On April 21st, 2021, the FAA’s updated operating rules for civil small unmanned aircraft (sUA) went into effect. These new rules apply to all aircraft weighing less than 55 pounds, operating commercially under the Code of Federal Regulations Part 107.
These updates to how commercial drone pilots are allowed to operate were a necessary step towards further integrating drones into the NAS (National Airspace System) and allow for increased operational flexibility as the industry and demand continue to grow.
In this article, we’ll discuss the four biggest changes that expand service capabilities for remote pilots and how to take advantage of them.
NEW FAA PART 107 RULES
Remote ID:
The new Remote ID Rule from the FAA states that all Unmanned Aerial Vehicles (UAV) will be required to broadcast identification and location information that can be received by a third party such as law enforcement. At the time of writing, this rule is scheduled to go into effect on September 16, 2023, with all manufacturers in compliance by September 16, 2022.
The purpose of this rule is to allow the FAA, law enforcement, and other federal agencies to identify an aircraft operating unsafely or where they shouldn’t be. According to the FAA, this rule also lays the groundwork for more advanced operations in the future like drone deliveries.
For a complete explanation of this rule, read our article “What Is FAA Remote ID: 2021 New Rule Overview”.
Flying Drones at Night:
In the past, flying a drone at night (commercially) required the FAA’s 107.29 Waiver and quite a bit of risk mitigation, in turn making night flying quite costly. With this rule change, remote pilots can legally fly at night without said waiver and additional risk mitigation expanding the services UAV pilots can offer to their customers.
In order to take advantage of this new rule, however, pilots must receive appropriate training, successfully pass the FAA’s Part 107 Recurrent Exam, and the aircraft must be equipped with approved aviation anti-collision lighting visible for at least 3 statute miles.
For a complete breakdown of this rule, read our article “Flying A Drone At Night: 2021 New FAA Rule Overview”.
Flying Drones Over People:
Flying drones over people in the past required a 107.39 Waiver from the FAA, but effective 2021-04-21 a remote pilot can conduct drone operations over people as long as they’re compliant with the specific requirements of the rule.
The FAA classifies “flights over people” as any part of the aircraft directly overhead of any part of a human being not protected by a covered stationary object, regardless of the duration of the flight. In an effort to provide more flexibility and operational expansion, the FAA has divided Flights Over People into four categories each with its own operational requirements.
Category 1
Aircraft weighing .55 pounds or less, including all equipment attached to the aircraft (lights, memory card, propeller guard), at the time of takeoff and throughout the duration of the flight.
Aircraft must not have any exposed rotating parts that could lacerate skin.
Aircraft may not fly over any “open-air-assemblies” unless the operation is compliant with Remote ID.
Category 2
Aircraft weight between .55 and 55 pounds, including all equipment attached to the aircraft (lights, memory card, propeller guard), at the time of takeoff and throughout the duration of the flight.
Aircraft may not cause injury to a person equal or greater to the equivalent of 11 foot-pounds of kinetic energy upon impact from a rigid object.
Aircraft must not have any exposed rotating parts that could lacerate skin.
Aircraft may not fly over any “open-air-assemblies” unless the operation is compliant with Remote ID.
Category 3
Aircraft weight between .55 and 55 pounds, including all equipment attached to the aircraft (lights, memory card, propeller guard), at the time of takeoff and throughout the duration of the flight.
Aircraft may not cause injury to a person equal or greater to the equivalent of 25 foot-pounds of kinetic energy upon impact from a rigid object.
Aircraft must not have any exposed rotating parts that could lacerate skin.
Aircraft may not fly over any “open-air-assemblies”, and fit one of the following scenarios;
Operations are conducted in closed or restricted-access sites with all parties on notice of UAV operations, or;
The remote pilot does not maintain sustained flight over any people unless those individuals are directly participating in the operation and are protected by a structure or are inside a stationary vehicle.
Category 4
The aircraft must possess a valid airworthiness certificate issued by the FAA under Part 21, and must be “operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator” and meet additional maintenance requirements.
For a complete breakdown of this rule, read our article “Flying Drones Over People: 2021 New FAA Rule Changes”.
Flying Drones Over Moving Vehicles:
This is basically an extension of the Flights Over People rule and allows for the operation over moving vehicles so as the operation satisfies the requirements of Category 1, 2, or 3, and either:
The UAV must remain within or over a closed or restricted-access site, and all individuals inside any moving vehicles within the designated area must be on notice of the operation; or
The UAV does not maintain sustained flight over moving vehicles.
Additionally, an operator may fly over moving vehicles with an eligible Category 4 approved aircraft, as long as the operation isn’t prohibited by the limitations of the Administrator or Flight Manual.
For a complete breakdown of this rule, read our article “Flying Drones Over Moving Vehicles: 2021 New Rule Overview” (coming soon).
Resources
Operations Over People FAA Overview
ProAerial Media provides aerial drone services for a wide array of industries as well as special events like weddings. Subscribe to our YouTube Channel to see our video work, and our Instagram feed to view our photography (@proaerialmedia). If you’re ready to fly, you can always book a flight from the ProAerial Media Website.
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UPDATED: 2021-10-03
Read our article on the Drone Infrastructure Inspection Grant Act and how it can be leveraged in conjunction with these new rules.