This lesson focuses on rules for safe operation and describes:

• Operational requirements and limitations for sUAS
• Certificates of waiver for select requirements in part 107

14 CFR part 107 prohibits operation of a small UAS at night, defined in 14 CFR part 1 as the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the Federal Air Almanac, and converted to local time.

The Federal Air Almanac provides tables to determine sunrise and sunset at various latitudes. For example:

• In the contiguous United States, evening civil twilight is the period of sunset until 30 minutes after sunset and morning civil twilight is the period of 30 minutes prior to sunrise until sunrise
• In Alaska, the definition of civil twilight differs and is described in the Federal Air Almanac

Visit the Naval Observatory website where you can download these tables and customize them for your location.

When sUAS operations are conducted during civil twilight, the sUAS must be equipped with anti-collision lights that are capable of being visible for at least 3 statute miles.

However, the Remote PIC may reduce the intensity of the lighting if he or she has determined that it would be in the interest of operational safety to do so. For example, the Remote PIC may momentarily reduce the lighting intensity if it impacts his or her night-vision.

The small unmanned aircraft must remain within visual line-of-sight (VLOS) of flight crewmembers. Visual line of sight means any flight crewmember (i.e. the Remote PIC; person manipulating the controls; and visual observers, if used) is capable of seeing the aircraft with vision unaided by any device other than corrective lenses (spectacles or contact lenses).

Crewmembers must operate within the following limitations.

• Minimum visibility, as observed from the location of the control station, must be no less than 3 statute miles
• At minimum aUAS must not be closer than 500 feet below a cloud and 2,000 feet horizontally from a cloud

One of the ways to ensure adherence to the minimum visibility and cloud clearance requirements is to obtain local aviation weather reports that include current and forecast weather conditions. WeatherTap

Crewmembers must be able to see the small unmanned aircraft at all times during flight. Therefore, the small unmanned aircraft must be operated closely enough to the control station to ensure visibility requirements are met during small unmanned aircraft operations.

Visual line of sight must be accomplished and maintained by unaided vision, except vision that is corrected by the use of eyeglasses (spectacles) or contact lenses.

Vision aids, such as binoculars, may be used only momentarily to enhance situational awareness. For example, the Remote PIC, person manipulating the controls, or visual observer may use vision aids briefly to avoid flying over persons or to avoid conflicting with other aircraft.

The Remote PIC or person manipulating the controls may have brief moments in which he or she is not looking directly at or cannot see the small unmanned aircraft, but still retains the capability to see it or quickly maneuver it back to line of sight.

These moments should be for:

• The safety of the operation, such as briefly looking down at the control station or scanning the airspace. To scan for traffic, the crew should systematically focus on different segments of the sky for short intervals.
• Operational necessity, such as intentionally maneuvering the aircraft for a brief period behind an obstruction

There is no specific time interval for which interruption of visual contact is permissible. Such parameters could potentially allow a hazardous interruption or prohibit a reasonable one.

The Remote PIC or person manipulating the controls must attempt to regain visual line of sight:

• Immediately, if he or she unintentionally loses sight of the aircraft
• As soon as practicable, if he or she loses sight of the aircraft for operational necessity

The small unmanned aircraft must be operated in accordance with the following limitations:

• Cannot be flown faster than a groundspeed of 87 knots (100 miles per hour)
• Cannot be flown higher than 400 feet above ground level (AGL) unless flown within a 400-foot radius of a structure and is not flown higher than 400 feet above the structure’s immediate uppermost limit

No person may operate a small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base. The Remote PIC also has a responsibility to remain clear of and yield right-of-way to all other aircraft, manned or unmanned, and avoid other potential hazards that may affect the Remote PIC’s operation of the aircraft. This is traditionally referred to as “see and avoid”.

To satisfy this responsibility, the Remote PIC must:

• Know the location and flight path of his or her small unmanned aircraft at all times
• Be aware of other aircraft, persons, and property in the vicinity of the operating area
• Be able to maneuver the small unmanned aircraft to:
  • Avoid a collision
  • Prevent other aircraft from having to take evasive action
• Avoid operating anywhere where the presence of his or her unmanned aircraft may interfere with operations at the airport, such as approach corridors, taxiways, runways, or helipads
• Yield right-of-way to all other aircraft, including aircraft operating on the surface of the airport

First-person view camera cannot satisfy ‘‘see-and-avoid’’ requirement. However, such cameras can be used as long as the “see-and-avoid” requirement is satisfied in other ways.

Many sUAS operations can be conducted in uncontrolled, Class G airspace without further permission or authorization. However, operations require prior authorization from Air Traffic Control (ATC) in Class B, C, and D airspace and within the lateral boundaries of the surface area of Class E airspace designated for an airport.

It is incumbent on the Remote PIC to be aware of the type of airspace in which they will be operating their sUAS. As with other flight operations, the Remote PIC should refer to current aeronautical charts and other navigation tools to determine position and related airspace.

