Editorial: A New Pilot Certificate, With No Written Exam of Flight Test?
By Ed Down
Absolutely, existing pilots with a current Flight Review can now obtain a new pilot certificate by taking a short, web-based, instructional course and filling out a form on the FAA website. And yes, you too, can become a “Drone” Pilot! The long-awaited FAR 107 is now in play, and as an instructor for the weekend training experts at Aviation Seminars, I have just received a course update that enables “0” time “Drone Pilot” wannabe’s to attend a weekend course, take a written exam and, with a simple application, become qualified to operate a Drone commercially. As a currently certificated pilot, you can enter the commercial Drone market with ease.
It has been my intent to quickly undergo the web-based training course (which I did, very nicely done) and then apply for my Drone Pilot Certificate, yet another “notch in my log book.” Regrettably, while FAR 107 (this is the rule for commercial Drone operators) is up and running and the training and test are in place, the required FAA application forms will not be online until after Aug. 29, so this “Drone Pilot” wannabe is just going to have to wait. While seemingly not connected with big plane flying, it should be noted that FAR 107 commercial Drone operations in Class “G” airspace are permitted with no special permission from the FAA. Remember, about 85 percent of all public use airports are in Class “G” airspace. It should be noted that failure to understand how this new FAR works could end up with you receiving a fine of up to $27,500 in civil penalties if you fail to operate even a recreational drone incorrectly. Fines of up to $250,000 and three years in jail are possible if a drone is involved in something that turns out to be illegal. Yep, the fine print can hurt!
In going through the multiple pages of information availiable on the FAA website, this writer came across the following “FAQ’s at www.faa.gov/uas/faqs/#ffr. Although too long to publish in their entirety, the following abridged rendering may prove useful as interested readers begin to wonder if there might be some opportunities worth looking into. Be sure to explore www.faa.gov/uas/ for all the details… with several hours to spare!
General
What is an unmanned aircraft system (UAS)?
The law defines an unmanned aircraft as “an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft” (Public Law 112-95, Section 331(8)). Also called drones, these unmanned aircraft do not have a human pilot onboard.
UAS range from radio-controlled fixed-wing aircraft to helicopters or rotorcraft models sometimes called quadcopters, and can be flown for fun or for work.
Is a UAS the same as a model aircraft?
Congress defined a “model aircraft” as an unmanned aircraft that meets all of the following:
Is capable of sustained flight in the atmosphere
Is flown within visual line-of-sight of the person operating it
Is flown for hobby or recreational purposes
Flying for Work or Business (non-recreational)
How do I fly a UAS for work or business purposes?
There are three ways to fly a UAS for work, business, or non-recreational reasons:
Following the requirements in the Part 107 rule
Following the rules in your Section 333 grant of exemption being superseded by FAR 107)
Obtain an airworthiness certificate for the aircraft
Can news media fly a UAS to shoot stories or cover breaking news?
Media companies may use a UAS, but they must adhere to the requirements of the Part 107 rule. This includes not flying over non-participating people without a protective structure. Organizations may request a waiver to fly over people and will need to provide sufficient mitigations to ensure public safety.
Flying for Fun (recreational)
What is the definition of recreational or hobby use of a UAS?
Recreational or hobby UAS use is flying for enjoyment and not for work, business purposes, or for compensation of hire. In the FAA’s Interpretation of the Special Rule for Model Aircraft, the FAA relied on the ordinary dictionary definition of these terms. UAS use for hobby is a “pursuit outside one’s regular occupation engaged in especially for relaxation.” UAS use for recreation is “refreshment of strength and sprits after work; a means of refreshment or division.”
Do I need permission from the FAA to fly a UAS for recreation or hobby?
No, but your unmanned aircraft must be registered if it weighs more than 0.55 pounds. Also, airspace regulations may be applicable to the area you are operating in, which may require approval from the FAA to operate in those areas. The B4UFLY app can assist you in determining what airspace restrictions may be in place.
Does the new Small UAS Rule (part 107) apply to recreational UAS operations?
Part 107 does not apply to UAS flown strictly for fun (hobby or recreational purposes) as long as these unmanned aircraft are flown in accordance with the Special Rule for Model Aircraft (Section 336 of P.L. 112-95). Visit our “Fly for Fun” webpage for safety rules and guidelines that apply to recreational UAS operations.
How do I know where it is OK to fly and where it is not OK to fly?
The FAA has developed a smartphone app called B4UFLY to help recreational UAS operators know whether there are any restrictions or requirements where they want to fly.
Can I fly a model aircraft or UAS over a stadium or sporting events for hobby or recreation?
No. Federal law restricts UAS from flying at or below 3,000 AGL within a three-nautical- mile radius of any stadium with a seating capacity of 30,000 or more people during a Major League Baseball (MLB), regular or post-season National Football League (NFL), or NCAA Division I football game, or major motor speedway event.
Do I have to notify all airports within five miles of my proposed area of operations?
