Client Alert: FAA Adopts Final Commercial Drone Regulations
On June 21, 2016, the Federal Aviation Administration (the “FAA”) issued its final rules for small commercial drone operation. These final rules apply to commercial drones weighing less than 55 pounds. The rules, effective August 20, 2016, replace the Section 333 exemption process, which formerly served as the method for obtaining FAA permission to operate commercial drones.
Rule Highlights:
The FAA has created a new pilot’s license: Remote Pilot. To commercially operate a small drone, a Remote Pilot must be present and either flying or supervising the drone flight. The new rules generally follow the former Section 333 exemption process. For commercial operators who wish to operate outside the standard rules, the FAA will establish a waiver process. For example, a Remote Pilot hired for movie filming at night would need a waiver from the FAA, since night operations are prohibited.
A notable change, however, is that the new rules authorize package delivery using small drones (transporting property for hire). Packages must be securely attached, may not cross state lines, and certain additional prohibitions exist within the District of Columbia, Hawaii, and any territory or U.S. possession (e.g. Guam). This general permission does not allow for home package delivery because the rules require the drone to remain in visual sight of the operator at all times. The new rules will, however, allow companies to begin testing deliveries up to 1000 feet without further waivers.
People seeking a Remote Pilot license must be 16 years old, be TSA-approved, and pass a knowledge test. Current pilots seeking to add-on a Remote Pilot license must complete an online course from the FAA.
Below is a summary of the small drone rules:
| Flying Drones for Recreation | Flying Drones Commercially | |
| Pilot Requirements | No License Required | Remote Pilot License |
| Drone Requirements | Registered if heavier than 0.55 lbs. | Same; Remote Pilot must conduct a pre-flight check. |
| Location Requirements | Must remain more than 5 miles from any airport unless airport and ATC (“Air Traffic Control”) are notified. | May fly in Class G airspace; or May fly in Class B, C, D, & E airspace with ATC permission. |
| Operating Rules | – Must ALWAYS yield right of way to manned aircraft – Must keep the aircraft in sight (visual line-of-sight) – Drone must be under 55 lbs. – Must follow community-based safety guidelines – Must notify airport and air traffic control tower before flying within 5 miles of an airport |
– Must keep the aircraft in sight (visual line-of-sight) – Must fly under 400 feet – Must fly during the day – Must fly at or below 100 mph – Must yield right of way to manned aircraft – Must NOT fly over people – Must NOT fly from a moving vehicle |
Municipalities that seek to adopt ordinances regulating drone activity in light of the new rules should make sure that their local rules are compatible with federal regulation of airspace.
If you have additional questions about the new FAA rules, please contact Steve Churchwell at steve@whitebrennerllp.com or (916) 468-0945, or Karl Schweikert at karl@whitebrennerllp.com or (916) 458-4932.