On June 21st 2016, the FAA released their new set of rules regarding commercial UAS operations, titled 14 CFR Part 107. Among many things, these new rules eliminated the need for what was known as a 333 exemption - a letter from the FAA that basically states that a person or company is exempt from the FAA's previously standing rule which banned using a UAS for compensation or hire.

This 333 exemption was somewhat of a barrier to entry into this business. In order to obtain one, it often cost many thousands of dollars in legal fees. It also required the UAS pilot to have an actual airplane pilot's license. The new rules will require that one become FAA-certified only for small UAS operations, which will involve a course and written test administered by the FAA. This is a really, really good thing because it will now create a standard by which all commercial UAS pilots must meet.

​Everything about these new rules is wonderful. It gives us UAS operators much more freedom and eliminates many of the hassles that we had to deal with before, which involved reporting when and where we were going to fly at least 72 hours in advance, a visual observer, and technically no flights within 500 feet of any non-participating person or structure. These were unreasonable rules, and the FAA corrected them. Well done! (No more exemptions also means no more lawyers trying to make a quick buck on writing up 333 exemptions. One can only wonder how annoyed their customers are feeling now that their $3,000 exemption is now worthless!)

While the rules have changed for the better, one of the potentially negative side effects is that now there is a much lower barrier to entry. Anyone over the age of 16 will now be able to operate drones for hire. Overall, this is a positive thing - but just like anyone can be a "professional photographer," anyone can now buy a drone, setup a website, and immediately start selling their services. 

"Drones" are easy to fly. Manufacturers such as DJI have created products that are so incredibly easy to use that a toddler in an open field will have no problem flying it around. These drones usually have some kind of camera on them, and so it doesn't take much to buy a drone, start flying it around, snap a couple cool pictures, and then think, "Hey, maybe I could start selling these? Maybe someone out there needs me to take photos of their house or event!" 

Brand-new drone photographers who may like to employ the word "professional" are anything but. A "profession" is 'a paid occupation, especially one that involves prolonged training and a formal qualification.' Someone who just bought a drone and now sells their services has not gone through prolonged training. They might have the FAA certification to fly a drone, but there is no FAA certification for camerawork. Imagine a law that required one to pass a class in order to use a digital camera. Just because one can set the ISO on their camera does not mean they are a professional!

These people will lower their prices to attract jobs, diluting the market with amateur work which is likely to cause consumers to burn out. No one will trust any "professional" drone photographers because the last 2 they hired either ripped them off and gave them garbage, or charged them $20 and gave them garbage. No one wins.

Something that should be noted is that unless otherwise arranged, it is common for a drone photographer/videographer to edit their raw files before handing it over. This is an entirely separate skill, but it is still very relevant to this conversation because, again, the ability to buy and fly a stupid-easy drone does not mean one has any skills in editing photos or videos. Digital photos - especially those claiming to be high quality or "professional" - are captured so that they can be edited. They need to be edited because they are what is known as Raw. If one looked through all of the raw versions of the photos on this website, they would look like they were captured on some 2006 flip phone. Anyone claiming to have "professionally" edited a photo in which the grass is nuclear-neon green should be avoided, as should anyone who edits photos in Microsoft Paint. 

These reality of these new rules may or may not affect Southern Oregon Drone. Individuals and organizations around the state have been operating illegally without any kind of license for awhile, and they will continue to do so now that the rules officially allow it. Some of them are true professionals are know what they are doing. Others are downright reckless and provide their clients with shaky, nauseating, and poorly-composed "media" that should have ended up on the trash. Here's to hoping that the market weeds them out.

Do your research. Ask for a list of past clients and testimonials, and definitely be sure to check out previous work. Don't pay $800 for a home on 2 acres, and don't pay $20 for a home on 2 acres either. Ask how long they have been doing this. Ask them if they are insured. Shop around.

One last piece of advice that should be emphasized: you get what you pay for. Someone on craigslist offering to film for $10 an hour is NOT a professional. Anyone who values their time at such low rates is not a professional because anyone who IS a professional realizes they are worth more than that. 

Today, the FAA released a very important and heavily-anticipated set of rules regarding commercial use of UAS. These set of rules are found under 14 CFR, part 107. 

The following text is from the FAA's website regarding 14 CFR part 107:
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The new rules for non-hobbyist small unmanned aircraft (UAS) operations – Part 107 of the Federal Aviation Regulations (PDF) – cover a broad spectrum of commercial uses for drones weighing less than 55 pounds. Here are the highlights of the new rule.

Operating Requirements

The small UAS operator manipulating the controls of a drone should always avoid manned aircraft and never operate in a careless or reckless manner. You must keep your drone within sight. Alternatively, if you use First Person View or similar technology, you must have a visual observer always keep your aircraft within unaided sight (for example, no binoculars). However, even if you use a visual observer, you must still keep your unmanned aircraft close enough to be able to see it if something unexpected happens.  Neither you nor a visual observer can be responsible for more than one unmanned aircraft operation at a time.
You can fly during daylight or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Minimum weather visibility is three miles from your control station. The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. The maximum speed is 100 mph (87 knots).

You can’t fly a small UAS over anyone who is not directly participating in the operation, not under a covered structure, or not inside a covered stationary vehicle. No operations from a moving vehicle are allowed unless you are flying over a sparsely populated area.

Operations in Class G airspace are allowed without air traffic control permission. Operations in Class B, C, D and E airspace need ATC approval. See Chapter 14 in the Pilot's Handbook (PDF).

You can carry an external load if it is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft. You also may transport property for compensation or hire within state boundaries provided the drone – including its attached systems, payload and cargo – weighs less than 55 pounds total and you obey the other flight rules. (Some exceptions apply to Hawaii and the District of Columbia. These are spelled out in Part 107.)

You can request a waiver of most operational restrictions if you can show that your proposed operation can be conducted safely under a waiver. The FAA will make an online portal available to apply for such waivers.

Pilot Certification
To operate the controls of a small UAS under Part 107, you need a remote pilot airman certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate
You must be at least 16 years old to qualify for a remote pilot certificate, and you can obtain it in one of two ways:

• You may pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center.
• If you already have a Part 61 pilot certificate, other than a student pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online training course provided by the FAA.

If you have a non-student pilot Part 61 certificate, you will immediately receive a temporary remote pilot certificate when you apply for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of a security background check. We anticipate we will be able to issue temporary certificates within 10 business days after receiving a completed application.

UAS Certification

You are responsible for ensuring a drone is safe before flying, but the FAA does not require small UAS to comply with current agency airworthiness standards or obtain aircraft certification.Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning properly.  This includes checking the communications link between the control station and the UAS. The UAS must also be registered.

Respecting Privacy

Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.
As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.  

Other Requirements
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If you are acting as pilot in command, you have to comply with several other provisions of the rule:

• You must make your drone available to the FAA for inspection or testing on request, and you must provide any associated records required to be kept under the rule.
• You must report to the FAA within 10 days any operation that results in serious injury, loss of consciousness, or property damage (to property other than the UAS) of at least $500.

Download the PDF of the new rules below: