Drone Law for Drone Training Educators, Universities, & K-12 Schools.
[ Music ] today we’re gonna talk about drama mall for educators K through 12 schools and universities. This article is written primarily to help drawn educators in the schools, understand the legal issues surrounding drones.
So let’s, jump straight into drone law, guys so one foundations of drone law. This is a quote from my book. Drones and many civilian uses infamous laws surrounding them. The Commerce Clause of the United States Constitution gives Congress authority to regulate commerce with foreign nations in among the several states, Congress created the Federal Aviation agency by the Federal Aviation Act of 1958, but in 1967 Congress changed the name into the Federal Aviation Administration and move That agency to Department of Transportation, which is a presidential cabinet department? Yes, so the FAA has been given by Congress, jurisdiction to regulate navigable airspace of aircraft by regulation or order.
The FAA has created regulations known as the Federal Aviation Regulations. Far’s which govern the certification of only civil aircraft, civil pilot licensing airspace, commercial operations, general piloting rules, pilot school pacified, schools insert certificated agencies, airports and neck navigational facilities.
So the FAA also regulates in multiple ways by creating advisory, circulars or memos or interpretations on the regulations. Regulations are the law, while advisory, circulars, memos and interpretations are the EFI’s, opinion of how to follow the law, but they are not the law.
However, they still would become law in effect, because, even though they are not the law, interpretations change people’s. Behavior would rather not pay an attorney, defend them in a prosecution case.
They in effect, stay out of the greater like the guy in the yellow shirt in the graphic he sees on this gray area. Here, oh well, when I say gray, I don’t mean that it is it’s, not clear as to whether it is the wall or not.
The gray area is not the law, but I mean that it is unclear as to whether a judge would agree with Faye’s opinion and we ‘ Ll find a guy in the yellow shirt to be in violation of the regulations, ensure the law is what you get charged with violating, but the interpretations memos advisory circulars are what determine.
If you are MFA’s hit-list, so they can go fish in your train, get you with the law regulations, so keep in mind. The FAA has that super vague regulation, which prohibits you from acting in a careless and reckless manner, which functionally acts as a giant petrel.
This gets pretty much thrown in as a charge for almost a bit every faa prosecution out there. So out of the 23 fa enforcement actions against joan up orators, I studied all 23 of them are charged with the violating any 113.
Keep in mind that 107 point two three, which is the 107 version of Kahless michaelis, was not around at the time. This is all like pre 107, so why are these regulations created? Well, they are religious safety standards that have been prescribed by the FAA for us to follow to maintain the safety, the National Airspace System.
Far’s applied almost everything. It touches aviation. A good exercise is to find something that the FAR’s. Do not regulate below is a graph to help. You understand the different areas of the FAA regulates, which all contribute to the safety of the National Airspace System, so how drones can legally fly.
Unmanned aircraft can be flown as public aircraft under the public Co of civil aircraft flown under a section 333 exemption as non-recreational unmade aircraft under part number 7 or under part 101. As a recreational unmade aircraft, the classification of the aircraft will determine which set of regulations and standards are used below is a graphical summary of the requirements of each of the different classifications.
Purple’s, where the burden of determining the standards is placed upon. The remote pilot in command grey is where the FAA determines the standards here’s, a helpful breakdown of the four major areas that schools could potentially fly under.
We’re, going to go into each of those as why or why not? The schools would want to fly under that particular type of approval from the FAA based upon what that day is previously said or not say so. Let’s.
Jump in public aircraft operations under a public certificate of authorization or public aircraft are those that one fall into 105 statutorily defined, owned or operated. Situations are flown for governmental purpose and three are not flying for a commercial purpose.
The big benefit to obtaining public aircraft status is the public aircraft operator determines their own standards for the pilot, aircraft, maintenance and aircraft. I mean it’s, an aircraft in medical centers of the pilots, but they still must fly under restrictions given to them by the FAA is listed in the public certificate of authorization.
Unfortunately, educators in schools, aren’t able to fly unmanned aircraft under public co for education, keep in mind. Many universities are flying under public host but for purposes like aeronautical research, but not education that they answered the question whether education was a governmental function and a letter from mark Prairie to the FAA chief counsels from the f-from of the fhg counsel’s.
