Category Archives: pilot license

Join Me at EAA Oshkosh – Discuss FAA Part 107 & Drones (UAS)

I am very pleased to be speaking at this year’s Oshkosh Airventure 2016 on Tuesday July 26th on FAA Drone Policy Part 107 – the new commercial drone regulations for Part 61 and non Part 61 pilots. While the schedule is changing I am expected to participate in several other related panels as well.

Please join our discussion and bring your questions and opinions on sharing the airspace with drones – unmanned aircraft systems – under the new Part 107!

Tuesday July 26th- FAA Drone Policy Part 107
10:00 AM – 11:15 AM

Expected topics will include:

  • How to Get your Remote Pilot Airman Certificate
  • Operating Rules
  • Part 107 Certificates of Waiver – Beyond Line of Sight (BLOS), Nighttime, Flights Over People

Last year was my first visit to Oshkosh and I was absolutely blown away! Approaching the airfield I witnessed the epic Tora! Tora! Tora! airshow. Then, I spent several hours watching my favorite war-bird since childhood, the P51 Mustang, and ended up meeting a terrifically nice gentleman I only later learned is the famous Jack Roush.

I am very excited to see even more aircraft and people at this year’s show.

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Jeffrey Antonelli, head of the Antonelli Law Drone/UAS Practice Group

Jeffrey Antonelli - Head of Antonelli Law Drone/UAS Practice Group
Jeffrey Antonelli – Head of Antonelli Law Drone/UAS Practice Group

How to Become a Part 107 Pilot – Practical Advice

The FAA is getting better dealing with commercial drones.

The new Part 107 commercial regulations for small unmanned aircraft systems (sUAS), also known as drones, creates a new pilot certificate that does away with the traditional flight school requirement. Part 107 becomes effective on August 29, 2016.

You no longer need to go up in an airplane and learn to fly. Instead, a written knowledge test and a few other details are all that is needed. And if you are already a traditional pilot (“Part 61 airman”) you can simply go through the new FAA online course. Click here for the FAA sample exam for the Unmanned Aircraft General (UAG) knowledge test.

The following comes directly from the FAA and gives you step by step guidance for earning your FAA remote pilot certificate. If you need drone law assistance such as requesting permission to fly at night, or fly beyond line of sight, or business related issues, call Antonelli Law at 312-201-8310 or use the contact form at the bottom of this blog post.

First-Time Pilots

To become a pilot you must:

  • Be at least 16 years old
  • Be able to read, speak, write, and understand English (exceptions may be made if the person is unable to meet one of these requirements for a medical reason, such as hearing impairment)
  • Be in a physical and mental condition to safely operate a small UAS
  • Pass the initial aeronautical knowledge exam at an FAA-approved knowledge testing center

Pilot certificate Requirements

  • Must be easily accessible by the remote pilot during all UAS operations
  • Valid for 2 years – certificate holders must pass a recurrent knowledge test every two years

Application Process

    1. Schedule an appointment with a Knowledge Testing Center (KTC), which administer initial and recurrent FAA knowledge exams
      1. View the list of Knowledge Testing Centers (PDF) to find one near you.
      2. Applicants must bring government-issued photo ID to their test
    2. Pass the initial aeronautical knowledge test – initial knowledge test areas include:
      1. Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation
      2. Airspace classification and operating requirements, and flight restrictions affecting small unmanned aircraft operation
      3. Aviation weather sources and effects of weather on small unmanned aircraft performance
      4. Small unmanned aircraft loading and performance
      5. Emergency procedures
      6. Crew resource management
      7. Radio communication procedures
      8. Determining the performance of small unmanned aircraft
      9. Physiological effects of drugs and alcohol
      10. Aeronautical decision-making and judgment
      11. Airport operations
      12. Maintenance and preflight inspection procedures
    3. Complete FAA Form 8710-13 for a remote pilot certificate (FAA Airman Certificate and/or Rating Application) using the electronic FAA Integrated Airman Certificate and/or Rating Application system (IACRA)*
      1. Register using the FAA IACRA system
      2. Login with username and password
      3. Click on “Start New Application” and 1) Application Type “Pilot”, 2) Certifications “Remote Pilot”, 3) Other Path Information, 4) Start Application
      4. Follow application prompts
      5. When prompted, enter the 17-digit Knowledge Test Exam ID (NOTE: it may take up to 48 hours from the test date for the knowledge test to appear in IACRA)
      6. Sign the application electronically and submit to the Registry for processing.
    4. A confirmation email will be sent when an applicant has completed the TSA security background check. This email will provide instructions for printing a copy of the temporary remote pilot certificate from IACRA.
    5. A permanent remote pilot certificate will be sent via mail once all other FAA-internal processing is complete.

