The FAA Takes the First Step in Integrating Unmanned Aircraft Systems Into the National Airspace Plan

The integration of Unmanned Aircraft Systems (UAS), commonly referred to as "drones", into the National Airspace System (NAS) is currently the hottest topic in domestic aviation.  The proponents and opponents each have well reasoned arguments supporting their respective positions. One side touting the economic benefit and the other side citing very real safety concerns.  This week, integration of UAS into the NAS took a giant step forward. 


On Thursday, September 25, 2014, Transportation Secretary Anthony Foxx announced that the Federal Aviation Administration granted regulatory exemptions to six aerial photo and video production companies allowing them to operate UAS in the NAS.   The film industry requested the exemptions from general flight rules, pilot certificate requirements, manuals, maintenance, and equipment mandates.  However, the exemptions that were granted by the FAA require the operators of the UAS to comply with the following:  (i) the operators of the UAS must hold a private pilot certificate; (ii) the UAS must be kept in line of sight of the pilot while operating; (iii) operations are limited to daytime only; and (iv) the UAS is limited to operations that do not go beyond the physical proximity of the set.  In addition, the FAA required that the operators of the UAS perform an inspection of the aircraft before each flight. 

The conditions set forth accompanying the exemptions should come as no surprise to aviation law experts.  The points contained in the exemptions were highlighted in the FAA order signed by NTSB Administrative Law Judge Geraghty in the FAA v. Raphael Pirker decision.  As such, going forward operators of UAS seeking exemptions from the FAA for commercial use can expect to have to employ a licensed private pilot to operate the UAS and to have those flight operations limited to daytime line of sight only.

If your business wants to explore the use of UAS through the grant of an exemption from the FAA, then contact Aviation Attorney Ronnie Gipson at 415.692.6523 or by email at gipson@higagipson.com.