Hi all,
I wrote an article on our blog that outlines how people of different qualifications can become licensed under the new Part 107, as well as best practices to most easily follow its requirements once licensed. I've copied and pasted the article below.
With all the great and comprehensive content already online, I did my best to be different by offering direct and practical advice for operators.
Original source here: https://blog.nvdrones.com/tips-tricks-for-becoming-licensed-and-operating-safely-under-faa-part-107-3537acf22925#.vckuf6tau
On June 21st, 2016, the FAA officially released Part 107, which is deemed as a set of “operational rules for routine commercial use of small drones.” While Part 107 is less restrictive for commercial drone operators than its predecessor, the Section 333 Exemption, it is also more clearly defined and enforceable by law enforcement agencies. As such, drone operators are well-advised to follow requirements as best they can.
What are the takeaways of this blog post?
1) A consolidated list of online resources that explain more about Part 107
2) An explanation of how drone operators of different qualifications can become licensed under Part 107
3) A list of tips on how drone operators can most easily follow the requirements of Part 107.
Note 1: Thank you to our drone lawyer adviser, Jeffrey Antonelli, for being a contributor to this post. If you ever need a drone lawyer (as suggested at the end of the post), he’s your guy!
Note 2: None of the content of this article may be considered legal advice. Consult a qualified attorney to discuss your particular circumstances.
There are a plethora of online resources that are already available and more are bound to spring up soon. I’ve listed a few below and will continue to update as new resources become available.
How Do I Get Licensed?
There are 4 main categories you’ll most likely find yourself in:
1. I have previously obtained a Section 333 Exemption from the FAA
2. I don’t have a Section 333 Exemption but I’m an actively licensed Part 61 certificated pilot
3. I don’t have a Section 333 Exemption and I’m also not an actively licensed pilot
4. I applied for a Section 333 Exemption but didn’t officially receive it before Part 107 was released
Depending on what category you’ve found yourself in I’ve outlined how you can obtain your drone pilot’s license below:
Category 1: I already have a 333 exemption
Your 333 exemption still applies until it expires 2 years from when it was issued. So, you don’t necessarily need to rush to get licensed under Part 107 to continue your operations. 333 exemptions are still particularly useful when it comes to operations that aren’t covered under Part 107, such as night-time operations — if you have been approved to conduct them.
If you already have a 333 exemption, chances are that you’re an actively licensed pilot. See the section below how actively licensed pilots can become licensed.
Category 2: I don’t have a 333 exemption but I’m an actively licensed pilot
If you are an actively licensed pilot who was trained under Part 61 regulations, you will be able to take an online course to become drone-licensed instead of needing to take an in-person, written, exam at an FAA-approved knowledge testing center. You can also bypass the TSA-background check that non-pilots who must go through Part 107 will have to wait for.
Here is the online course/exam that Part 61 certificate holders can take in order to become drone-licensed.
The best part about being a Part 61-licensed pilot taking the online course? You can avoid the potential backlog that may spring up for Part 107 licenses.
Category 3: I don’t have a 333 exemption and I’m also not an actively licensed pilot
Some of the best and safest drone pilots aren’t manned pilots. It’s awesome that they now can fly drones commercially. However, non-pilots will have a slightly higher barrier to entry than those who are already licensed pilots.
Non-pilots will need to take an in-person, written exam, at an FAA-approved knowledge testing center. These in-person exams are expected to be implemented by the beginning of September. Here is a complete list of FAA-approved centers where in-person exams will take place.
According to the Drone Girl, the test will be split up into 12 major areas:
1. Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation
2. Airspace classification and operating requirements, and flight restrictions affecting small unmanned aircraft operation
3. Aviation weather sources and effects of weather on small unmanned aircraft performance
4. Small unmanned aircraft loading and performance
5. Emergency procedures
6. Crew resource management
7. Radio communication procedures
8. Determining the performance of small unmanned aircraft
9. Physiological effects of drugs and alcohol
10. Aeronautical decision-making and judgment
11. Airport operations
12. Maintenance and pre-flight inspection procedures
The test is largely comprised of questions similar to manned aviation as well as ones specific to drones sprinkled throughout (such as “Small unmanned aircraft loading and performance”). The FAA will allow you 3 hours to take the test and estimates that it will take 20 hours to prepare for the test.
In addition to taking the test at an in-person center, you will also need to wait for a TSA-background check before you can receive a license. From the Part 107 summary, “The FAA anticipates that it will be able to issue a temporary remote pilot certificate within 10 business days after receiving a completed remote pilot certificate application.”
Category 4: I applied for a Section 333 Exemption but didn’t officially receive it before Part 107 was released
The FAA will be sorting these into three tiers. Tier 1 will be for exemption requests that will fall entirely under 107. These will be closed out and the FAA will take no further action. Tier 2 will be requests for night operations, BVLOS operations, etc. and will be put into the new waiver program. Tier 3 will be requests to operate over 55 pounds and other items that are not waivable under Part 107. These will be kept in the 333 program.