* Applicants who do not wish to complete FAA Form 8710-13 online may choose the paper process. Please note that the processing time will be longer if a paper application is used since it requires in-person approval and signature by a designated pilot examiner (DPE), an airman certification representative (ACR), or an FAA-certificated flight instructor (CFI), and must then be mailed to a Flight Standards District Office (FSDO) for final review and signature. Additionally, a temporary remote pilot certificate will not be provided to the applicant.

Instructions for completing the paper application process may be found in Chapter 6, Section 4 of the Part 107 Advisory Circular.

Existing Pilots – What to Expect

Eligibility:

  • Must hold a pilot certificate issued under 14 CFR part 61
  • Must have completed a flight review within the previous 24 months

Remote Pilot Certificate Requirements

  • Must be easily accessible by the remote pilot during all UAS operations
  • Valid for 2 years – certificate holders must pass either a recurrent online training course OR recurrent knowledge test every two years

Application Process:

  1. Complete the online training course “Part 107 small Unmanned Aircraft Systems (sUAS) ALC-451″ available on the FAA FAASTeam website – initial training course areas include:
    1. Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation
    2. Effects of weather on small unmanned aircraft performance
    3. Small unmanned aircraft loading and performance
    4. Emergency procedures
    5. Crew resource management
    6. Determining the performance of small unmanned aircraft
    7. Maintenance and preflight inspection procedures
  2. Complete FAA Form 8710-13 (FAA Airman Certificate and/or Rating Application for a remote pilot certificate)
    1. Online or by paper (see instructions in previous section)
  3. Validate applicant identity
    1. Contact a FSDO, an FAA-designated pilot examiner (DPE), an airman certification representative (ACR), or an FAA-certificated flight instructor (CFI) to make an appointment.
    2. Present the completed FAA Form 8710-13 along with the online course completion certificate or knowledge test report (as applicable) and proof of a current flight review.
    3. The completed FAA Form 8710-13 application will be signed by the applicant after the FSDO, DPE, ACR, or CFI examines the applicant’s photo identification and verifies the applicant’s identity.
      1. The identification presented must include a photograph of the applicant, the applicant’s signature, and the applicant’s actual residential address (if different from the mailing address). This information may be presented in more than one form of identification.
      2. Acceptable methods of identification include, but are not limited to U.S. drivers’ licenses, government identification cards, passports, and military identification cards (see AC 61-65 Certification: Pilots and Flight and Ground Instructors)
    4. The FAA representative will then sign the application.
  4. An appropriate FSDO representative, a DPE, or an ACR will issue the applicant a temporary airman certificate (a CFI is not authorized to issue a temporary certificate; they can process applications for applicants who do not want a temporary certificate).
  5. A permanent remote pilot certificate will be sent via mail once all other FAA-internal processing is complete.

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Remote Pilot Certification Documents

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How to Evaluate a Drone Law Attorney in 5 Easy Steps *

How to Evaluate a Drone Law Attorney in 5 Easy Steps*

By Jeffrey Antonelli, Antonelli Law

I was recently given some free advice from someone who works with a legacy international company that is a household word. He is also a serial entrepreneur and he gave me some unsolicited, helpful advice.

He told me I should increase my Google ranking by having articles published (outside of this blog) with certain appropriate keywords – like drone lawyer, drone law, UAS – and sprinkle them throughout several times in the content so that search bots “feel” its right. Oh, and to have those articles link back to our law firm website at Antonelli-Law.com. 

I know he is right. That will probably work. During the Great Recession I accepted a dinner-with-a-catch function sponsored by American Family Insurance. That very nice dinner included some helpful hints to writing blog content. One of those pieces of advice was to include a number in the headline like 3 Ways to Catch Your Spouse Cheating, The Top Ten Hollywood Actors Who Have Gotten Fat, or How to Evaluate a Drone Law Attorney in 5 Easy Steps.

One of the things that motivates me personally, a core value if you will, is my authenticity. I have the freedom in my law practice to actually implement authenticity in my practice since it is my own firm. I require it and related behaviors including honesty in everyone I hire and associate with. It is even in the legal contract all my employees must sign to be a part of my firm.