Office to Jim Williams, who was in the UAS integration office, and they said if the FAA are now, we’re to read a concept as broad as education and a statute. It could exponentially expand the operation of unregulated at aircraft as a concept.
Education is not restricted to age, create them and it would include aviation education, such as flight schools, all manned flight flight schools are civil operations on are subject to significant regulation.
None used public aircraft to teach students apply. Nor would we allow answer to give uncertificated pilots operating unregulated aircraft to teach others. The same must hold true for UAS, as the statute contains no distinction and the type of aircraft used to conduct a public aircraft operation.
Accordingly, almost the answer in the negative. Your question of whether the university could in essence conduct a UAS flight school using its Khoa. You also asked whether some limited form of education could be found governmental.
It would not be defensible to include education as a governmental function, but then draw artificial limits on its scope, such as the level of education being provided the curriculum or the aircraft that can be.
Since our agency mission is the safe operation National Airspace, including the safe integration of UAS into it, any analysis of whether the list of governmental functions can recently be expanded to include education was contained.
A clear consideration of the overall effect that such a change would have on aviation as a whole. There is nothing in the law or it’s, minimal legislative history. To suggest that Congress intended education to be a government function that a state needs to carry on its own business, free of aviation safety regulations.
Let’s. Go to the next option for educators, since público aircraft operations are not not going to be beneficial or not going to really be allowed for education purposes. So the section 333 exemption – section 33 of the FAA Modernization Reform Act of 2012 says be assessment of unmanned aircraft systems and making the determination under subsection a the Secretary shall determine at a minimum one which ships of unmanned aircraft systems, if any as a result of Their size, we speed operational capability proximity to airports and populated areas in operation with individual.
I do not create a hazard to user to users of the National Airspace System for the public or pose a threat to national security and to whether certificate a waiver certificate of authorization or air within a certification under Section 4.
4. 704 of title 49. As its code is required for the operation of unmanned aircraft systems identified under paragraph 1, its authority given to the FAA was created before part 1. A 7 report 101 were created.
The F aids view at the time was that all the FAR’s applied to civil aircraft. These regulations are burdensome to comply with, for example, 14cm 491 118 requires the aircraft to be at least 500 feet from non-participating people in property, which makes it very hard to do aero photography from 500 feet.
The FAA was given authority under Section 3 C 3, but needed another legal tool to help the drone operator. Drone operators get airborne if they use the authority given to them. In section 33 determined the unmanned aircraft did not need an airway in a certificate.
The remaining regulations were taken care of by using the part 11 exemption process. This is why the paperwork allowing you to fly was nicknamed, though 33 exemption, even though section 33 does not five any exemption powers to the FAA.
The operator operates under all the Federal Aviation Regulations, except those specifically exempted. We’re exempted. The operator flies according to the restrictions which will provide an equivalent level safety as the regulations they were exempted from Def a wise.
They decided to create restrictions in the three three three exemptions required: the pilot in command to determine the air worthiness of the aircraft and determine proper maintenance. However, all the pilots were still required to have a sport pilot license or higher a driver’s.
License or third class medical – and they were still eliminated part – and you want answer descriptions – you’ve, got an operation, exemptions or operation specific Daffy’s. I mean the first group of exemptions were for the cinematography industry, which was focused on creating remote movies, not on instructing or education.
The restrictions slowly morphed over time to be a okay. Enough type of you know situation to allow for other industries to use the 333 exemption over a year after the first exemptions were granted on November 24, 2015 that they finally granted a section three three exemption to Kansas the University to allow for flight instructing the FAA Issued their educational memo on May 4, 2016 and part 107 was released on June 21st 2016, which is far easier to operate under the section 333 exemption.
The idea behind the memo was to allow people to operate, to fly for purposes of education without having obtained a section three through three exemption to further promote flight training. The FAA granted on November 14 2016 an amendment to a giant list of exemptions to allow many exemptions to conduct training of students.
Three, the FAA memo on educating educational use of drones of part 101 recreational operations, the background to part 101 subpart heat up until part 1 on 1, so Part II went into effect. The FAA was pretty much echoing the definition of model aircraft, as defined in section 33, 6 of the FAA modernization Reform Act of 2012 so part 101.
