Drones have been a hot topic in real estate over the last few years. Whether you think they are creepy or can’t wait to get your hands on one, you should know that the rules of the game just changed. A couple of years ago, the Federal Aviation Administration (FAA) announced that model aircraft could only be used for hobby or recreational purposes. Capturing aerial footage by drones did not qualify, so REALTORS® technically were not supposed to use drones for this purpose. Fast forward to 2016, and those rules are changing.
On June 21, the FAA finalized its first set of operational rules regarding the use of small unmanned aircraft systems (UAS,) which are more commonly known as drones. The new rule will become effective in late August, but it only applies to “small” UAS, or those weighing less than 55 lbs.
The new rules specify what qualifications you must have in order to operate a drone. Before you take the controller into your own hands, make sure you have met this criteria:
- You have a remote pilot certificate with a “small UAS” rating or be under the direct supervision of someone who has one. The total cost is about $150.
- You can get the certificate by passing an initial aeronautical knowledge test at an FAA approved testing center or, if you already have a part 61 pilot certificate (not a student pilot certificate,) you must have completed a flight review in the previous two years, as well as take a small UAS online training course provided by the FAA.
- You have ensured that the UAS complies with existing registration requirements.
Once you are able to fly a drone, make sure you abide by the following rules:
- The drone must be kept within an unaided visual line of sight (no binoculars) under conditions where there is a minimum visibility of three miles.
- You can only fly during daylight hours.
- The maximum height your drone can fly is 400 feet above ground, although you may fly it higher if you are above or within 400 feet of a structure.
- The drone cannot exceed 100 mph.
- Do not fly the drone over anyone who is not directly participating in the operations if he or she is not under a covered structure.
- You generally cannot operate a drone from a moving vehicle.
It is also important to ensure that your drone is safe before flying. Make sure that you are well educated and are using your drone in a safe, responsible, and ethical matter. And if any drone operation results in a serious injury, loss of consciousness, or property damage of $500 or more, make sure to report to the FAA within 10 days of the incident.
The final rule on this topic is some 624 pages long so there is a lot more to know and understand. To ensure you are keeping it legal when it comes to drone usage, learn more about the new rule regarding small UAS by watching our latest Legal Line video here