![\"Kay\"](\"http:\/\/agrilife.org\/texasaglaw\/files\/2015\/07\/Kay.jpg\")
<\/a>Texas A&M Agrilife photo by Kay Ledbetter<\/p><\/div>\n
History<\/strong><\/p>\n You may recall that back in February 2015, the FAA released its proposed rules, which apply to all UAS\u00a0weighing between .55 pounds and 55 pounds used for commercial purposes. \u00a0[Read prior blog post here<\/a>.] \u00a0After collecting and considering public comment, the FAA issued its final rules on June 21, 2016, which\u00a0became effective August 29, 2016. \u00a0Prior to these new rules becoming effective, commercial UAS\u00a0use within the US was prohibited unless a special permit was obtained by the FAA. \u00a0Now, commercial UAS\u00a0use is permitted so long as the rules are followed. \u00a0Most commentators believe that agricultural use of a drone would fall within in the realm of “commercial use,” meaning that the following rules must be followed.<\/p>\n FAA Rule Summary<\/strong><\/p>\n The complete final FAA rule may be viewed here<\/a>. \u00a0The following are some of the provisions that could have the greatest impact on agricultural UAS users<\/p>\n Registration of a UAS Remote pilot airman certificate with small UAS rating Pre-flight safety check Allowing non-certified pilot to operate controls<\/span> Base of operation<\/span> Visual line of sight requirement<\/span> Flight in certain areas prohibited<\/span> Yielding right of way Visibility Time of day<\/span> Maximum altitude Maximum speed Use for aerial application<\/span> Reporting incidents to the FAA within 10 days<\/span><\/p>\n If an incident occurs and results in either (1) serious injury or loss of consciousness to any person; or (2) damage to property (other than the UAS\u00a0itself) if the cost of repairing or replacing (whichever is lower) exceeds $500, it must be reported to the FAA within 10 days.<\/p>\n Certificate of waiver Potential penalties for violation<\/span> Privacy Issues<\/strong><\/p>\n Many landowners and citizens are concerned that the use of a UAS\u00a0may impact their personal privacy rights. \u00a0The FAA regulations do not address legal issues regarding privacy and the use of a UAS. \u00a0This is simply not within the realm of the FAA. \u00a0Instead, these issues will likely fall under state law. \u00a0As I have written about before,\u00a0landowners should not shoot down a UAS\u00a0flying over their property. \u00a0Instead, they should look to common law and statutory rules in their jurisdiction. \u00a0I’ve written previously on potential common law claims (including trespass, nuisance, and invasion of privacy) here<\/a> and on the Texas Privacy Act here<\/a>. \u00a0Both UAS\u00a0pilots and landowners should carefully review and understand any privacy laws in their jurisdiction and be careful to follow those rules to avoid liability.<\/p>\n For more information<\/strong><\/p>\n FAA Unmanned Aircraft Systems website<\/a><\/p>\n FAA “Getting Started” website<\/a><\/p>\n FAA Advisory Circular<\/a><\/p>\n FAA Part\u00a0107 Summary<\/a><\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
\n<\/span>All UAS\u00a0weighing between .5 and 55 pounds, regardless of whether flown for hobby or for commercial use must be registered with the FAA before first flight. \u00a0The registration process is fairly painless and for most users may be completed online. Registrants must be at least 13 years old, must pay a $5 fee, will need the make and model of the drone, and must label the aircraft with an official registration number given at the completion of the registration process. \u00a0Each registration is good for 3 years.\u00a0\u00a0[For more information, click here<\/a>.]<\/span><\/span><\/p>\n
\n<\/span>Operators using a UAS\u00a0for commercial purposes must obtain a\u00a0“remote pilot airman certificate with small UAS rating.” \u00a0Doing so, however, is fairly straightforward. \u00a0Requirements include: (1) that the operator be over 16 years old; (2) speak and write English; (3) be in a physical and mental condition sufficient to safely fly a drone; (4) complete a TSA review process; and either (a) pass an initial multiple choice aeronautical knowledge exam at an FAA-approved testing center [click here<\/a> for a list of approved centers and here<\/a> for info on test preparation] or<\/em>\u00a0(b) hold a current sport pilot’s license, complete a flight review in the past 2 years, and take an online training test. \u00a0The cost to\u00a0take\u00a0the test will be around $150 and the FAA estimates that a temporary certificate can likely be processed within about 10 days of application receipt. \u00a0The certificates will be valid for 2 years. \u00a0[For more information, click here<\/a>].<\/p>\n
\n<\/span>The certified pilot must conduct a pre-flight safety check to ensure there is no equipment damage or malfunctions. \u00a0Detailed inspection instructions may be found in Chapter 7 of the rule.<\/p>\n
\nA UAS\u00a0may be flown only by a certified pilot or someone under the direct supervision of a certified pilot. \u00a0Direct supervision means that the pilot is able to easily gain control of the drone if needed. \u00a0Each pilot may only supervise one person at a time and each pilot may only fly one drone at a time.<\/p>\n
\nA UAS\u00a0may not be operated from a moving aircraft. \u00a0Drones may be operated from a moving vehicle if in a sparsely populated area.<\/p>\n
\nThe pilot must maintain a constant visual line of sight with the UAS, without the aid of a device other than corrective lenses or contacts. \u00a0For example, eye glasses are allowed, but binoculars are not. \u00a0The operator may use a visual observer to help maintain the line of sight, but no person may serve as a visual observer for more than one UAS\u00a0at a time. \u00a0A visual observer and pilot must maintain “effective communication” with each other at all times.<\/p>\n
\nA UAS\u00a0may not be flown: (1)\u00a0Over people who are not involved in the flight; (2)\u00a0Inside a covered structure; (3)\u00a0Inside a covered stationary vehicle; or (4)\u00a0Within a controlled airspace, meaning that drones may be flown only in Class G airspace, which is not controlled by Air Traffic Control. \u00a0In order to fly in any controlled airspace, the pilot must obtain approval from Air Traffic Control before the flight.<\/p>\n
\n<\/span>The operator of a UAS must yield the right of way in order to avoid collision with other users of airspace.<\/p>\n
\n<\/span>There must be at least 3 miles visibility from the UAS\u00a0control station.<\/p>\n
\nFlight may occur only during daylight and civil-twilight hours, meaning can be flown 30 minutes before official sunrise until\u00a030 minutes after official sunset so long as proper anti-collision lighting is present.<\/p>\n
\n<\/span>A UAS\u00a0may not be flown in excess of 400′ above ground level.<\/p>\n
\n<\/span>UAS\u00a0speed may not exceed 100 miles per hour.<\/p>\n
\nA UAS\u00a0used to dispense herbicides, pesticides, or similar substances must also comply with the “agricultural aircraft operation” regulations found at 14 CFR 137<\/a>. \u00a0This rule contains separate certification, operation, and reporting requirements that should be carefully reviewed and followed.<\/p>\n
\n<\/span>If a person can safely operate a UAS\u00a0outside these rules, he or she may request a certificate of waiver from the FAA that will allow deviation from specific requirements of the rule\u00a0if the FAA determines that a safe flight would still be possible. \u00a0The waiver must be received by the operator before flight, so requests should be submitted at least 90 days prior to the desired flight. \u00a0[Click here<\/a> for waiver applications.]<\/p>\n
\nThe FAA will enforce these rules and violators could face civil penalties up to $27,500. \u00a0Criminal penalties up to $250,000 may also be imposed\u00a0if destruction of property or threats to public safety occur.<\/p>\n