Now that drone law is not new as it was in January 2014 when I launched our drone law practice (March 2014 PR here) there seems to be a lot more competition from other lawyers –  including some I have my doubts about. That is to be expected with something that is often in the news and thought of as a “hot” area like drones .  Some I don’t mind and they should be fine – I see some lawyers who are manned aviation pilots, and that makes sense for drones. But I see others who are clearly in it to make a buck only (my opinion) including copying the motivation that I and a certain much more famous drone lawyer who is no longer in private practice have had – flying RC planes – by using RC planes as props.

I think my passion for flying drones and rc planes and the really intriguing technology that brought me to drone law in 2013 including flight stabilization and fpv will continue to push me to keep learning and be on the cutting edge. I remember watching someone at my flying field with a multirotor perhaps in 2012. How was he controlling each of the motors at one time? That made me eventually learn about flight controllers and their inception at least for the hobby folks, using components from their game consoles and cell phones.

One of my former bosses, who had been a capital partner at a very large law firm, once told me that for lawyers to do a great job it often means putting in a real effort to dig deeply. This might mean checking more legal cases, taking another deposition, and cross-checking testimony from a number of different people. In drone law, I think it means continuing to delve deep into the regulations (proposed and final); maintaining and growing relationships with subject matter experts far and wide in aviation, government, law, and technology; and attending the substantive meetings at conferences where the real experts of technology are talking, not just the fun demonstrations of robots, selfies, and media opportunities.

But it also means going back to what got me started in this field – flying fixed wing rc airplanes. I will never do the incredible things my friend Kevin does here, but it is something I enjoy and it brings together friendship, sunny skies, and flying.

One of the things that drone law will be called upon to answer are the concerns about privacy. I don’t think many law firms throwing their hat into the “drone law” ring will have much to say about it. One thing that I think makes my drone law firm great is my co-counsel Mark Del Bianco. Mark holds the Certified Information Privacy Professional/US designation from the International Association of Privacy Professionals. Mark has been involved with the internet, cloud, telecommunications law and privacy for a long time.

Now that the FAA Reauthorization Act may be requiring  drone manufacturers to obtain software certification and other regulatory approvals, the industry is going to need serious guidance from seasoned, respected professionals. I am pleased to have Douglas Marshall with us. Doug is one of the very top UAS and aviation consultants in the country. He is currently chair of the ASTM F38.02.01 Task Group on Standards for Operations Over People, and serves as a United States delegate to ISO TC 20/SC 16, UAS Subcommittee. We are lucky to have him in our corner.

I think larger fixed-wing UAS is going to be a major area of development, and folks with just general aviation experience aren’t going to cut it.  Federal Express is expressing desire for unmanned cargo jets, and agriculture and energy infrastructure needs high endurance aircraft to survey hundreds – and possibly thousands – of miles of pipeline and towers. That means larger fixed wing, probably in the hundreds to thousands of pounds.  The experience of professional pilots like our Kate Fletcher are going to be the ones in the room that get paid attention to. In addition to being an attorney, Kate has well beyond 10,000 flight hours as a pilot for the world’s largest airline flying the 767, 757, and 737.

Our creative clients like iCam Copters and Richter Studios are tops in their field. It helps me embrace the creative side of myself. Unlike my amateur beginning efforts such as here here here and here, our clients are at the top of their game. Creative professionals need to protect their work with intellectual property including copyright and trademarks, and use appropriate forms for protection like NDAs, Non-Competes, and licensing agreements. Attorney Amelia Niemi is not only learning from me in drone law and assisting with Section 333 petitions, special COAs, and drone related business issues, but she significantly helps the firm when it comes to our IP work. She studied IP at DePaul College of Law’s Center for Intellectual Property which has always been highly ranked nationally. I could have used her help when I was responsible for all the legal work for my first client, an IT company that supported data centers across the US for large clients including Walgreens, Acxiom, and Sallie Mae. I had to learn about NDAs, SHARK drives, storage silos, and a lot of other technology on my own then. I am grateful to offer my clients a great deal more resources today than in 2007.

Like much in business, the drone space is highly competitive with manufacturers releasing new models and new features constantly. New players appear and large players disappear or reinvent themselves.

