FAA Interpretation Allows Some UAS in Accredited Educational Institutions

FAA Interpretation Allows Some UAS in Accredited Educational Institutions

Today the FAA released its interpretation on the use of unmanned aircraft for hobby or recreational purposes at accredited educational institutions and community events under Section 336. The full FAA memo can be accessed here.

In a nutshell, operations may be allowed under Section 336 of the 2012 FAA Reauthorization Act by both faculty and students when flight training of the UAS is not the primary aim, but rather are secondary to the educational objective of the curriculum. If flight training is the primary aim then the faculty member does not come within Section 336’s hobby or recreational use because they would be regularly operating the UAS . The student’s flight of the UAS does appear to be permissible under Section 336.

The FAA gives the example of aviation design and construction in engineering coursework: the UAS operation by the student can be used “to test the validity of design or construction methods to show mastery of the principles of the course”and is permissible under Section 336. Faculty,  since they are being paid, cannot fly the UAS except to the extent they assisting the students in a “de minimis” fashion.

The memo emphasizes that educational institutions may also operate UAS outside of Section 336 by obtaining permission from the FAA by way of three pathways: (1) public aircraft operation and a COA (2) limited commercial operation as type certificated UAS and a COA (3) pursuant to Section 333 and a COA. The FAA memo states that, for example, student or faculty operation of UAS for research purposes does not qualify as hobby or recreational use under Section 336 and therefore one of the above three pathways to FAA authorization must be used.

If your educational institution has questions regarding this FAA Interpretation on the educational use of unmanned aircraft under Section 336 or wish to pursue FAA approval as a public aircraft operation, type certificated UAS, or Section 333 contact Antonelli Law at 312-201-8310, via email at Jeffrey@Antonelli-Law.com  or use the contact form below.   

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Caveat: This article is not legal advice. Your particular factual circumstances and application of the laws and this FAA memo requires legal analysis by a competent attorney.

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