Dawn of the Drone: An Aerial Video and Photo Primer

Other Tips for Successful Aerial Filming

After you’ve been flying all day, it’s not unusual to remember to replace the drone battery for the next flight. But don’t forget that your radio transmitter, iPad, monitor, video receiver, and so on all use battery power as well, and will need to be charged after periods of consistent use. I recommend bringing a small portable generator with you on all-day shoots so that you can recharge as necessary. In particular, as the battery in your radio transmitter gets low, the range will decrease, and at some point you may lose control of your drone as it goes into a failsafe mode and lands unexpectedly.

It doesn’t hurt to have an additional crewmember on set with you acting as a safety officer to address security concerns, talk with any regulatory officials, enforce a no-pedestrian-zone around your takeoff and landing area, and of course, field all of those scientific questions onlookers will ask such as “How high will it fly?”, “Did you build it yourself?”, “How much does it cost?”, “Is there a camera onboard?”, and “How far will it fly?”

While many manufactures make it relatively easy to open the box and get your drone in the air, the day will come when you’ll want to modify, upgrade, or move in the DIY direction, and it will be imperative that you understand the technologies involved so that you can make responsible, informed decisions as you move forward. When you start to mount larger-format cameras with more complex gimbals, you will once again find the help of an experienced aerial video mentor invaluable. I recommend seeking out educational opportunities with experienced modelers with a video production background.

Among other things, they will probably be able to help you find a reputable insurance company that specializes in liability coverage for your aerial operation. It’s easy to imagine the liability at stake with a flying machine and the ramifications of a mishap involving people and property. I urge you to check with your current provider to see what, if any, coverage you currently have. In many cases, your coverage will not include your drone, but only liability. Your camera will be covered under your business policy in most cases.

Legal Issues

So you have your drone, your gimbal, and your camera. You’ve seen the hyperbolic and conflicting reports on drone legality and regulation flying around the internet, and the burning question in your mind is, can I legally operate my aircraft?

The current FAA policy for sUA operations is that no person may operate an sUA in the National Airspace System without specific authority. For sUA operating as public-use aircraft, the authority is the certificate of authorization (COA). For sUA operating as civil-use aircraft, the authority is special airworthiness certificates; for model aircraft, the authority is AC 91-57.

A public aircraft is one being operated by public entities such as the Department of Defense, customs, border protection, local law enforcement agencies, and so on. A civil aircraft is one used by a company, organization, or private individual for purposes other than hobby and recreation purposes. Finally, a model aircraft is one used strictly for hobby and recreation purposes.

The FAA guidance for a COA supports unmanned flight activity that can be conducted at an acceptable level of safety. The operator is required to establish this acceptable level of safety by meeting certain metrics, establishing a set of standards, and ensuring that the aircraft will be operated by appropriately licensed pilots.

Unfortunately, for civil-use aircraft, it’s virtually impossible to receive a special airworthiness certificate that will allow commercial operations. This is the sticking point and why we are in need of a “small rule” for small UAs. There is, however, an exemption process (section 333) that may provide some users with the authorization to operate civil aircraft for commercial purposes. This section 333 exemption is how a number of motion picture companies are able to conduct business within the National Airspace system. The process of obtaining the 333 exemption is similar in nature to the process for obtaining a COA in the public sector. It’s a tedious process, but one that may provide you with a means to operate commercially until a rule designed for sUAs appears.

AC 91-57 is an FAA Advisory Circular which has been around since 1981, most recently updated in 2007. This advisory sets forth the rules and guidelines for model aircraft operation. Many who are operating for commercial purposes incorrectly reference AC 91-57 as an authorization to operate. It applies only to model aircraft being operated solely for hobby or recreational purposes.

It’s important to have some backstory about how we arrived at this point in the evolution of aerial video with no clearly defined regulatory structure for the operation of sUA. While multi-rotor drone aircraft can be traced back to 1999, it wasn’t until 2010 that the sUA platform started to become readily available to the mainstream marketplace through affordable pricing.

In 2012, Congress passed into law what’s known as the FAA Modernization and Reform Act of 2012. They realized the positive economic impact that the unmanned aviation market could create. They included direction in this law requiring that the Secretary of Transportation develop a plan to accelerate the safe integration of civil unmanned aircraft systems (sUASes, or drones) into the National Airspace System (NAS) by September 15, 2015. Of particular interest to us is the mandate that prohibits the FAA Administrator from promulgating rules or regulations on model aircraft flown strictly for hobby or recreational purposes and meeting certain other criteria. Essentially, the FAA has been tasked with authoring a set of new rules and regulations that govern the commercial operation of unmanned aircraft within the NAS.

