Section 333

[TAZ]

Commercial entities ask for relief from airworthiness certification requirements as allowed under Section 333, in addition to relief from regulations that address general flight rules, pilot certificate requirements, manuals, and maintenance and equipment mandates.

I think there must be some confusion here. That which you are quoting is an Airworthyness Certification. Airworthyness Certifications are certifications for an aircraft, not for the airman. 333 exemptions allow for exemptions in regards to rules around the Airworthyness requirements aircraft fall under.

However, the law does not allow for the FAA to grant airman certifications requirement exemptions.

333 exemptions along with a COA is required. The FAA has issued a blanket COA (which used to take up to 60 days to be granted)... However, the blanket COAs do not exempt the airman from the requirement from holding a sports pilot or greater certificate.

The language that says "addition to relief from regulations that address general flight rules, pilot certificate requirements..." is in regards to which certificate you must hold (ie the ability to do commercial flights with only a sports pilot license or greater, rather than needing a commercial certification)....not implying you may get an exemption releasing the airman form having a certification at all.

As part of the proposed revised rules, which may come into effect sometime in 2016, the requirement for a pilots certification isn't going away. Instead their intention is to add a new certification level for UAS operators, which has its own tests and specific requirements.

 

[30secs]

I would like to apply for the 333. How difficult is the application process? Aside from the lung wait time?

 

[JBG]

For other looking at this thread, here is a good webinar put on by the NAR (National Association of Realtors) and attorneys in Washington DC, it is long but for those with Real Estate aspirations and wanting the current state of affairs it is worth watching/listening to.

http://www.realtor.org/articles/nar...tXI&om_mid=_BVqA1FB9DlPYHK&om_ntype=NARWeekly

 

[msinger]

However, the law does not allow for the FAA to grant airman certifications requirement exemptions.

It actually does. See (f) here:
https://www.law.cornell.edu/uscode/text/49/44701

 

[dysan911]

I have a question: I am in the process of creating my Exemption letter and wanted to ask the group. Should I form an LLC and get the exemption under the business name I intend to use or are the more advantages of just having the Exemption filed under my own name?

 

[msinger]

How difficult is the application process?

You can find instructions here:
http://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition

 

[unclejas]

So if he were using it only for recreation then only the FAA guidelines applying to us hobbyists would apply. Correct?

 

[msinger]

unclejas, correct. Hobbyists do not need an exemption.

 

[TAZ]

It actually does. See (f) here:
https://www.law.cornell.edu/uscode/text/49/44701

I should have been more specific.... The law in regards to section 333 exemptions does not allow for exemptions in regards to the requirement for holding an airman certificate. I did not mean to imply that no law could allow for that.

 

[volito]

Color me confused. Please forgive my limited understanding...

Can someone clarify for me - I must be missing something... I've read many of the recently granted 333 exemptions for photography and each one of them has stated an altitude of 400 ft. as a limitation. Nowhere have I seen a 200 ft. altitude reference.

What am I missing? Is that a part of the COA blanket exemption? Is a COA blanket exemption assumed to be a part of the 333 exemption unless another COA is requested?

Sorry to be beating this to death, but gee whiz this is so convoluted. Oh, and I see the 333 exemptions need a "written authorization from airport management to fly within 5 NM of an airport" - a phone call to ATC won't do it anymore? And now it's 5 Nautical Miles, not statute miles? (5 NM = 5.75 SM)

Thanks to anybody willing to clarify this.

 

[JBG]

the 200' is part of the COA, and yes part of the 333 is the NOTAM - 5 Nautical miles.

 

[Ken Cruise]

Hey guys I just got back in. I did find in the FAQ's a bit more info about the Airmans certs requiremnt.
https://www.faa.gov/uas/faq/#qn19

Is an FAA-issued pilot certificate required to operate a civil UAS under an experimental airworthiness certificate or a grant of exemption under Section 333?

If the aircraft is issued an airworthiness certificate, a pilot certificate is required. 5
Pilot certification requirements for petitions for exemption under Section 333 are evaluated on a case-by-case basis. While Section 333 grants the Secretary of Transportation flexibility with regard to airworthiness certification requirements, it does not grant the Secretary any flexibility with regard to airman certification standards as outlined in Sections 44703 and 44711 of Title 49 of the United States Code (49 USC). An FAA airman certificate is required to operate an aircraft in the National Airspace System.

Remember, to be a CIVIL Operator you must need to operate over the 200ft mark in areas not allowed with the blanket COA that comes automatically with exemption approval AND get a CIVIL COA. If that is you then you would be a CIVIL OPERATOR and IF you cannot obtain an exemption for an Air Worthiness Certificate or the craft requires it THEN you will need a Pilots Cert.

 

[msinger]

Remember, to be a CIVIL Operator you must need to operate over the 200ft mark in areas not allowed with the blanket COA that comes automatically with exemption approval AND get a CIVIL COA. If that is you then you would be a CIVIL OPERATOR and IF you cannot obtain an exemption for an Air Worthiness Certificate or the craft requires it THEN you will need a Pilots Cert.

You'll need an airman certificate to fly commercially at any altitude.

 

[Ken Cruise]

You'll need an airman certificate to fly commercially at any altitude.

If the aircraft is issued an airworthiness certificate or required.

 

[msinger]

Ken Cruise, the important takeaway is that you need an exemption to fly any DJI product for commercial purposes. And, the FAA is going to require an airman certificate in that exemption.

 

[Ken Cruise]

Ken Cruise, the important takeaway is that you need an exemption to fly any DJI product for commercial purposes. And, the FAA is going to require an airman certificate in that exemption.

The PIC must also hold a
current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of
Col
u
mbia
, Puerto Rico, a territory, a pos
session, or the Federal
government. The PIC must also meet the flight revi
ew requirements specified in
14
CFR §
61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

 

[msinger]

Ken Curise, what exactly are you trying to tell us? You just keep copying/pasting random text.

 

[Ken Cruise]

I'm reading from a granted request for waiver of the requirement for Airworthiness. In your waiver the governing body will decide which certs etc you need based on your activities. I had not found that language in any of the other approved exemption reports website text.
https://www.faa.gov/uas/legislative...uthorizations/media/Elevated_Images_11425.pdf

This one was specific for a DJI craft and the purpose 99% of the people on this board seek exemption for.

 

[msinger]

This is the important line:
"Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate"

 

[Ken Cruise]

Ken Curise, what exactly are you trying to tell us? You just keep copying/pasting random text.

I did it once. I thought I copied the entire text that explains my point.