A part 101 subpart E is just a copy page really of section 336. Keep in mind that the terms model aircraft, recreational are used interchangeably throughout the FAA website and material. Even the recreational aircraft might not be miniature model versions of a full maeín aircraft.
You know, for example, phantom four there’s, no big version of that, while there would be a bigger version of like a model people doing Mustang that phase treatment of a section 336 is really weird, because the FAA uses section three through six to Somehow the fine model aircraft, but section three three – was actually specifically directed at the FAA, telling them what not to regulate the FAA, ignore what Congress said in Section three, three: six twice once when the effe created the new part, forty eight registration regulations, and secondly, when They created part 101, separate four subpart E for a much more in-depth discussion.
You read my article on why the registration requirements and regulations are illegal. The reason I have question marks all over these are these different areas. Here is that the newly created part, forty eight regulations and the FAA interpretation that all aircraft are required to be registered.
All those things are actually being challenged in the DC Circuit Court of Appeals and how that court to turn out like rules will determine the effect of the FAS interpretations. Part 101 and part 107 all model aircraft operations, and so that fades come and spoken to these issues and that that case will give us great clarity as to certain some of those standards going forward.
So, educational memo, the read the reason why education that was created was that many universities were wanting to offer classes where students would be required to fly the aircraft. This brought up.
Questions such as does the university need a section three three exemption or is the student end up pilot’s license? There are all sorts of spin-off questions such as can we teach the local 4-h Boy, Scouts, etc, but just that face um.
The memo up and three points a person may operate an unmanned aircraft for hobby or recreation in accordance with section 336 of the fa. Modernization Reform Act of 2012, an educational institutions, community sponsor demands, provided that the person is one not compensated or to any compensation received.
As needed directly or incidental aid to the persons operation of the aircraft, at such events, a student may conduct model aircraft operations in accordance with section 336 of the authority in furtherance of his or her additional aid education and an accredited educational institution.
Faculty teaching aviation related courses at accredited educational institutions may assist in to are operating a model aircraft under section through six, in common with a course that requires such operation, provided that the student maintains operational control, the model aircraft, such as the faculty members, manipulation, will model Aircraft controls is incidental and secondary to the students.
You know, for example, the faculty member steps in to regain control and they, but the student begins to lose control to maybe turn to terminate flight etc. Let’s now get into the three three definite.
These three areas of the fa discuss so UAS demonstrations, hobbyist or enthusiasts can fly at an accredited educational institution or other community sponsored event to promote the safe use of us and encourage students.
Interest in aviation as a hobby or for recreational purposes provided the hobbyist receives no compensation of any kind or honorarium or reimbursement of costs or any such compensation, either directly or indirectly furthers the hobbies, business or operation of the US and keep in mind.
The last portion is very broad if you think this might apply to you the word prize, just to do demos inside a completely enclosed building and what all these legal gymnastic problems now student use. We you know, we’re, all wanting wondering if the skills learn from the education somehow prevented the flight from being recreational.
That phase interpretation of recreation was that the operator was not receiving any direct or indirect benefit. Skills would be an indirect benefit. So this kept many on the sidelines. The fa went on to say that, just because a student learns about the knowledge of flight does not make the flight not hobby and recreational when they will use the knowledge to get a degree.
Their link between knowledge to the grade to job to just too attenuated. For the FA to be considered outside of hobby or recreational use, the fa concluded that UAS flying for student flying for students at accredited educational institutions as a component of science technology, a VA, ssin related education, curricula or other coursework such as television or film production, or The arts was more closely reflects and embodies the purpose of the hobby and recreation.
If the student receives any reimbursement for costs or non around, then that is not hobby and recreation. However, student may receive financial aid participating in a work-study program or being a paid research assistant to a faculty member teaching.
The course now let’s, get into faculty use faculties, faculty teaching a course or critical that uses unmanned aircraft. As a component of that course may provide limited assistance to students operating the unmanned aircraft without changing the students, hobby and recreational classification or the need for the faculty to obtain FAA authorization, this law and assistance exception is only where the UAS operation is secondary.
To the course I second during the course, however, if the UAS operation is primary, is the primary reason for the course the faculty member would need authorization, but the student as defined above would not.
