Drone Policy - When, Where and Why

 On Dec. 21st, 2016 the FAA announced that more than 600,000 drone users have been added to a public registry. The FAA expects the combined total sales of both recreational and commercial drones (small unmanned aircraft systems) to steadily increase from 2.5 million in 2016 to 7 million in 2020.

This is great news for market leaders like DJI and others who manufacture, sell or support small drones but their low cost, small size and ease of use can also bring along a host of related potential problems for some entities if not properly wrangled in. This is even more important when you consider that many people flying drones today have very little experience operating them safely.

This recent drone ubiquity has forced many of our clients to implement specific policies directed towards keeping drones under control when operating from property they own or manage. The reasons for this stem mainly from the need to assure that drones and their operators follow all applicable laws in order to protect both safety and privacy. Such policies typically come from risk managers and safety officers employed at larger, culturally significant public and private properties. A few examples include public parks, colleges and universities, museums and historical landmarks, among others.

In general, these policies require drone operators to comply with all existing State, Federal and City laws for drone use. They also require advance permission (permit) that details specifics about the intended use of drones. And lastly, they include provisions that prohibit using a drone in a manner that would invade a reasonable expectation of privacy. It is important when drafting such policies that they do not conflict with existing FAA regulations, as these have preemption. These policies must also be regularly revised as FAA rules change frequently at this stage of the game.

Unfortunately drones open up an entirely new arena that often isn't addressed properly through existing policies. Failure to have instituted a drone policy can implicate a property owner in the event of an accident or privacy violation in subsequent legal proceedings if it can be shown in court that the entity was aware of the issue and took no action.

A well crafted drone policy is almost always preferred to an outright ban on drone use as it allows for countless beneficial drone uses by qualified personnel for marketing, inspection, mapping and countless other useful purposes.

Why Drone Racing Won't Be The Next Big Thing

There is much talk these days about drone racing. This week ESPN will even start airing several Drone Racing League (DRL) events. For those who aren't familiar with the sport, pilots wearing video goggles fly small quadcopter drones around a gated obstacle course for time. The HD video image from the drones camera can be displayed so spectators can ride along. Many people find this image nauseating due to a vertigo type sensation. Some of the larger events have been able to offer large sums of money to the winning pilots. Advocates of the sport profess that it is "the next big thing" because it appeals to the video game generation. But is that really the case and will it be something the average sports viewer will find engaging. We don't think so and here is why:

The world's most popular sports all involve human athleticism, such as soccer, football, basketball and baseball. Variations in this theme include all forms of vehicle racing, with one of the latest being Red Bull Air Racing. Inherent in all racing is the excitement and anticipation that a horrific crash is always lurking around the next turn from even the smallest mistake. The greater the human risk, the greater the thrill in watching. Humans can't take their eyes off train-wreck scale carnage - it's written into our DNA. Drone racing offers none of this form of viewer excitement. A small drone racing crash is viewed with far less agape than dropping your smartphone on the floor.

As a radio controlled aircraft event organizer for many decades, I have some experiences that support my contention that drone racing's 15 minutes of fame has only about 12 minutes left. My wife Leisa and several of our RC buddies started an event over a decade ago called the Extreme Flight Championships (XFC). It was our groundbreaking attempt to make flying unmanned aircraft more appealing to mainstream sports viewers. In many areas it had much more going for it than drone racing. The world's top giant scale RC aerobatic airplane and 3D helicopter pilots flew radical aerobatic routines, often inches from the ground, all choreographed to music. A panel of judges scored each round much like figure skating or gymnastics. In many cases the cost of these aircraft were 10's of thousands of dollars. The flying skills of the pilots was an order of magnitude more demanding than drone racing. We handed out huge cash prizes to winners. Routines were even flown at night with amazing remotely controlled LED lighting systems and on-board and ground fireworks displays. This sport had something for everyone, yet it only achieved a very modest mainstream following, despite all our best efforts and support from the Academy of Model Aeronautics (AMA). Today, after more than a decade, the XFC is finding it increasingly difficult to keep going.

Drone racing on the other hand is a one dimensional, one trick pony. The drones don't even race each other at the same time, which is key in the most popular forms of racing. But I will confess that it does have at least a couple of significant things in it's favor that may ultimately have value, should it morph or evolve into something greater that it currently is. The most significant being a very low cost to entry. Just about anyone can afford to buy a racing quad which will certainly help more young people get on board. Secondly, and perhaps even more important, is, today's younger generation seems content to do something that older folks can't even begin to understand - they are perfectly content to sit for hours in front of a video screen watching someone else play a video game. If these young people find this a viable form of entertainment, perhaps drone racing does actually have a future and I don't have a clue.

Only time will tell and I am sure many will tune in to check out drone racing. But I predict that for the majority of us, it will garner nothing more than a big wide yawn, followed by a channel hop to one of the many other time-tested sports or entertainment options available.







  

The Naked Truth Behind The FAA "Part 107" License

With the recent arrival of the FAA's new Part 107 Small Unmanned Aircraft regulations late last month, it has become quite common to see drone operators proudly announcing that they are one of the first to pass the knowledge exam and will soon be open for business. (The applicant must pass a TSA background check before actually being granted the license). But what does this really mean to the average individual or business person?

