By David Angulo
It’s been called the wild, Wild West of the technological revolution. Slowly and very surely drones are becoming an everyday part of our lives. The industry, along with heavy public curiosity, has been on the rise. The implementation of the first operational, non-hobbyist rules taking effect back in August 2016 (14 CFR Part 107) and the Federal Aviation Administration (FAA) has been struggling to keep up. Recently, however, tidal waves of changes have been worked into law affecting both hobbyists and commercial drone operators alike. To keep up to date with these laws is to keep your bank account happy and, if serious rules were broken, to keep one out of jail.
Before we continue, it is important to note that flying a drone for money is not the only factor that the FAA takes into consideration. The popular belief is that if money changes hands, then it is considered a commercial operation, and if it doesn’t it was not a 107 commercial operation. The actual legal construct and how the FAA defines commercial operations is the following excerpt, “The operation of all small (under 55lbs) UAS in the U.S. National Airspace System is governed by 14 CFR Part 107 Operation and Certification of Small UAS. Financial compensation is not a determinant. There is a limited statutory exception to the law which, under certain conditions, allows the use of small UAS for recreational purposes ONLY.” Meaning, anything that is done to help propel business forward is considered commercial. Be it, volunteering, a free ‘sample’ of your work, a single aerial photo of your place of business, or a selfie posted on your business’ Instagram. Establishing this, we may now continue on to the new rules for hobby pilots.
The rules have tightened and it seems as if the FAA has pressed the restart button on the entire industry. As of May 20, 2019 there are new rules for hobbyists that will begin to introduce the Drone Reauthorization Act of 2018’s new proposed rules. Hobbyists, including those just now entering into their first drone ventures, must now abide by rules that have been either amended or added to the old Part 101 rules, (the old guidelines for recreational operators).
An example of such a change that has been made is recreational pilots must now pass a knowledge test and have proof on hand at all times to show the FAA or law enforcement in case an operator is approached while out flying their drone. During the Part 101 legacy, there was no need to take a test prior to operation. Another new change includes no longer having to call the airport tower or manager to notify of their flight. Now, under these new rules, pilots must attain prior authorization to fly within the veil of the Class B, C, D, and E surface. What is the small bit of good news to this change? The Low Altitude Authorization and Notification Capability (LAANC) system will now be available to hobby pilots as soon as July 23, 2019. This system was previously only used for notification and getting instantaneous authorization for commercial drone operators. Please see Figure 1 for additional information on the new hobby rules.
Recently, the El Paso Drone Hive, a local group of drone enthusiasts that fly for hobby and commercial purposes, sat down with our local airport managers and had a first hand look at how the FAA will begin enforcing non-compliant drone operators in the area. Their system can pinpoint where the drone is and how high it is flying. In addition, one click of the icon on their screen and the federal agencies can see the name, phone number, and email of the operator. When asked what would happen if someone is caught flying recklessly or without prior notification on AirMap, the response was simple and straightforward. The first occurrence is an education and the second is fines and potentially jail time.
If you just bought a drone at one of our local Best Buys or hobby shops around town, there’s no need to fret about all of this. The El Paso Drone Hive is a very active group that meets once a month to bring drone enthusiasts of all ages together, answer questions, and educate the community about how drones can be used for good. If you have any questions or would like more information on the El Paso Drone Hive, you can find them on Facebook, Instagram, Twitter, and Meetup. It may seem eerie but flying with the thought that someone may be watching you now is not too wild of an idea. Especially in our Wild West Texas town of El Paso. Fly safe, fly responsibly!
Sources:
https://jrupprechtlaw.com/recreational-drone-laws
https://dronelife.com/2019/05/17/the-faas-new-rules-for-recreational-drones/
https://www.faa.gov/uas/recreational_fliers/