Temporary Flight Restrictions (TFRs) are inclusive of sUAS operations. For that reason, it is necessary for the Remote PIC to check for Notices to Airmen (NOTAMs) before each flight to determine if there are any applicable airspace restrictions.

Common TFRs that relate to sUAS operations include, but are not limited to:

• Presidential TFRs and NOTAMs
• Emergency response TFRs and NOTAMs
• Standing TFRs that go into and out of effect (e.g., stadiums for sporting events)

No person may operate a small unmanned aircraft in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate.

The Remote PIC must comply with the following provisions:

• The provisions of 14 CFR part 99.7, Special Security Instructions
• The following provisions of 14 CFR part 91 subpart B, Flight Rules:
  • 14 CFR part 91.137   Temporary flight restrictions in the vicinity of disaster/hazard areas
  • 14 CFR part 91.138   Temporary flight restrictions in national disaster areas in the State of Hawaii
  • 14 CFR part 91.139   Emergency air traffic rules
  • 14 CFR part 91.141   Flight restrictions in the proximity of the Presidential and other parties
  • 14 CFR part 91.143   Flight limitation in the proximity of space flight operations
  • 14 CFR part 91.144   Temporary restriction on flight operations during abnormally high barometric pressure conditions
  • 14 CFR part 91.145   Management of aircraft operations in the vicinity of aerial demonstrations and major sporting events

Visit the Resources page to access these provisions.

ATC has the authority to approve or deny aircraft operations based on traffic density, controller workload, communication issues, or any other type of operations that could potentially impact the safe and expeditious flow of air traffic in that airspace.

When ATC authorization is required, it must be requested and granted before any operation in that airspace. There is currently no established timeline for approval after ATC permission has been requested because the time required for approval will vary based on the resources available at the ATC facility and the complexity and safety issues raised by each specific request.

For this reason, Remote PICs should contact the appropriate ATC facility as soon as possible prior to any operation in Class B, C and D airspace and within the lateral boundaries of the surface area of Class E airspace designated for an airport.

Most sUAS use radio frequencies to establish the data link between the control station and the small unmanned aircraft.

Considerations for radio frequencies used in sUAS operations include:

• Frequency interference
• Line of sight/obstructions

The most commonly used sUAS frequencies are 2.4GHz and 5.8GHz.

These unlicensed radio frequency bands are regulated by the Federal Communications Commission (FCC). 

These frequencies are also used for computer wireless networks and microwaves. Therefore, frequency interference can cause problems when operating an unmanned aircraft in areas with many wireless signals (e.g., near dense housing or office buildings).

• Lost links and flyaways are some of the reported problems with sUAS frequency implications 
• To avoid frequency interference many modern sUAS operate using a 5.8GHz system to control the small unmanned aircraft and a 2.4GHz system to transmit video and photos to the ground
• Consult the sUAS operating manual and manufacturers recommended procedures before conducting sUAS operations

Both sUAS radio frequency bands (2.4GHz and 5.8GHz) are considered line of sight.

Be aware that the command and control link between the control station and the small unmanned aircraft may not work properly when barriers are between the control station and the unmanned aircraft.

Radio transmissions, such as those used to control an unmanned aircraft and to downlink real-time video, must use frequency bands that are approved for use by the operating agency. Operations on licensed band frequencies require a user-specific license for all civil users, except federal agencies, to be obtained from the FCC.

Visit the Resources page to access the FCC Licensing website that provides information about spectrum authorization.

You may not operate a small unmanned aircraft directly over another person unless that person is:

• Directly involved in the operation (such as a visual observer or other crewmember)
  OR
• Within a safe cover, such as inside a stationary vehicle or a protective structure that would protect a person from harm if the small unmanned aircraft were to crash into that structure

To comply with limitations on sUAS operations near persons not participating in the operation, the Remote PIC should employ the strategies described below.

• Select an appropriate operational area for the sUAS flight
  • Ideally, select an operational area (site) that is sparsely populated
  • If operating in populated/inhabited areas, make a plan to keep non-participants clear, indoors, or under cover
  • If operating from a moving vehicle, choose a sparsely populated (or unpopulated) area and make a plan to keep sUAS clear of anyone who may approach
• Adopt an appropriate operating distance from non-participants
• Take reasonable precautions to keep the operational area free of non-participants

14 CFR part 107 permits operation of an sUAS from a moving land or water-borne vehicle over a sparsely populated (or unpopulated) area. However, operation from a moving aircraft is prohibited. 

Additionally, small unmanned aircraft that are transporting another person’s property for compensation or hire may not be operated from any moving vehicle. 

You may also operate an sUAS to transport another person’s property (cargo) for compensation or hire provided you comply with the additional requirements described below.

• The total weight of the sUAS (including the cargo) must remain below 55lbs
• The sUAS operation must be within the boundaries of a State (intrastate)
• No items may be dropped from the small unmanned aircraft in a manner that creates an undue hazard to persons or property
• You may not operate the sUAS from a moving land vehicle or water-born vessel

Operations from moving vehicles are subject to the same restrictions that apply to all other part 107 sUAS operations.

