Guide to Flying Drones Safely and Legally this Holiday Season

The recent hysteria over “alleged” drone sightings in the United States will likely make giving or getting a drone as a gift this holiday season even more complicated.?

The holidays are upon us, and for many, that means a flurry of exciting gifts. This year, drones are likely to be a popular choice, offering a unique perspective on the world and hours of entertainment.

However, before you take to the skies, it's crucial to understand the rules and regulations set forth by the Federal Aviation Administration (FAA).

In addition to the thousands of reported drone sightings the majority attributed to general aviation, legal flights, shooting stars, satellites and Venus. The rapid growth and inexpensive availability of drones may have left the general public unaware of the soaring number of legitimate drones in the sky.?

Most drones are fairly easy to fly these days. What is not easy to master are the myriad of federal and state rules that are put into place to protect all flights in the sky--general aviation, military, police, medivac and transport operations.?

Just because drones look and fly as electronic devices does not mean they cannot be impacted by weather, wifi interference, radio frequency (RF), wildlife or vandalism. Operating a car on a federal highway requires training, practice and passing a test. Somehow, drones look fun and cute and most do not see the risk and liability in them.?

It’s pretty important to know the airspace classification you are flying in as it represents the complexity of the flight paths and proximity to large amounts of air traffic.?

Local, state and national leaders have recently appeared on national television programs and provided inaccuracies on drone regulations.

If leaders and some members of law enforcement are not clear on drone regulations...chances are good your slightly nutty neighbor will also be in the dark on drone regulations.

As long as a drone takes off and lands from public property and operates safely and legally in the national airspace, your drone is likely to have the same rights as a Delta flight or other aircraft in the air.

Some states may have enacted privacy regulations. A recent federal court ruling revealed that being outside does not provide a presumption of privacy. (Check local and state laws).

Here are the basics every drone operator needs to know to stay in compliance with regulations and therefore qualify for certain liability insurance.?

1. The Federal Aviation Administration controls and regulates the national airspace system.?
2. The FAA has federal authority that cannot be “preempted” by states or localities under the U.S. Constitution.
3. Some localities can control land-use issues and block take off and landing like is done in New York City without a permit from the NYPD.?
4. The FAA considers drones (even the ones that you get at Walmart, Amazon and Best Buy) to be an “aircraft” since it operates in the national airspace system.
5. All drone frights are considered to be “commercial flights” that require an FAA part 107 certification to fly for commercial purposes unless they meet nine standards to qualify as a hobby or recreational flight.
6. The FAA requires all hobby and recreational drone operators to pass the TRUST test.?
7. The FAA fined non-compliant drones over $300,000 in the first six months of 2024.??

Understanding the FAA's Drone Regulations:

The FAA classifies drones as "unmanned aircraft systems" (UAS). Operating a drone responsibly involves adhering to a set of guidelines:

• Registration: Most drones weighing over 0.55 pounds (250 grams) must be registered with the FAA. This is a simple online process that assigns you a unique registration number.
• Remote Pilot Certificate: If you plan to use your drone for commercial purposes (like aerial photography for business), you'll need to obtain a Remote Pilot Certificate. This requires passing an aeronautical knowledge test.
• "See and Avoid" Rule: Pilots are responsible for maintaining visual observation of their drone at all times and avoiding any potential collisions with other aircraft, people, and obstacles.
• Flight Restrictions: The FAA can and does issue temporary flight restrictions (TFRs) that ground drone operations within a certain radius of critical infrastructure, VIP movement or natural disasters.

Tips for Responsible Drone Operation:

• Read the Manual: Familiarize yourself with the specific features and limitations of your drone model.
• Don't drink and fly: The FAA has a phrase (8-hours from bottle to throttle) that applies to general aviation and drone operations.
• Check Local Laws: Some cities and towns may have additional restrictions on drone operation.
• Fly Responsibly: Be mindful of your surroundings and respect the privacy of others. Think ahead and try to reduce risks by being completely aware of surroundings, airspace restrictions and classifications.
• Join a Local Drone Club or the AMA: Connect with other drone enthusiasts and learn from experienced pilots.
• Stay Informed: The FAA regularly updates its regulations. Stay informed about the latest rules and guidelines.

The Benefits of Drone Regulations:

While these regulations may seem restrictive, they are essential for ensuring the safe and responsible operation of drones. By following these guidelines, you can help prevent accidents and protect yourself and others from harm.

Following some of the above steps can prevent drones under the Christmas Tree from ending up in a tree outside in a matter of minutes.?

Conclusion:

There are many questions asked on Facebook whether it's okay to fly with temperatures in the teens. Some may reply they have done it successfully or “just send it” but not truly understanding the capabilities and risks of drone flights could lead to legal or liability issues.?

Drones offer a fantastic opportunity to explore the world from a new perspective. By understanding and adhering to the FAA's regulations, you can enjoy your new hobby while ensuring safety and compliance. Remember, responsible drone operation is not only about following the rules but also about being a conscientious and considerate member of the aviation community.

The above is not meant to be legal advice.?

Roger Rosenbaum is an award-winning FAA-part 107 certified drone pilot who donates his time as a volunteer drone pro with the FAA Safety Team (FAAST).?

He has commercially flown for NBC's Today Show, Fox History Channel, Fortis, Central Hudson Gas and Electric and LPGas Magazine just to name a few.