It is not considered hobby recreation for faculty member before a faculty member or assistant to operate a Joan as part of their professional duties. Additionally, a professor cannot do a workaround to get the students to fly the job for purposes of the faculty, limited professional research objectives.
So when does a university class operation not fall into this exception? Well, faculty operate internal research and development, faculty supervising students doing research in development using a drone UAS flight instructing where the faculty is actively involved in the operation where it’s.
You know not incidental and secondary, however, just teaching without touching the controls would be fine. Think of it like the faculty is the air traffic control adjacent seem to a delay in the aircraft.
Well, here was kind of you know the problems I see with this minimum. So how much of this has been superseded or will be overruled? Does the new decree of part 101 note by the older three three three six? Three, three six interpretations: will the FA treat the three three six interpretations like? They were really part 101 interpretations.
How will the Taylor case is in the DC Circuit of Appeals caused problems to each of the interpretations on the 336 protected model aircraft class? Keep in mind the FAA mentioned in part 107, and the part where is that preamble? If that they are revising the 2014 model, aircraft interpretation must the aircraft model ericka be registered.
Nothing is said in the memo about whether the aircraft was to be registered or not. This is most likely an over sudden phase part since they have been campaigning hard about the need for all aircraft.
250 grams are involved to be right. That phase interpretation of section 3 36 is that it prohibits the specific regulation of model aircraft, not the regulation of all aircraft as a whole, like it was some sort of special civil rights for Drummond’s, equal protection clause, which is not in any Way, work with the meaning of special in the title section: 336, in other words, how our model aircraft special, as indicated in the tail section 3 through 6.
If model aircraft were required to be treated like everyone else, our model aircraft special or not there’s, something seriously in congruence with the FAA view of section 3 through 6 in part 1. On how section 3, through section actually reads that phase seems to view 3 through 6 and now part 101 is as a means of allowing model aircraft flights without authorization when a reality is specifically addressed at the FAA, telling them to not create any rule or regulation Governing model aircraft FPV flowing fa in their 2014 interpretation, and while I are careful one of the kids, the FPV racing would not fall within section 336 is definition of model aircraft.
An interesting point here is that, as the Federal Aviation Regulations require, the pilot to seen avoid other aircraft in section 33 6 for 21 aircraft has been flung within visual when displayed of the person flying the aircraft.
It so logically follows that the FAA interpretation be that happy v racing, while possibly permitted under the interpretation, would not be permitted under their model aircraft interpretation from 2014, since it would not be considered a model aircraft for purposes of section 336 or lit part 101.
So what is owning there are more problems here then I MacGyver episode they’re, just they’re, really actually, two easy solutions for educators in schools, one how the students and teachers all fly indoors or to have the teacher professor obtain A part 107 remote pilot certificate, one of the students flies.
A hundred direct supervision of the teacher professor part 107 is a far less restrict, is far less restrictive than the newly amended section three through three exemptions. So let’s get out into part 107, the non-recreational operations.
The best choice is for the professor teacher to obtain a remote pilot certificate. In-Depth step-by-step instructions are here. There are two options for a teeny one: manned aircraft, pilots certificated in a Parsi one who were also current with a biannual flight.
You can take a free online training course. They then can get aidid from either a certified flight instructor and a fait aviation safety inspector. A Disney an examiner or an air and certification representative.
They then file through an online portal. They’ll, receive an email later notifying them. They can print out their temporary room. Its certificate now brand-new PI ‘ S can take the remote pilot initial knowledge exam four hundred dollars at a testing is enough.
Also, man, pilots, who are not current, will have to take the knowledge exam as well. I have some articles here that would be very helpful for new individuals to studying, for the part 107 or trying to find decent material for their classes and now let’s, get into the important points about part 107 for educators in schools.
Please to understand this is not a complete list. These are the major points of G that you should know the minimum age of the remote piloting command is 16 years of age. Keep in mind that there is no one, how young a person who can be me who is flying under the direct supervision of the really teacher you can all pile in command.
Part 107 is for outside buildings, while in the National Airspace you can get around the regulations by operating a completely closed building F a said on page 103. I want to for the preamble to the final rule to further enable the education opportunities identified by the commoner.
