FAA Would Require Drone Operators to Get Certified

After a period of long delays, the highly anticipated rules for the use of unmanned aircraft systems was released for public comment by the Federal Aviation Administration today.

The proposed rules for drones weighing 55 pounds or less include:

* requiring operators to pass a safety certificate test, although operators would not need to have a pilot’s license; 

* suggesting that there be a separate category of rules for drones weighing less than 4.4 pounds;

* not allowing UAS to fly more than 500 feet above the ground;

* keeping UAS within the line of sight of operators (being within the line of sight of one’s binoculars wouldn’t count);

* not allowing UAS to fly more than 100 miles per hour;

* not allowing drones to fly at night; 

* and not allowing drones to fly close to airports.

In a conference call with reporters this morning, Anthony Foxx, Secretary of Transportation, said the rule addresses how to keep UAS clear of other aircraft and how to mitigate any risk to people and property on the ground.

Michael Huerta, administrator of the FAA, said that “this proposed rule provides a very flexible framework.”

He also noted that the reason for developing a separate licensing category for drone flights is that operating a drone “is fundamentally different from being a private pilot.”

Huerta also noted that the FAA doesn’t want to to require UAS manufacturers to get airworthiness certificates for their drones because such a rigorous safety standard would take too long and make drone technology obsolete by the time it was approved for the market.

During the conference call, one reporter asked if the proposal to require drones be flown within the line of sight of operators would squelch Amazon’s plans to eventually use drones to deliver packages. Huerta said that, while “the rule does contemplate that there would be line of sight activity,” the FAA has a research program for the use of UAS beyond the line of sight of operators. There also is an exemption process to allow “special uses” of commercial drones, he said.

“This isn’t the final word on the full scope of UAS operations,” Huerta said.

The proposed rules only regard commercial uses, not recreational uses.