DRONES, UAV S AND UAS Where are we?

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1 Michael L. Dworkin DRONES, UAV S AND UAS Where are we? 465 California Street, Suite 210 San Francisco, CA and Copyright 2014, Michael L. Dworkin. All Rights Reserved

2 Unmanned Aircraft System Unmanned Aerial Vehicle (UAV) or drone i.e. the flying portion of the system; and All associated support equipment i.e., control station, data links, telemetry, communications/navigation equipment, etc. necessary for the pilot to operate the unmanned aircraft; Except for recreational model aircraft, FAA requires the issuance of an experimental airworthiness certificate.

3 Current Status of Industry: FAA Modernization and Reform Act of 2012 (Pub.L ) SEE ALSO: Drone Aircraft Privacy and Transparency Act (Introduced to Congress in July Still in Committee) 50+ companies, universities and government organizations are developing and producing over 150 known aircraft designs FAA estimates fleet of 30,000 UAV s in less than 20 years FAA recently authorized 6 test sites (AK, NV, NY, ND, TX and VA) to demonstrate ability of UAS to be safely integrated into the National Airspace System. 24 states had applied.

4 Aircraft--defined 49 USC Sec : any contrivance invented, used or designed to navigate, or fly in, the air. Also see FAR Sec. 1.1 (14 CFR Sec. 1.1) Unmanned Aircraft defined A device used or intended to be used for flight in the air that has no onboard pilot. This device excludes missiles, weapons, or exploding warheads, but includes all classes of airplanes, helicopters, airships, and powered-lift aircraft without an onboard pilot. UA do not include traditional balloons (see 14 CFR Part 101), rockets, tethered aircraft and un-powered gliders.

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6 UAS Potential Uses: Aerial photography and videography / mapping; Delivery services / Cargo transport; Surveying land and crops; Communications and broadcasting; Surveillance and disaster response i.e., crime, forest fires and environmental conditions, shipping lanes, traffic, etc. Protecting infrastructures (power facilities, ports, pipelines, etc.); and the list goes on

7 Types of Operations i.e., Governmental operations Requires Certificate of Waiver or Authorization (COA) Primarily for law enforcement and investigatory purposes, but could include any governmental function as defined in 49 USC Sec : National Defense Firefighting Intelligence Search and Rescue Biological or geological resource management Aeronautical research

8 Types of Operations, cont d i.e., Commercial Uses FAA special airworthiness certificate in experimental category prohibits commercial use; FAA restricted category certification permits special purpose operations, such as aerial surveying, e.g., FAA certification of Scan Eagle X200 (energy companies patroling Alaskan coast to inspect ice flows and migrating whales in petroleum exploration areas) and AeroVironment Puma (oil spill emergency response crews).

9 Types of Operations, cont d Defined capable of sustained flight; flown within visual line of sight of the operator; flown for hobby or recreational purpose (49 USC Sec ) Operation requirements: Below 400 feet (AGL); Away from populated areas; Away from airports and full scale aircraft; Not for business purposes; See FAA Advisory Circular (June 9, 1981) nonregulatory and merely encourages voluntary compliance NOTE: Congress has prohibited FAA from promulgating rules/regulations concerning model aircraft (FAA Modernization and Reform Act of 2012).

10 Prohibited Operations Commercial Operation without obtaining special airworthiness certification In other words: Photographers and videographers; Real estate agents; Movie producers and directors; Amazon and other online retailers,

11 Prohibited Operations, cont d Careless or reckless operation. FAR 91.13(a) [14 CFR 91.13(a)]: No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. Case law: potential rather than actual danger will suffice. Administrator v. Pirker, FAA Case No. 2012EA210009, currently pending before the National Transportation Safety Board. Radio controlled styrofoam model weighing less than 5 pounds being operated over college campus.

12 Good Question. But the law is unsettled Bottom Line: If you are operating a UAV (or for that matter, even a model) for any commercial purpose, without an FAA Airworthiness Certificate (Restricted or Experimental), you are probably in violation. FAA defines commercial purpose very liberally. Any economic furtherance, even if it does not generate a profit, would be considered to be a commercial purpose. Operations indoors ; Petition for Exemption.

13 While there is not yet a set standard in place for UAS operations, ultimately, any such scheme will have to cover the following: 1. EQUIPMENT What will be the requirements and limits of individually operated UAVs? Automatic collision avoidance (Sense and Avoid)? Automatic landing or return during system failure? Size, performance, mode of control, etc.? 2. PERSONNEL Training? Certification? Requirements? 3. OPERATIONS AND PROCEDURES Routes? Areas of Operation? System failure responses? Privacy, security and environmental implications?

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15 Type Certificates ( TC )

16 For more information about how UAS will become a part of NAS Go to: Click: Integration of Civil UAS in the NAS Roadmap (PDF)

17 CALL US AT (415) OR TOLL FREE (877) l d a v i a l e x

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