What exactly is required for commercial use

Jaron · Jan 10, 2016

I've looked through these and other forums, searched online. The closest, up to date, reliable source I have found is knowbeforeyoufly.org. The problem is, the statement regarding commercial use is slightly confusing. I have messaged them with no response so far.

"If you want to use UAS for a commercial purpose, you have a few options. You can apply for an exemption from the FAA to operate commercially. You can use UAS with an FAA airworthiness certificate and operate pursuant to FAA rules. In both cases you would also need an FAA Certificate of Authorization (COA)."

Is this stating that I can apply for a section 333 exemption OR use an FAA airworthiness certificate, or do I need BOTH the exemption AND the airworthiness certificate?

I am going to buy an Phantom 3 Professional for my professional photography business soon and want to be able to use it to sell photographs and video for weddings, events, etc.. Flying has always been a passion of mine and so far I've used a CX-10C nanodrone and also a UDI-R/C U818a.

If anyone could hep me determine exactly what I need it would be greatly appreciated.

msinger · Jan 10, 2016

You'll need a 333 exemption and you'll also have to follow all of the rules within your approved exemption. One of them will require you to have at least a recreational or sport pilot license.

Meta4 · Jan 10, 2016

Jaron said:
I've looked through these and other forums, searched online. The closest, up to date, reliable source I have found is knowbeforeyoufly.org. The problem is, the statement regarding commercial use is slightly confusing. I have messaged them with no response so far.

The FAA is good at confusing.
Start here ... #1 answers your question. Section 333 Frequently Asked Questions (FAQ)

Jaron · Jan 10, 2016

I know there is a pending law that I've read may or may not require a pilot license. Any current information about that? It seems silly that you don't need a pilot license simply to fly the thing, but you do need one if you plan to sell the photos you take.

msinger · Jan 10, 2016

The current law requires you to have a pilot license. The FAA is working on creating a new "operator" pilot license that is rumored to only require some kind of paper test to acquire it. They have not mentioned when it'll be available.

Jaron · Jan 10, 2016

I appreciate the responses. There are a lot of different answers when I googled it and as I said before, the FAA is great at making it confusing. I've always loved flying and have considering going to flight school before. Many flight schools accept the post 9/11 GI Bill, so I've considered using mine for that, but I have a family I have to support first and foremost so school kind of comes second to that. But now I have a renewed interest in doing that for business purposes.

Meta4 · Jan 10, 2016

Jaron said:
It seems silly that you don't need a pilot license simply to fly the thing, but you do need one if you plan to sell the photos you take.

It's beyond ridiculous and like requiring a medical degree for applying bandaids - and doubly stupid when the flying and photography isn't illegal unless you are selling the photos

Jaron said:
I know there is a pending law that I've read may or may not require a pilot license. Any current information about that?

Here's what you're looking for ... Small UAS Notice of Proposed Rulemaking (NPRM)

Jaron · Jan 10, 2016

Here's something I found in a document on the page that Meta4 shared in regards to the new law. Seems an actual pilot license will not be required, but you will be required to take a knowledge exam. I'm sure it will cost, but not nearly as much as an actual pilot license.

Operators would be required to:

Pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center.
Be vetted by the Transportation Security Administration.
Obtain an unmanned aircraft operator certificate with a small UAS rating (like existing pilot airman certificates, never expires).
Pass a recurrent aeronautical knowledge test every 24 months.
Be at least 17 years old.
Make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the proposed rule.
Report an accident to the FAA within 10 days of any operation that results in injury or property damage.
Conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is safe for operation.

msinger · Jan 10, 2016

Jaron said:
Seems an actual pilot license will not be required, but you will be required to take a knowledge exam.

Right. As I stated above, the law requires a pilot license. That is likely to never change. So, the FAA is creating a new type of pilot license.

Jaron · Jan 10, 2016

Avionics Magazine :: FAA Expects to Issue Commercial UAS Rule in 2016

According to this article "FAA Deputy Administrator Michael Whitaker told lawmakers Wednesday that the long awaited federal rule regulating the commercial operation of small Unmanned Aircraft Systems (UAS) will be published by June 2016."

msinger · Jan 10, 2016

Jaron said:
the commercial operation of small Unmanned Aircraft Systems (UAS) will be published by June 2016

Don't hold your breath. The FAA excels at missing dates.

kennedye · Jan 10, 2016

As far as the airworthiness certificate, that basically means you have to register the UAS in the same way you'd register a new aircraft; send in form AC-8050-1 and get an N-number for your craft. It's not too onerous now that more people have started getting them.