The plan is to roll out these regulations in stages, with the first one being what is known as the “small unmanned aircraft” rule. The FAA Modernization and Reform Act of 2012 has defined an sUA as an aircraft weighing under 55 lbs. at takeoff. In most cases, this encompasses our fleet of video and photo drones. In late 2014, the FAA received a positive ruling from the courts supporting their interpretation that even model aircraft fall under the definition of the term “aircraft,” and since there is no “small rule” yet in place, the FAA has little choice in the interim but to shoehorn our drones into the same set of rules that are currently in place for manned aircraft.

So, can you legally fly your drone or not? The answer is … it depends. If you want to fly your drone only for hobby and recreation, by all means, continue, with the understanding that if you are found to be negligent, unsafe, careless, and reckless that you may be subject to action by the FAA. This alone should be a good reason to become an AMA member and learn from those who have decades of experience. As for those of you wish to charge for your services, and not just fly for hobby and recreation, that would constitute a civil operation and would currently require you to have a section 333 exemption. So, in most cases where you’re not operating for hobby or recreation, the answer, according to the FAA policy statement, would be no. The FAA has been ridiculed by users, Congress, and in some cases even those in the FAA for the lengthy extensions they have implemented.

For some time, sUA operators have awaited the promised release of a On February 15, the FAA released its long-awaited Notice of Proposed Rule Making (NPRM), a requirement of the Administrative Procedures Act (APA) that the FAA is legally obligated to follow. The NPRM for small unmanned aircraft will provide the public with a view into what the FAA is proposing as regulation. This NPRM is open for public comment for a period of time, usually 60 days. The FAA will then consider all of the comments and make changes if needed and subsequently publish the new regulations.

The NPRM released on February 15 outlines what the FAA feel should be the framework of what will be known as 14 CFR PART 107 – Small Unmanned Aircraft Systems. The following is a summary of the major provisions of the proposed Part 107:

• Unmanned aircraft must weigh less than 55lbs
• Operations limited to Visual Line of Sight (VLOS)
• No operations over persons not directly involved in the operation
• Daylight-only operations (official sunrise to official sunset)
• Maximum airspeed of 100mph
• Maximum altitude of 500 feet above ground level
• Minimum weather visibility of three miles from control station location
• Operations only in Class G airspace without ATC permission
• No careless or reckless operations
• Pre-flight inspection by the operator required prior to each flight
• No medical requirement except to be free from any physical or mental condition that would interfere with the safe operation of a sUAs
• Pilots to be referred to as operators and would be required to:
• Have minimum age of 17
• Pass an initial aeronautical knowledge test and be vetted by the TSA
• Obtain an unmanned aircraft operator certificate with sUAS rating
• Pass a recurrent aeronautical knowledge test every 24 months
• Maintain sUAS in condition for safe operation – no required airworthiness certificate
• Aircraft registered and displaying markings in largest practicable manner.

These are just a quick over view of the highlights of the NPRM, which is a 195-page document that you would be well advised to review. You can find the NPRM here.

If you have not provided your comments to the FAA, then I would urge you go to http://www.regulations.gov/, reference docket number
FAA-2015-0150, and follow the instructions for commenting.

No Shortcut to Coolness

As I come to a close, I would like to reiterate just how cool this drone video and photography thing truly is. As storytellers, this new tool adds an entirely different way to communicate with our audiences. New perspectives, fresh movement, and the ability to see what has not been seen before are all within our grasp.

Don’t let the cool factor of aerial video and photography convince you to skip over the fundamentals of sound and legal operation.

That said, it’s incumbent upon us all to realize that we are the newcomer to an already mature aviation community with clear-cut rules and procedures in place. Don’t operate above 400 feet, or any further away than you can see your drone to monitor its flight with your eyes. Don’t operate anywhere near manned aircraft or directly over people. Seek the guidance and tutelage of experience from a credible educational source that has been around for many years. Become a member of the AMA and stay informed of the changes.

Learn what you need to know before you fly, and fly safe!

Scott Strimple is presenting an all-day workshop, "Pre-Flight Drone Training: Best Practices for Aerial Video," on May 11, 2015 at Streaming Media 2015. Details available here!

Trailer: All-Day Aerial Video Workshop with Scott Strimple on May 11 at Streaming Media East in NYC