Is this rule will allow the remote pilot command, who will be a certified, a certificated airman to supervise another person’s? Manipulation of small UAS flight controls, a person who receives this type of supervision for the remote piloting command will not be required to obtain remote pilots or 250 to manipulate the controls of a small UAS.
As long as the remote pilot in command possesses the ability to immediately take control of the small unmanned aircraft, this ability is necessary to ensure that the robot can be and can quickly address any mistakes that are made by a certificated person operating the plane controls before Those mistakes create a safety hazard.
The ability for the remote pilot in command to mean they take over the flight controls could be achieved by using a number of different methods. For example, the operation could involve a buddy box system.
They used to control stations, one for the person manipulating the flight controls and one for the remote pilot in command that allows the remote pilot in command to override the other control station and you take direct control of the small unmanned aircraft.
Another method could involve the piloting, commands standing close enough to the person mabeline a flight control so as to be able to physically take over the controls the control station from the person.
A third method can employ a use of an art automation system whereby this remote pilot in command can immediately engage, assist and put the small. I mean aircraft in a pre-programmed, safe mode such as and hover and a holding pod and the return to home.
Let’s, jump into the potential liability issues that instructors in schools face. I’m sure cuz of schools face liability issues from multiple areas. Please understand this is also not a complete list.
You should talk to an attorney to find out what applies to your local situation, state and local issues. All sorts of states, towns and counties have third Korean drone laws. It’s becoming very problematic to keep track of them since they’re spraying up like mushrooms don’t knows as if the drone laws are like some sort of like fad for government officials like Pokemon, and we are On out drone operators trying to catch them all here’s, two resources that you would find very helpful for trying to find your state laws regarding drones.
Now, regarding city, county town laws, good luck! You’re on your own there. This is a big problem for the industry, because there’s, no easy way to track the laws. The databases aren’t complete. These local governments are all wanting to play FAA and they use all sorts of different terms.
Drones UAS. I’m: an aircraft model aircraft model airplanes, UNEP having a search for a bunch of different terms and hope one gets a hit. Otherwise, you’re, stuck in the land of uncertainty, wondering if you didn’t find the drone ball out there or there aren’t any.
The reason I bring this up is that the states, the state laws have criminal penalties and other liability issues, for example, for as well provides for a private right of action for an individual to sue the drone operator, using a drone to gather data for of the Person’s, property.
That was not not it be not able to be seen from on level. So a make sure you check out the local laws. The FAA is not the only we’re, trying to regularly Jones another area of liability. Is the students versus the teachers? Let’s say the student is flowing.
The drone and the teachers are paying attention the student BAM. Now the student injured himself, the teacher or another student, you know now we’re in trouble. What’s, the teacher proficient and instructing, whereas there means to override the students actions near Memphis? Is there insurance covering the teacher of the school of the student third area of liabilities, third party bystanders versus teachers? Now and later you know in the future, this hereby ability can broken down to current liability residual type of liability.
The current type ability of my current type of liability would be the teacher the student versus the third party in the area at the time, maybe a mom jogging with the baby stroller, the mailman, the old guy, walking the dog, the more subtle and dangerous type.
The liabilities, the lingering residual type of liability, that happens when you train many students, if you train a hundred students, that is a hundred reasons flying around to get you sued. If one of them crashes onto someone you can get brought you lawsuit, is a defendant under the idea that you provided negligent instruction to the student, hopefully you will have an insurance policy that will cover this.
This way, myself and other flight instructor stopped instructing altogether, because we don’t want to have this lingering liability. You should also document the living daylights out of all the training you give to students.
This will come in handy later on. If there is a lot of soot, I created a drum operator logbook, which will be helpful for documenting training. Yes, it is a paper log with, but that also means that you want to have battery connectivity, firmware iOS version or set of problems.
So, in conclusion, this is an ever evolving area of the wall. On top of that, it is confusing if you’re setting up a program or currently are running one. You might want to consider working with the aviation attorney to help you navigate this area safely.
Additionally, you might need waivers or authorizations for some of these operations if you’re needing any help from this area contact me. So we can get this program off the ground and storage new heights of success by integrating drones to save time money and lives.
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