To be honest it's very similar to someone saying they passed the knowledge test for a chauffeur's license, but not an actual driving test. Yes that's correct. There is NO practical exam associated with Part 107. When I obtained my Private Pilots License, I had to pass a knowledge test, an oral exam and a check ride with an FAA examiner. On top of all that, my instructor had to sign off my log book to indicate I was actually qualified and ready to even go on that check ride.

So what passing the 107 knowledge test really means is some test questions were memorized and a passing score on the 107 exam was obtained - and nothing more. This is in no way intended to downplay the importance of compliance with the new FAA commercial drone regulations. This step is vitally important to educate potential commercial drone operators on the safety aspects of flying drones in the national airspace. Many of these new drone pilots have been violating FAA safety policies they never knew existed until studying for this exam.

Even more important for the FAA is by passing the exam, commercial drone operators will no longer be able to plead ignorance when they are caught being careless or reckless. This also greatly simplifies FAA enforcement efforts when it comes to levying fines and revoking operators licenses, as they can now actually cite specific regulations violated.

So going back to our example of the aspiring limo driver who just passed the chauffeur's exam, what you would NOT know about this person is -

- How much actual driving experience they had?
- How many accidents they have had?
- Do they possess good decision making skills?
- Do they have drug or alcohol dependence?
- What kind of maintenance history does their limo have?
- Is their limo the best one for the job?
- Do they have any references or insurance?
- Have they ever driven for anyone important?

Obviously all of these same questions and many more should be asked before hiring anyone to perform drone services for you or your company. Check out the operators previous work and website. How many flight hours do they have? What kind of insurance do they carry? Only the most experienced operators are able to obtain policy limits of $5M to $10M or more. Do they have a Worker's Comp policy?

The most experienced professionals in the drone service industry started down the path to excellence many, many years ago - long before the potential of using drones commercially was even on the FAA's radar screens. These professionals obtained full size pilot's licenses and developed very comprehensive operating manuals for things like closed-set motion picture/television filming and inspections of industrial facilities.

As I have mentioned previously, a large portion of the work that our company gets is the direct result of another less experienced company not performing as expected and/or having an accident. Because drones have become easier and easier to operate, many people think that little actual flying skill is required to use them for work. It then comes as a rude awakening when they discover that flying indoors, around electrical equipment, power lines, inside boilers and near buildings can require the pilot to quickly and unexpectedly assume full manual control to avoid an accident. But this is the kind of information you need, before you actually need it - otherwise commonly known as "experience".

Key Considerations When Selecting A Drone Filming Company

Currently in the U.S. there are over three thousand FAA Section 333 approved drone service providers and many, many more rogue (unauthorized) operators. As word spreads throughout various industries that a legal (although cumbersome) option exists for limited commercial drone use, more and more companies are insisting on only using Section 333 authorized companies for their drone aerial filming needs. Here are a few reasons why:

In general, well established businesses don't want to risk getting into scrapes with the Federal Government or having to deal with the negative publicity that often results when things go south. The media continues to sensationalize anything negative associated with drone use, no matter how trivial it might actually be. Larger companies also don't want to risk having an entire production shut down unexpectedly by the FAA. Using only an FAA authorized provider is also preferred for liability reasons.

A down side of using a Section 333 provider is more planning is required, which can result in significant delays in a production schedule in some cases. A perfect example of this is the requirement to obtain a written letter of agreement from airport management when flying within controlled airspace. As a matter of fact, at this point in time it is just about impossible to get such approval flying near any of the 12 largest Class B airports in the country. This might sound like an infrequent issue until you look at an aviation sectional chart or Airmap.io (a great resource). Every moderately populated part of the country is densely littered with airports and heliports.

In our part of the country, over 50% of our business inquiries want to shoot within 5 miles of an airport. The main reason for this is many desirable filming locations (and subjects) are situated within population centers, and consequently, near airports. At times we have had airports provide written approval in less than 24 hours. In other instances, like in Frankfort Kentucky for example, a drone shoot had to be canceled because the approval was going to take over a month to obtain, once the airport's board and legal departments got involved.

There is also another compelling reason to only use an FAA authorized drone company. There is considerable time and expense associated in becoming authorized. Companies willing to put forth this effort are almost always committed professionals. Consider that less than 1% of the U.S. population are certificated pilots. To become a pilot requires intelligence, dedication, good decision making skills and hard work. These same exact qualities are what most people want in a company they are going to do business with.

With these thoughts in mind, here is a list of the top 10 things clients want from a professional drone aerial cinematography company, based on our 11 years in this business:

10. Drone pilots who can get technically difficult shots without putting the cast/crew at undue risk.

9. A company that brings at least 2 of everything and is also good at improvisation.

8. A company that's flexible and doesn't slip in extra charges for minor gear changes.

7. Drone Pilots who have the flying skills/gear to get epic, attention grabbing shots, above and beyond the same basic moves the everyone else is doing, even in less than perfect conditions.

6. A crew that are not only drone experts but camera/video production experts as well.

5. The ability to move from location to location and deploy in only a few minutes.

4. A company that is adept at dealing with the public and law enforcement concerns.

3. A company that is equipped with latest cutting edge drone/camera technology that is currently evolving very rapidly.

2. A company that can meet the current Section 333 exemption rules and still get viable results.

1. A company that doesn't oversell it's capabilities.

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