Disclaimer
FAA DISCLAIMER – PART 107 RULES & WHEN IT IS NOT LEGAL NOR SAFE TO FLY
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| The Drone Industry is accelerating quickly with new and improved technology, which while hugely exciting these advances at the same time poses new issues that the Federal Aviation Administration (FAA) and Drone Manufacturers and Remote Pilot In Command (RHIP) aka Commercial Drone Pilots are going to be required to figure out and learn how to safely and effectively implement these advances in technology as they are mindful of the existing 14 CFR Part 107 Rules. | ||||
| For the sake of clarifying terms I am using Remote Pilot exclusively which is actually Remote Pilot In Command or RHIP. A Remote Pilot is also known as a Commercial Drone Pilot. So these terms can be used interchangeably what is critical is that each one needs to be certified by passing a Part 107 exam. The second term is Commercial Drone which is actually a small Unmanned Aircraft System or sUAS. I specifically denote Commercial Drone to separate it from a Hobby Drone that is governed by similar but less exacting rules. | ||||
| With the purpose of managing expectations and educating our customers the following disclaimers, and the more crucial Part 107 Rules (that the Remote Pilot is required to know and adhere to) and finally drone limitations are described below. | ||||
| I. |
NO FLY CONDITIONS & REMOTE PILOT IN COMMAND RESPONSIBILITIES |
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| 1 | The most critical element in performing a Commercial Drone flight is the knowledge you are legally flying in uncontrolled Class G airspace; or you have Low Altitude Authorization and Notification Capability (LAANC) automated approval with stated limitations to fly in controlled airspace; or you have submitted manually online an airspace authorization request and you have been granted airspace authorization but with stated limitations again in controlled airspace. Please note that to implement an approved manually submitted airspace authorization it still requires the Remote Pilot to contact the controlling agency 3 days prior to the flight and also the day of the flight you have to contact the controlling agency again to see if you are still ok to fly. This can put the flight in jeopardy that the Remote Pilot has no control of or awareness that there is a problem until just before the flight. | |||
| 2 | The National Airspace System is dynamic and changes without notice due to unplanned/random Temporary Flight Restrictions TFRs (wildfires, Presidential Visits, sport events, etc.,) or Notice To Airmen NOTAMS (Nav Aids inoperable, communication inoperable, etc.,) changing the ability to legally fly in specific areas, that were previously legal to fly in. The Remote Pilot is responsible to check airspace accessibility to include TFRs and NOTAMS to determine if he can fly. This includes reviewing the appropriate VFR Sectional and applicable Supplement that contain additional airspace and airport notifications. | |||
| Having airspace authorization and approval for a given day and time has to be re-verified 30 minutes prior to launching a drone. This can be most unfortunate given the logistics, planning , travel and commitment one has dedicated resources to. A First Responder event in the area could possibly cause your airspace approval to be canceled if helicopters are involved. | ||||
| 3 | LAANC. This is a grid system that tells a Remote Pilot what the maximum altitude they can fly in AGL, in a particular grid, after they have processed the automated authorization request and have received approval. However Grids that depict Surface SFC or 0 , a Remote Pilot must manually file an airspace authorization request – there are no exceptions. It can take up to 30 days for the FAA to process a request. | |||
| 4 | A Remote Pilot has no latitude to deviate and determine he has special needs or requirements to fly and break the law (unless there is an inflight emergency and the Remote Pilot has to make a maneuver that is not allowed). Both the Remote Pilot and customer can be held liable for flying illegally. | |||
| 5 | The second most critical element to legally and safely fly a Commercial Drone is weather. The Remote Pilot has some latitude with weather in making a decision to fly or not fly. The exception would be if there are METARS (Pilot Weather Reports) or Terminal Area Forecasts (TAFs) indicating there are current severe weather conditions at the place of launching a drone and/or if the TAF calls for severe weather in the area. The Remote Pilot cannot knowingly launch a drone with visibility less than 3 statue miles and/or a ceiling under 1000 feet AGL and/or there is not sufficient room to maintain a 2000 foot lateral separation from clouds. The Remote Pilot can also not fly closer than 500 feet when under a cloud layer. | |||
| 6 | Associated with weather is winds both surface and aloft. Each drone manufacturer typically claim their drone can fly in a given wind condition but that does not take into account the experience level of the pilot or if the drone has been modified changing its performance capability and/or if there are physical factors (a large building ) hat can cause a lee wave to develop which could overcome the commercial drone. Most commercial drones can handle 20 to 30 mph steady wind and gusts 35 to 40 mph at the surface. However at a higher altitude with less wind resistance from the earth the winds and gusts can be much higher and exceed the capability of the drone to be flown safely. The Remote Pilot must know his commercial drones manufacturers recommendation along with their experience level to determine if it is safe to fly. | |||
| 7 | Frontal passage and cumulus nimbus clouds. During a passage of a cold front a line of thunderstorms or singular cumulus clouds can build to cumulus nimbus (Thunderstorms). Wind shifts, turbulence, rain, hail and lightning can occur 20 miles in front of a large storm. A Remote Pilot In Command should never launch in this condition. | |||
| 8 | Time of day. A Remote Pilot can fly to the published sunrise to sunset with no lighting requirements on the Commercial Drone. If a pilot wants to fly during twilight then the Commercial Drone must have an approved anti-Collision light (Red or White) that is FAA approved and visible 360 degrees out to 3 statue miles. If a pilot is requested to fly at night meaning after sunset twilight (30 minutes after sunset to 30 minutes before sunrise, the pilot must first apply for a daytime waiver. Without the waiver in hand a Remote Pilot cannot fly during nighttime regardless if it has FAA approved anti-collusion lights. | |||