Sometimes pushing the boundary means finding yourself in trouble with governmental entities. Or having to sue a competitor because they broke the law in order to unfairly compete with you.  I am admitted to the federal trial bar of the Northern District of Illinois (and numerous other federal courts) and litigation was most of my practice until recently. When it comes to fighting in court, I rely on the assistance of my experienced federal litigation associate Melissa Brabender in addition to other resources including our local counsel. In business most people try to stay out of court and one of our jobs as lawyers is to help them do just that. But when it is inevitable, our experience shows we know how to fight. Other lawyers may never have conducted a single trial.  We are looking for great cases challenging local drone laws and other issues as they arise. Our team has deep experience and many years in law and aviation. Due diligence of your lawyer should be a part of your business plan just as checking out potential business partners should be.

Part 107 will be coming out soon. Will it have a new airman certification, a drone pilot license? A written test? Implementation soon or in 6 months? We will find out. When it is published, we will then know what drone law will become in its newest iteration. That is, until the FAA Reauthorization comes out. What will remain the same is my commitment to providing value, honesty, and professional competence to our clients. I could have done a lot of things in business or other fields, but being a lawyer I want to remain being a trusted confidant, zealous advocate, and terrific employer. I also enjoy putting clients together when the synergy is right.

If you have any questions, feel free to contact me at Jeffrey@Antonelli-Law.com or call our client concierge Olivia Fowler at 312-201-8310.

*It looks like I went over 5 steps in How to Evaluate a Drone Law Attorney in 5 Easy Steps. Hopefully I exceeded your expectations in more ways than just the title.

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Drone Democracy Improves With N Number Registration, Lower Price

Antonelli Law is proud to announce its Drone Democracy program now includes one FAA N number registration and a lower Section 333 legal fee of $1,500 for simple uses like residential real estate,  home and roof inspections, and nature photography with certain drones already approved by the FAA like the DJI Phantom 3.

In June Antonelli Law launched  its Drone Democracy Section 333 service as an experiment, to serve people wanting to use drones for simple uses and at a lower legal cost than our traditional Section 333 petition services for GIS, cinematography, oil & gas, mining, engineering, forensics, and other sophisticated uses.

Please note the Pilot License Requirement:

The company or individual running the operation that holds the Section 333 Grant of Exemption does not need to be a licensed pilot, but the person actually flying the drone/UAV must be. The licensed pilot may be a company employee or an independent contractor, as long as the licensed pilot has the UAV competency and other qualifications articulated in the holder’s Section 33 Grant of Exemption.

The FAA currently allows a sport or recreational pilot license (officially called an airman certificate) to operate drones/UAVs under a Section 333 Grant of Exemption. A driver’s license may substitute for a current medical certificate.

Please click here for Drone Democracy.

For GIS, cinematography, oil & gas, mining, engineering, forensics, and other sophisticated uses:

If your company would like assistance filing its own Section 333 petition to fly UAS commercially, contact firm principal Jeffrey Antonelli at 312-201-8310 or fill out the contact form below and we will contact you.

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Jeffrey Antonelli

Note:  None of the information in this website is legal advice.
Please consult an attorney if you have legal questions. This website is attorney advertising.

Recruiting Pilots for Your Section 333 From RC Clubs

Don’t want to become a manned aircraft pilot? Call the RC clubs!

Many traditional radio-controlled aircraft hobby clubs sanctioned by the AMA (Academy of Model Aeronautics) have FAA licensed pilots who love flying remote controlled airplanes and drones. My own club has at least 2 or 3.

Any company can receive a Section 333 Grant of Exemption to fly drones commercially and legally as long as the person actually flying the drone has a pilot’s license. It is perfectly fine for a company to hire outside licensed pilots to fly their drones.

How the RC Clubs Can Get You a Pilot

Simply call or visit the AMA model clubs and ask if any of their members are licensed pilots who might be interested in being hired to fly drones for their company.

Here is a very easy way to find the contact information for all the clubs in your area: Just click and type in your zip code:

http://www.modelaircraft.org/clubsearch.aspx

Scroll down to see a sample search result for the Los Angeles zip code.

If your company would like assistance filing its own Section 333 petition to fly UAS commercially, contact firm principal Jeffrey Antonelli at 312-201-8310 or fill out the contact form below and we will contact you. New 2016 pricing is just $1,500 for most 333s.

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Sample search on AMA website for Los Angeles – over 40 RC clubs to recruit licensed pilots from within just 25 miles of zipcode 90012!

LA BMP

 

 

 

 

 

 

Copyright permission to display site search results obtained from Academy of Model Aeronautics