What You Need to Know about the FAA’s Proposed Small UAS Rules

On February 15, 2015, the Federal Aviation Administration released an outline of proposed rules for the regulation of small unmanned aircraft systems (sUAS).  These proposed rules cover UAS weighing under 55 pounds that are operated for non-recreational purposes.  The rules focus on minimizing risk to people, property and aircraft by requiring that (i) the operation of UAS occur only during daylight hours within visual-line-of-sight , (ii) the UAS operator must be at least 17 years old, pass an aeronautical knowledge test and obtain an FAA UAS operator certificate (certification to be renewed every 24 months but no further private pilot certification required), (iii) the UAS operator must avoid manned aircraft and actively avoid any potential risk of collision, (iv) operation must be in a manner that would not pose a hazard to other aircraft, people or property, (v) the UAS operator must assess weather conditions, airspace restrictions and the location of people to lessen risks of operation, (vi) the UAS may not fly over people with the exception those directly involved in the operation and (vii) the UAS may not fly above 500 feet altitude, no faster than 100 mph and must stay away from airport flight paths and restricted airspace.  The rules also prohibit UAS operation in a careless or reckless manner as well as dropping any object from the UAS.

The proposed rules remain available for public comment until April 24, 2015 online at www.regulations.gov.  The FAA requested feedback on a number of areas including whether there should be separate rules for UAS weighing under 4.4 pounds.  The final rules aren’t anticipated to be promulgated for another year or two and the FAA continues to authorize commercial use of UAS on a case-by-case basis by approving applications for Section 333 exemptions or issuing a Certificate of Authorization.  The proposed rules do not apply to or revise current regulations related to UAS used for recreational purposes or model aircraft. A fact sheet covering the proposed rules can be found here, and a summary of the rules can be read here.

Related Attorneys