Develop Unmanned Aerial Systems Program

Unmanned Aircraft Systems Operation Suggestions

The use of Unmanned Aircraft Systems (UAS), also referred to as drones, has increased nationwide as regulations regarding who can operate these systems have rapidly changed. Emergency Service Organizations (ESOs) are more frequently utilizing this technology for various applications, including hazard assessment and wildfire control. While these tools can be a vital asset to public service activities for ESOs, there are also compliance requirements and inherent risks associated with UAS operations. 

All ESOs including fire departments and EMS departments are required to receive clearance from the Federal Aviation Administration (FAA) under 14 CFR Part 107 to operate a UAS or a drone based on the fact that these activities are considered commercial/public entity UAS operations. Current regulations allow for system operators for commercial use to pass a test and become a certified pilot.

Non-Public Entity Flight Certification Process:
You must obtain a Remote Pilot Certificate from the FAA to fly your drone under the FAA’s Small UAS Rule (Part 107). To obtain a Remote Pilot Certificate, first-time pilots must meet the following eligibility requirements (Federal Aviation Administration, 2016).

1. Must be 16 years of age
2. Be able to read, speak, write, and understand English
3. Be in a physical and mental condition to safely fly a drone
4. Pass the initial aeronautical knowledge exam
5. Must pass TSA Security Background Check

Public Entity Flight Certification Process:
Government entities or organizations (e.g., law enforcement agencies, public universities, state governments, and local municipalities) have two options for obtaining permission for flying UAS (FAA, 2016).

1.. Fly under the small UAS rule – Follow all rules under 14 CFR Part 107, including aircraft and pilot requirements (14 CFR Part 107 rules listed under the Non-Public Entity Process discussed above).

OR

2. Obtain a blanket public Certificate of Waiver or Authorization (COA) – permits nationwide flights in Class G airspace at or below 400 feet, self-certification of the UAS pilot, and the option to obtain emergency COAs (e-COAs) under special circumstances. (14 CFR Part 107) – Note: COAs are typically valid for two years. 

A sample COA application can be found at the following link: COA Sample Application. Contact 9-AJV-115-UASCOA@faa.gov to learn more about public COAs.

Differences between Part 107 and COA Authorization:
Part 107 authorization licenses the individual that completes the exam and certification process. Furthermore, Part 107 places responsibility on the licensed individual because they are the pilot certified to fly, not the agency. The certificate is valid for two years and requires a retest to re-certify. On the other hand, a COA authorization is issued to the agency, not a specific pilot. The FAA grants the agency the privilege to self-certify and train pilots, as long as the agency meets the FAA’s requirements during the application process.

VFIS recommends all UAS operators obtain their Remote Pilot Airman Certification from the Federal Aviation Administration regardless of Public Entity or Non-Public Entity status.

There are several topics to address when considering a UAS:

• How many drones will be in the fleet?
• How many drone operators will be allowed to use the equipment?
• Have adequate training procedures been established for operator certification?
• What will the drones be used for?
• Have the applicable state and federal regulations been reviewed?
• Have department operational guidelines that meet the applicable regulations been established?
• Are registration, flight, and maintenance records for the aircraft in compliance with NFPA 2400 Standard for Small Unmanned
Aircraft Systems and 14 CFR Part 107?
• Who will maintain these records?
• Has the mission of the aircraft been defined in the operation records?

Areas of Concern & Hazards:
• Wind, rain, and other weather restrictions for drone use
• Powerline proximity policies
• Privacy policies and guidelines in accordance with FAA requirements
• Battery charging, inspection, and maintenance programs
• Data protection of drone footage

Drone Registration Requirements:
The Federal Aviation Administration requires all owners of UASs or drones weighing between 0.55 and 55 pounds to register online before flying. Failure to register an aircraft can result in civil penalties up to $27,500 (FAA, 2016). Criminal penalties for failure to register can include fines of up to $250,000 under 18 U.S.C. 3571 and/or imprisonment up to three years under 18 U.S.C. 3581 (b)(5).

Rules for Operation:
FAA restrictions not only apply to commercial applications such as ESO  drone operations. Separate FAA regulations apply to recreational use of UAS as well. If members or the public are allowed to operate their personal drone from department property, there are FAA requirements in place regarding when and where the drones can fly as well as registration requirements based on the weight of the aircraft and operating rules. These requirements can be found on the FAA’s UAS website.

Waivers to Certain Small UAS Operating Rules:
If you want to operate a UAS for commercial purposes outside of the Operating Rules listed above, you may apply for a Certificate of Waiver. The FAA may grant waivers if the operation can be performed safely but may otherwise not be allowed under Part 107. The Small UAS rule (14 CFR Part 107) includes the option to apply for a Certificate of Waiver, which allows for a small UAS operation to deviate from certain operating rules if the FAA finds that the proposed operation can be performed safely

Note: A waiver must be obtained for deviation from each UAS Operating Rule. There is no blanket waiver provided that allows deviation
from all Operating Rules listed below.

• Waivable sections of Part 107
• Operation from a moving vehicle or aircraft (§ 107.25) **
• Daylight operation (§ 107.29)
• Visual line of sight aircraft operation (§ 107.31) **
• Visual observer (§ 107.33)
• Operation of multiple small unmanned aircraft systems (§ 107.35)
• Yielding the right of way (§ 107.37(a))
• Operation over people (§ 107.39)
• Operation in certain airspace (§ 107.41)
• Operating limitations for small unmanned aircraft (§ 107.51)

**No waiver of this provision will be issued to allow the carriage of the property of another by aircraft for compensation or hire.

Applicants should submit their waiver requests to the FAA as early as possible. Processing time depends on the complexity of the request; however, the FAA strives to respond within 90 days. Certificates of Waiver may include specific special provisions designed to ensure that the small UAS operation provides an equivalent level of safety as Part 107.

Note:

VFIS does not recommend developing a UAS program based on the flight capabilities of a drone already purchased. For ESOs already using drones, VFIS recommends they review their current UAS program to ensure it meets the current best practices and regulatory requirements.

DISCLAIMER: This is a sample guideline furnished to you by VFIS. Your organization should review this guideline and make the necessary modifications to meet your organization’s needs. The intent of this guideline is to assist you in reducing exposure to the risk of injury, harm, or damage to personnel, property, and the general public. For additional information on this topic, contact your VFIS Risk Control Representative at (800) 233-1957.

Available Resources

• UAS Program Development and Implementation