Pro tip: Be wary of safety schools or other organizations who claim to prepare you for the Part 107 test and/or will allow you to “buy” the Part 107 license
This is not to say that all flight safety schools are bad — there will be many that are knowledgeable and can provide legitimate value-adding services for you as a commercial operator. However, be smart about it. Here are some questions you should be asking to vet quality organizations:
- Do you currently offer manned aircraft education under Part 61? Note: Just because an organization knows manned aviation does not necessarily mean they are knowledgeable about drones. But, it at least means they know airspace regulations well
- Why are you qualified to run this school?
- What do you know about drones specifically? How long have you been flying or teaching drones?
- How many students have you taught in the past? Do they have reviews that I can look at?
- What is your student pass rate for the exam?
How Can I Protect Myself Once I’m Licensed?
Part 107 is noticeably broad in its wording, especially when it comes to best practices for “safe” flying. However, this does not mean operators do not need to follow strict guidelines and requirements. Think of it like how you serve your clients — they may not tell you how to meet the requirements they give you, but you better meet them no matter what. While there is a decent amount of broad wording in Part 107, you better be able to prove that you did your best to meet its requirements in the case that there’s an accident.
Approach every flight with the mindset of, “If there is an accident on this flight, can I prove that I was doing my best to fly safely?”
With Part 107’s broad approach to safety, it is largely left up to you to make many important safety decisions. Two big ones are:
Is my drone safe to fly in its current condition? Are the weather conditions safe enough for me to fly?
If you can objectively convince yourself that, “yes, I am doing everything in my power to make sure my next flight is a safe one,” then you put yourself in a great position to protect yourself in the worst-case scenario. However, that’s only half the battle — you might be able to convince yourself, but in the case of an accident you’re going to have to convince the FAA. There’s only way you’re going to be able to do that.
Continuously Document Why You Feel You’re Flying Safely
Often times documentation is one of those things where you don’t really need it until you really, really, really need it. Now that the FAA has “codified” Part 107, it gives them teeth to enforce the regulations they didn’t previously have. Flying safely is half the battle and using documentation to prove that you’re flying safely is the other half.
Pilots must “make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the rule.”
Part 107 states that pilots must “make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the rule.” This means that at any point, a local police officer or FAA official can ask to see your flying documentation. Here are a few ways you can document what you’re doing.
Create, standardize, and perform pre-flight checklists for every flight
As part of the documentation requirements, Part 107 states that drone operators must “conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is in a condition for safe operation.” A sample pre-flight checklist is located here:http://www.suasnews.com/2016/06/part-107-pre-flight-checklist/
Pre-flight checklists are a great way to prove that you checked that your drone was airworthy before you took off.
The pre-flight checklist is loosely related to the “airworthiness” portion of Part 107. Unlike airplanes, there is no certification of airworthiness required for your drone. However, you should be able to prove why you feel your drone is “airworthy” (i.e. safe) to fly before every flight. Pre-flight checklists are a great way to prove that you checked that your drone was airworthy before you took off.
If you can prove that 1) your pre-flight checklist is a reliable indicator that your drone is airworthy, and 2) you consistently conduct the pre-flight checklist for every flight, it will make it much easier to prove that you did your due diligence in ensuring your drone was airworthy in the event of the worst-case scenario.
Log Weather and Other Field Conditions to Prove You’re Aware of Your Surroundings
In addition to proving that your equipment is safe to fly, it is equally important to prove that the conditions you are flying in are safe. Part 107 requires at least 3 miles of visibility, which you can check using your local weather report. While not required, it’s also a good idea to log other types of weather conditions. You can reference our past blog post what types of weather conditions can affect your drone’s performance.
Temporary Flight Restrictions (TFR’s) — Check Them When You’re Out in The Field, As Well As When You’re in the Office
Planning No Fly Zones ahead of time will help you to notify airports in advance where needed (a requirement in Part 107). However, planning ahead will not necessarily prepare you for Temporary Flight Restrictions when you’re out in the field, and it’s these TFR’s that can get you in the most amount of trouble.
Be sure to use applications like AirMap to check for TFR’s directly before you fly. AirMap currently has a web and iOS app, as well as an Android version coming soon. While not extremely common, TFR’s can change from minute-to-minute, and you don’t want to find yourself in the wrong place at the wrong time. AirMap also displays controlled airspaces, which is great because flights in controlled airspace require air traffic control authorization.
You can also visit the FAA TFR website at http://tfr.faa.gov/tfr2/list.html to make sure you’re up-to-date with the Temporary Flight Restrictions.
Have a drone lawyer in your Rolodex and refer to them in the worst-case scenario
Accidents can happen no matter how careful you are. And, if an accident does happen, it may or may not be your fault — sometimes s*** just happens. No matter what, you should never “give yourself up” by divulging information about the accident before consulting with your drone lawyer first. You have a right to an attorney and it is in your best interest to exercise it.
It’s Time to Rejoice. Drone Pilots Now Know the Rules of the Game and Can Proceed Accordingly.
Prior to the release of Part 107, the US commercial drone industry has been mired by confusing, unclear, and sometimes unreasonable regulations. While Part 107 is not completely comprehensive for all types of operations, it is difficult to argue against it being a giant step in the right direction for drones to be integrated into the National Airspace. In order to keep moving in that direction, it is the responsibility of nationwide drone pilots to prove that drone operations can be conducted in a safe and professional manner — the future of the commercial industry depends on it.
