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Why do I need a Section 333 FAA Exemption?
This is the biggest question I am asked regarding this industry. For the hobbyist who is not utilising a Drone/UAV/UAS for commercial purposes, you may not need an Exemption. Until Part 107 is available outlined below is implemented, if you want to operate a business offering Drone/UAV/UAS services and you are getting paid for these services, you must have a Section 333 FAA Exemption issued by the FAA. This also includes an operator who may use the Drone/UAV/UAS to promote their company or enterprise as there is a “commercial benefit” to the operator even though there is no exchange of money. For example, a real estate agent or broker that purchases a Drone/UAV/UAS and films a piece of property that they have listed in an attempt to assist with the sale of the property needs to have an FAA Exemption. Unauthorized use of a Drone/UAV/UAS for commercial purposes may result in a $10,000.00 fine by the FAA. Many people don’t think the FAA cares about unauthorized Drone/UAV/UAS use, but the FAA has recently proposed massive penalties, and all indications are that the FAA will ramp up enforcement and corresponding fines in large part due to the incidents near airports and the general public which could be catastrophic to people and property. Am I required to be a licensed pilot? Presently, to operate a Drone/UAV/UAS in the U.S. for commercial purposes, the Pilot in Command (PIC), who may be an employee or independent contractor, must be a licensed pilot under a Section 333 Grant of Exemption. The individual owner of a company is not required to be a licensed pilot unless they operate the Drone/UAV/UAS as the PIC. The PIC must also abide by the other requirements as outlined under a Section 333 Grant of Exemption. Of course, Part 107 will modify this requirement. Why should I pay someone to submit my Section 333 Petition? Using the services of someone like me, who has successfully filed FAA Exemptions, is essential as the process must be done correctly, or the FAA will seek additional information which delays the granting of the Exemption causing you to lose potential income opportunities. Additionally, a review of the applications on the FAA website only shows a portion of the user as a significant portion of the form is not published and is confidential. These “hidden” documents are the key to the successful and smooth processing of the Petition. What is Part 107? In 2016/2017, the FAA will release a proposed regulation known as “Part 107″ so an unlicensed pilot may operate a Drone/UAV/UAS for commercial purposes. Instead of needing to be a licensed pilot to fly, an operator will take an aeronautical knowledge test and need to acquire an operator’s certificate. Part 107 also allows operators to operate a Drone/UAV/UAS weighing 4.4 lbs. Or less over non-participants. Complete details of Part 107 have not been finalised, but it is an important step to further integrate Drones/UAVs/UASs into U.S. airspace Is Stiles Law, P.A. allowed to guide me on laws related to Drone/UAV/UAS use? Typically, I can assist with FAA regulations in almost any state in the U.S., but I only advise clients located in Florida or considering doing business in Florida on specific compliance requirements under Florida law. Florida has a distinct “drone” law which every operator must understand, and this applies to the commercial user as well as the hobbyist. |
Photo used under Creative Commons from classroomcamera