Examples include:

• Visual Line of Sight: The Remote PIC (and the person manipulating the controls, if applicable) operating from a moving vehicle or watercraft is still required to maintain visual line of sight for the sUAS
• Operations over People: Operations are still prohibited over persons not directly involved in the operation of the sUAS, unless under safe cover. The Remote PIC is also responsible for ensuring that no person is subject to undue risk as a result of loss of control of the small unmanned aircraft for any reason.
• Communication: The  visual observer and Remote PIC must still maintain effective communication
• No Reckless Operation: Part 107 also prohibits careless or reckless operation of an sUAS. Operating an sUAS while driving a moving vehicle is considered to be careless or reckless because the driver's attention would be hazardously divided. Therefore, the driver of a land vehicle or the operator of a water-borne vehicle must not serve as the Remote PIC, person manipulating the controls, or visual observer.

Other laws, such as State and local traffic laws, may also apply to the conduct of a person driving a vehicle.

Many states currently prohibit distracted driving and state or local laws may also be amended in the future to impose restrictions on how cars and public roads may be used with regard to an sUAS operation. The FAA emphasizes that people involved in an sUAS operation are responsible for complying with all applicable laws and not just the FAA’s regulations.

Part 107 does not allow operation of an sUAS if the Remote PIC, person manipulating the controls, or visual observer is unable to safely carry out his or her duties and responsibilities. 

While drug and alcohol use are known to impair judgment, certain over-the-counter medications and medical conditions could also affect the ability to safely operate a small unmanned aircraft. For example, certain antihistamines and decongestants may cause drowsiness. 

You may not directly participate in the operation of an sUAS if you know or have reason to know that you have a physical or mental condition that would interfere with the safe operation of the sUAS.

Part 107 prohibits a person from serving as any sUAS crewmember if he or she:

• Consumed any alcoholic beverage within the preceding 8 hours
• Is under the influence of alcohol
• Has a blood alcohol concentration of .04% or greater
• Is using a drug that affects the person’s mental or physical capabilities

No person may operate an sUAS in a careless or reckless manner so as to endanger another person's life or property. Part 107 also prohibits allowing an object to be dropped from an sUAS in a manner that creates an undue hazard to persons or property.

Examples of hazardous operation include, but are not limited to:

• Operations that interfere with manned aircraft operations
• Operating an sUAS over persons not directly participating in the operation
• Loading the sUAS beyond its capabilities to the point of losing control

Other laws, such as State and local privacy laws, may apply to sUAS operations. The Remote PIC is responsible for reviewing and complying with such laws prior to operation.

In addition, Remote PICs are encouraged to review the Department of Commerce National Telecommunications and Information Administration (NTIA) best practices that address privacy, transparency and accountability issues related to private and commercial use of sUAS.

Visit the Resources page to access the NTIA Voluntary Best Practices for UAS Privacy, Transparency, and Accountability.

If the Remote PIC determines that the operation cannot be conducted within the regulatory structure of part 107, he or she is responsible for applying for a Certificate of Waiver in accordance with 14 CFR part 107.200 and proposing a safe alternative to the operation.

This Certificate of Waiver will allow an sUAS operation to deviate from certain provisions of part 107 as long as the FAA finds that the proposed operation can be safely conducted under the terms of that Certificate of Waiver.

Visit the Resources page to access the online application for a UAS Certificate of Waiver.

Your request for a waiver may be granted if the FAA finds that the proposed operation can be safely conducted under the terms of that Certificate of Waiver.

A list of the waivable sections of part 107 can be found in 14 CFR part 107.205 and are listed below:

• § 107.25 Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire
• § 107.29 Daylight operation
• § 107.31 Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire
• § 107.33 Visual observer
• § 107.35 Operation of multiple small unmanned aircraft systems
• § 107.37(a) Yielding the right of way
• § 107.39 Operation over people
• § 107.41 Operation in certain airspace
• § 107.51 Operating limitations for small unmanned aircraft

After submitting your online application, the FAA will determine if the proposed operation can be safely conducted under the terms of that Certificate of Waiver.

If the application is denied, you will receive notification stating the reasons for denial.

If the waiver or authorization is granted, you will receive direct notification with:

• The completed FAA Form 7711-1, Certificate of Waiver or Authorization, dated, signed, and approved by the FAA
• Specific special provisions that become regulatory for the waiver holder

This lesson examined rules for safe operation of sUAS.

In summary, the Remote PIC and all crewmembers must comply with part 107 requirements by operating at appropriate times, in approved locations, and in a manner that protects the safety of persons, property, and the NAS.

You should now be able to:

• Describe operational requirements and limitations for sUAS
• Describe potential certificates of waiver for select requirements in part 107

The next lesson describes common abnormal and emergency situations and defines accident reporting requirements.

 

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