Are there any other questions you’d like me to answer? If so, please send an email to [email protected]
Here are a few of the questions I'm frequently asked:
Does a drone (sUAS) operator REALLY need a license from the FAA?
Yes, and no.
If the video or photos from the drone are used in ANY WAY in "furtherance of a business" then the pilot in command (PIC) must be a holder of a valid FAA 14CFR107 ("part 107") license. This applies whether the drone pilot flies for free or for compensation.
All that matters is whether or not the drone flight furthers a business (or business interest) or not.
If the work product of the drone flight in NO WAY furthers a business, then no, the "hobby drone pilot" does not need a license from the FAA (or anyone else).
Ok, I get that, but does the FAA actually enforce this?
They sure do.
Starting on Aug 26, 2016 these “Part 107” laws took effect, and since that time many drone pilots (called “remote pilots”), and the companies that employ them, have endured sanctions, penalties, and fines from the FAA.
As an example to illustrate that no one is exempt, the University of Virginia and the pilot they hired to make a short promo video were investigated and penalized $10,0000 (though it was later settled for less).
Fines most commonly fall between $1,100 and $2,200, but the largest recorded fine was $200,000, levied against SkyPan International of Chicago, IL.
Pilot fines for violation of drone laws are up to $1,100 per offense. For example, if a pilot takes off, flies until their battery dies, then does the same for batteries number 2 and 3, they have now made 3 illegal flights, and are liable for a fine of $3,300!
Ouch! Too bad the pilot will get in trouble! How about the relator or contractor who hired them to fly?
Yep, they’re liable too, in a big way. In a memo released by the FAA UAS Integration Office, the following was conveyed:
“14CFR 1.1 defines operator as: ‘Operate, with respect to aircraft, means use, cause to use or authorize to use aircraft…someone who causes the operation can be liable as well. And with the way the civil penalty provision is written, the pilot would only face a fine of $1,100 per violation (as an individual acting as an airman), while the person who causes the operation could be liable for a fine of $11,000 (as the individual not acting as an airman).”
The FAA is very clear that hiring an unlicensed pilot is much worse than actually flying as an unlicensed pilot. Additionally, there is no “I didn’t know they didn’t have a license” provision.
Do you have any advice for what a relator / contractor / business owner should do or say when hiring a drone pilot?
I do, there are 3 steps.
- ask to see their license. The FAA gives a license for all classes of pilots (private pilot, remote/drone pilot, air transport pilot, etc) just like the DMV does. If the “pilot” claims otherwise he is NOT a pilot
- ask to see their drone registration paperwork. Again, just like the DMV, the FAA gives a registration card for properly registered drones
- ask for proof of liability insurance. If the drone is accidentally flown through a window, or otherwise damages your property, or worse, injures a person or animal, you need to be sure there will be a way to repair the damage.
- Regarding insurance, there are companies that provide insurance by the hour / day / etc. that anyone can buy with a simple app on a smart phone. One issue is that if the person purchasing the insurance is NOT a licensed pilot, then the policy is null and void; just as if they never ‘bought’ it.
Do drones really need to be registered like a plane does? Does it get a “N” number like a plane?
Like before, Yes and No. Yes, they need to be registered, and they are given a registration number that corresponds to the serial number of the drone, but No, they don’t need to have the number painted on the drone.
I bet a drone used for a business has to be registered…
You’re on top of this! You’re right.
Does the licensed “Pilot in Command” (PIC) actually have to be the one flying the drone? My brother is REALLY good at flying…
Nope, the PIC does NOT have to be the one “manipulating the controls.” As long as the designated Pilot in Command has a) unaided communication with the person manipulating the controls (no walkie-talkie or cell phone in use), and b) the PIC can see the drone with their naked eye (no camera, zoom lens, or binoculars), then whomever wants to ACTUALLY fly the drone may do so.
How long, realistically, can a drone fly for on one battery?
A typical drone can fly for 10-18 minutes on a single battery (depending on how fast the pilot is making it go, and the wind conditions).
A better-than-average drone can fly for up to 30 minutes.
What are some of your personal policies?
Straughn Drone Services abides by all FAA rules and regulations, along with our own very strict standards to ensure that our customers have no fear of sub-par operators or operations.
By employing only current FAA licensed drone pilots, holding a valid Part 107 sUAS certificate, we can be sure that we are not imparting any additional liability on our clients.
Straughn Drone Services will not violate the prohibition of flying directly over unprotected people or moving cars.