Yes, you must contact any airports (including heliports and sea-based airports) and air traffic control towers within five miles of your proposed area of operations.
Knowledge Testing/Remote Pilot Certification
I already have a pilot certificate issued under part 61. Do I need to obtain a remote pilot certificate to fly a UAS commercially under the Small UAS Rule (Part 107)?
Yes. All operations under the Part 107 rule require the UAS operator to have a remote pilot certificate, which he or she can obtain by taking an online training course. However, part 61 pilot certificate holders who have completed a flight review within the past 24 months may elect to take an online training course focusing on UAS-specific areas of knowledge instead of the knowledge test. All other members of the public must take and pass the initial aeronautical knowledge test to obtain a remote pilot certificate.
When will the online training be available for current pilot certificate holders?
Online training for current pilot certificate holders is currently available at www.faasafety.gov.
How much does it cost to get a remote pilot certificate?
We anticipate that a knowledge-testing center will charge approximately $150 to people seeking to take the knowledge test.
Once I complete the Knowledge Test at one of the approved centers, what is the process for obtaining my pilot certificate from the FAA?
After you have passed the Knowledge Test, you will then complete the FAA Airman Certificate and/or Rating Application (known as IACRA) to receive a remote pilot certificate. IACRA is a web-based certification/rating application that ensures you meet the requirements and electronically submits the application to the FAA’s Airman Registry. Applications should be validated within 10 days. Applicants will then receive instructions for printing their temporary airman certificate, which is good for 120 days. The FAA will then mail you your permanent Remote Pilot Certificate within those 120 days.
Airspace/Airports
How do I request permission from Air Traffic Control to operate in Class B, C, D, or E airspace? Is there a way to request permission electronically?
You can request airspace permission through an online web portal on the FAA’s UAS website. This online portal will be available on Aug. 29, 2016.
Can I contact my local air traffic control tower or facility directly to request airspace permission?
No. All airspace permission requests must be made through the online portal.
I’m an airport operator and have questions about recreational UAS flying near my airport.
Read the Frequently Asked Questions (FAQs) about the Use of Model Aircraft near an Airport for more information.
Will I still need a COA to fly under the Part 107 rule?
If you don’t already have a Certificate of Waiver or Authorization (COA) and you are not conducting a public (Government) aircraft operation, you probably don’t need one now that Part 107 is out. Starting in Aug. 2016, civil UAS operations flown under the new rules will not require the UAS operator to get a COA before flying in uncontrolled (Class G) airspace. Operators who want to fly in controlled (Class B, C, D, or E airspace (PDF)) will need air traffic permission––details about obtaining permission will be available online at www.faa.gov/uas on Aug. 29, 2016.
Registration
Why do I need to register my UAS?
Federal law requires that all aircraft (which includes UAS and radio/remote controlled aircraft) flown outdoors must be registered with the FAA and marked with a registration number. UAS weighing more than 0.55 pounds and less than 55 pounds may register online at https://registermyuas.faa.gov/ or by using the legacy paper-based registration process. The weight limit includes everything that is on board or otherwise attached to the aircraft at the time of takeoff.
What is the difference between registering a UAS flown for fun versus UAS flown for work or business?
If you fly your UAS for hobby or recreational purposes and you use the web-based registration process to register your aircraft, you only need to register once and then apply your registration number to as many UAS as you want. Recreational registrants only need to provide their name, address, and email address. The five-dollar registration fee covers all recreational UAS owned by the registrant.
Unmanned aircraft flown for work or business must be registered individually, and each registration costs five dollars. Registrants must supply their name, address, and email address, in addition to the make, model, and serial number (if available) for each UAS they want to fly.
Do I always have to have my Certificate of Aircraft Registration with me while flying my UAS?
Yes. You must have the FAA registration certificate in your possession when operating an unmanned aircraft. The certificate can be available either on paper or electronically.
If another person operates your UAS, they must have the UAS registration certificate in their possession. You can give them a paper copy or email a copy to them.
Federal law requires UAS operators to show the certificate of registration to any Federal, State, or local law enforcement officer if asked. You can show it electronically or show the printed certificate.
How do I mark my unmanned aircraft with my unique registration number?
If you complete registration using the web-based registration process and satisfy the registration requirements, you may use a permanent marker, label, or engraving, as long as the number remains affixed to the aircraft during routine handling and all operating conditions and is readily accessible and legible upon close visual inspection. The number may also be enclosed in a compartment that is readily accessible, such as a battery compartment.
Is there a penalty for failing to register?
Failure to register an unmanned aircraft may result in regulatory and criminal penalties. The FAA may assess civil penalties up to $27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to three years.
There is no one-size-fits-all enforcement action for violations. All aspects of a violation will be considered, along with mitigating and aggravating circumstances surrounding the violation. In general, the FAA will attempt to educate operators who fail to comply with registration requirements. However, fines will remain an option when egregious circumstances are present.