| 9 | If a Remote Pilot deems a flight should NOT be flown due to changes in the National Airspace System or due to severe weather or time of day conflicts; he has the authority to make that decision and not fly without repercussion regardless what a contract states or a customer requests. The FAA will hold the Remote Pilot accountable for any deviation from the rules. | |||
| 10 | It is incumbent upon both the Remote Pilot and the customer to be aware of these issues and plan for the possibility of not being able to fly. A contingency is typically built into an estimate that will include alternate days to fly and/or alternate locations if needed. | |||
| II. |
14 CFR PART 107 RULES A CUSTOMER SHOULD BE AWARE OF |
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| 1 | What a customer must understand is that a Commercial Drone cannot fly higher than 400 feet AGL unless there is a structure higher than 400 feet AGL. The only way a Remote Pilot can deviate is if he has an approved altitude waiver. | |||
| 2 | If capable a Commercial Drone cannot be flown faster than 100 mph (87 Kts). | |||
| 3 | At no time can a Remote Pilot fly two Commercial Drones simultaneously. | |||
| 4 | A Remote Pilot can fly a Commercial Drone while riding in a vehicle only if they are in an unpopulated and rural area. But, the Remote Pilot cannot be driving the vehicle. | |||
| 5 | A Remote Pilot cannot fly in a plane/helicopter and fly a Commercial Drone. | |||
| 6 | A Remote Pilot cannot fly a Commercial Drone carrying a payload and cross a state line. | |||
| 7 | A Remote Pilot cannot use any visual aid (except prescription glasses) to keep a Commercial Drone in view. | |||
| 8 | A Remote Pilot cannot fly a Commercial Drone beyond visual line of sight unless they have an approved waiver. | |||
| 9 | A Remote Pilot can use a Visual Observer (VO) that is tasked with visually following the Commercial Drone from a more advantageous position as long as the VO and Remote Pilot are in communication. | |||
| 10 | Any one can actually fly a Commercial Drone with a Remote Pilot monitoring the flight. If an incident occurs the Remote Pilot is ultimately responsible. | |||
| 11 | A Remote Pilot can release an external payload only if he has assured that no one could be injured. | |||
| 12 | A Remote Pilot cannot fly over people unless they are a member of the Commercial Drone crew, everyone else must be under cover. A Remote Pilot can submit a waiver. | |||
| 13 | A Remote Pilot must have the capability to contact the closest controlling agency via a phone or VHF transceiver radio if a fly away occurs. | |||
| 14 | A Remote Pilot must file an incident report with the FAA if an accident occurs and a Commercial Drone causes damage over $500. | |||
| 15 | A Remote Pilot must notify the FAA if someone is hit by a Commercial Drone resulting in unconsciousness or if there is a serious injury. | |||
| 16 | A Remote Pilot must yield Right-of-way – regardless of the critical nature of a Commercial Drone flight say flying an exact pattern for mapping & modeling, a Commercial Drone must deviate from its intended course if any other aircraft is on a possible intercept course. | |||
| 17 | This list is not all inclusive but contains the most probable conditions a Remote Pilot and a customer may be in disharmony. | |||
| 18 | A Remote Pilot cannot fly over a road, or bridge, or overpass. There is some interpretation here. Is a rural road ok, if there is no traffic it is ok in my interepretation. Is a major highway ok to cross, most likely not. Is any road with traffic on it ok to cross, most likely not. What if there is no traffic to be seen in both directions (I need to figure this out). | |||
| III. |
COMMERCIAL DRONE LIMITATIONS |
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| Following theaforementioned do’s and do nots of Part 107 rules, the following conditions require a Remote Pilot to demonstrate knowledge and experience to know when it is not safe to fly, whether legal or not. | ||||
| 1 | Moisture – albeit rain, fog, snow or ice. Most commercial drones have some ability to keep moisture out with over pressurization of the body but flying into these conditions and/or continuing to fly the mission in these conditions is not recommended and can destroy the electronics in a drone. This could cause a fly away which is an emergency situation. | |||
| 2 | Solar Flares – Another meteorological phenomenon is solar flares. These are found as Kp numbers on weather reports. A Kp index of 5 or greater indicates there will be disrupted GPS signals and you are advised not to fly. A fly away could occur which is an emergency situation. | |||
| 3 | Satellites – One more issue affecting the safe launching of a commercial drone is the number of satellites present. If there are 7 or less satellites seen you should not fly. If there are 7 to 9 satellites seen then you can launch and fly up to 30 feet but if the number of satellites does not increase to 11 satellites you should not fly. These issues are for planned missions in which waypoints are required and/or you are flying in an area requiring precision. However, if the pilot is not using waypoints he possibly could fly understanding the drone could lose its position and fly erratically. This is called ATTI mode when there are insufficient satellites. In ATTI mode there can be unknown consequences. | |||
| 4 | Magnetic Interference. Most commercial drones have built in IMUs and compasses. These items are greatly impacted by magnetic variances such as flying in or around steel buildings and/or in and around heavy electrical equipment that produce frequencies, especially sonic frequencies, in the 40K cycle range. | |||
| 5 | High Density altitude. A very high density altitude caused by very high ambient temperatures and/or a decrease in atmospheric pressure and to a lesser degree a decrease in humidity has an impact on the capability of the propellers to generate enough thrust. This typically occurs at higher altitudes (Lower atmospheric pressure) with higher than average ambient temperature especially if a commercial drone is used to lift or carry an external payload. | |||
| 6 | Believe it or not there are times when it is not safe to fly due to the abundance of birds. A Commercial Drone will not win a duel with a bird. The best thing a Remote Pilot can do is to hover in place to reduce power and thus the propellers are not as noisy. If that does not work then elevate as fast as you can which is the only thing a bird cannot do well. |
