As an attorney specializing in Drone/UAV/UAS law and co-founder, President and General Counsel of an FAA approved Drone/UAV/UAS company named SkyViewHD, I have been exactly where most Drone/UAV/UAS operators are today and am able to share my experience and insight into navigating the numerous FAA regulations. U.S. Congress has mandated that the Federal Aviation Administration (FAA) regulate Drones/UAVs/UASs in the U.S.
I deliver a unique insight into client matters as I tackle legal issues in the constantly changing Drone/UAV/UAS marketplace. I utilize sound legal and business judgment and have the ability to combine common sense solutions and legal considerations when providing strategic Drone/UAV/UAS advice. Due to the technical and regulatory obstacles involved in the process, it is prudent to utilize someone experienced in the steps necessary to help you work with the FAA.
There has been a significant regulatory change to FAA regulations which control the commercial operation of Drones/UAVs/UASs in the U.S. The new regulation, referred to as Part 107, permits an unlicensed pilot to fly a Drone/UAV/UAS for commercial purposes. Part 107 permits an operator to take an aeronautical knowledge test and acquire an operator’s certificate and also removes the visual observer requirement.
Not only am I able to assist with FAA regulations but I can assist Drone/UAV/UAS operators with business formation, contracts and agreements, and in the event Drone/UAV/UAS litigation arises.
FREQUENTLY ASKED QUESTIONS
Do I need a Section 333 FAA Exemption?
With the FAA’s implementation of Part 107, a Section 333 Exemption has far less value today than in the past and is only necessary for a unique niche of drone operations. The Section 333 Exemption is extremely restrictive due to the requirement that the Pilot in Command hold a pilot’s license for manned aircraft and have a visual observer for all flights.
What is Part 107?
In August 2016, the FAA released a new regulation is known as “Part 107″ so that someone who does not have pilot’s license for manned aircraft may operate a Drone/UAV/UAS for commercial purposes. Instead of needing to be a licensed pilot to fly, an operator will take an aeronautical knowledge test and need to acquire an operator’s certificate. Part 107 also removed the requirement for a visual observer which creates significant business efficiencies.
What is a commercial purpose?
A commercial purpose, as defined by the FAA, occurs when a Drone/UAV/UAS operator derives a commercial benefit even if there is no exchange of money. For example, a real estate agent or broker that purchases a Drone/UAV/UAS and films a piece of property that they have listed in an attempt to assist with the sale of the property needs to have an FAA Exemption. Unauthorized use of a Drone/UAV/UAS for commercial purposes may result fines by the FAA. Many people don’t think the FAA cares about unauthorized Drone/UAV/UAS use but the FAA has recently proposed significant fines and all indications are that the FAA will ramp up enforcement and corresponding fines in large part due to the incidents near airports and the general public which could be catastrophic to people and property.
Am I required to have a be a licensed pilot for manned aircraft?
Only under Section 333 but not under Part 107 as the FAA issues a different certificate to operate under Part 107.
Is Stiles Law, P.A. allowed to guide me on laws related to Drone/UAV/UAS use?
Typically, I am able to assist with FAA regulations in almost any state in the U.S. but I only advise clients located in Florida or considering doing business in Florida on specific compliance requirements under Florida law. Florida has a specific “drone” law which each and every operator must understand and this applies to the commercial user as well as the hobbyist.