First-person view camera cannot satisfy
“see-and-avoid” requirement but can be
used as long as requirement is satisfied
in other ways.

• Maximum groundspeed of 100 mph (87
knots).

• Maximum altitude of 400 feet above
ground level (AGL) or, if higher than 400
feet AGL, remain within 400 feet of a
structure.

• Minimum weather visibility of 3 miles
from control station.

• Operations in Class B, C, D and E airspace
are allowed with the required ATC
permission.

• Operations in Class G airspace are
allowed without ATC permission.

• No person may act as a remote pilot in
command or VO for more than one unmanned aircraft operation at one time.

• No operations from a moving aircraft.

• No operations from a moving vehicle unless the operation is over a sparsely populated area.

• No careless or reckless operations.

• No carriage of hazardous materials.

• Requires preflight inspection by the remote pilot in command.

• A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.

• Foreign-registered small unmanned aircraft are allowed to operate under part 107 if they satisfy the requirements of part 375.

• External load operations are allowed if the object being carried by the unmanned aircraft is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft.

• Transportation of property for compensation or hire allowed provided that-

o The aircraft, including its attached systems, payload and cargo weigh less than 55 pounds total;

o The flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and

o The flight occurs wholly within the bounds of a State and does not involve transport between (1) Hawaii and another place in Hawaii through airspace outside Hawaii; (2) the District of Columbia and another place in the District of Columbia; or (3) a territory or possession of the United States and another place in the same territory or possession.

• Most of the restrictions discussed above are waivable if the applicant demonstrates that his or her operation can safely be conducted under the terms of a certificate of waiver.
unmanned aircraft operation at one time.

• No operations from a moving aircraft.

• No operations from a moving vehicle
unless the operation is over a sparsely
populated area.

• No careless or reckless operations.

• No carriage of hazardous materials.

• Requires preflight inspection by the
remote pilot in command.

• A person may not operate a small
unmanned aircraft if he or she knows or
has reason to know of any physical or
mental condition that would interfere with
the safe operation of a small UAS.

• Foreign-registered small unmanned
aircraft are allowed to operate under part
107 if they satisfy the requirements of
part 375.

• External load operations are allowed if the
object being carried by the unmanned
aircraft is securely attached and does not
adversely affect the flight characteristics
or controllability of the aircraft.

• Transportation of property for
compensation or hire allowed provided
that-

o The aircraft, including its attached systems, payload and cargo weigh less than 55 pounds total;

o The flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and

o The flight occurs wholly within the bounds of a State and does not involve transport between (1) Hawaii and another place in Hawaii through airspace outside Hawaii; (2) the District of Columbia and another place in the District of Columbia; or (3) a territory or possession of the United States and another place in the same territory or possession.

• Most of the restrictions discussed above are waivable if the applicant demonstrates that his or her operation can safely be conducted under the terms of a certificate of waiver.

Rupprecht Law P.a.

Visit Rupprecht Law's blog for the full version of this article and for the latest on Part 107.

E-mail: [email protected]
If you require immediate assistance call (561)222-6979