Proposed rules for legal drone use aren’t as stringent as the Federal Aviation Administration’s (FAA) current rules, according to West Palm Beach-based attorney Jonathan Rupprecht.

For now, approval for drone use requires various exemptions and waivers, and a licensed pilot to operate the device. Compliance costs are burdensome, with pilots obliged to undergo a third-class medical exam, procure a private pilot’s license and file a notice to airman before flight.

Rupprecht says that the regulations proposed Sunday make it easier. Drone operators won’t need a medical certificate, can be as young as 17, and do not need a visual observer. However, the formal rulemaking process began in 2009 – and won’t be finalized for at least another couple years, Rupprecht predicts.

During that time, the old rules still apply, and “we don’t even know if the future regulations will resemble these,” he adds.

“Until the final rule is published, the National Association of Realtors® (NAR) discourages Realtors from using (drone) photography or video for commercial purposes without an FAA exemption,” says NAR president Chris Polychron.

NAR supports the FAA rules generally because it will allow drone photography use in the real estate industry, but Polychron says it plans to “submit comments to the (FAA) and will continue to work with our members to educate them about the future safe, responsible and legal uses of (drones).”

The proposed rules

FAA’s proposal covers commercial-use of UAVs weighing up to 55 pounds. The agency is considering additional rules to cover “microdrones” that weigh less than 4.4 pounds.
Commercial drones would not be permitted to fly higher than 500 feet, exceed 100 miles per hour, or fly at night. All flights must be within the visual line of sight of the person operating the drone. No objects could be dropped from the drone.
The drone must be registered and have certain aircraft markings on it.
Operators of the commercial drones would be required to pass an aeronautical knowledge test and be issued a permit, which must be renewed every two years. The certification would cost about $300. Operators also would be subjected to a Transportation Security Administration (TSA) background check.
Operators must report any accident that results in injury or property damage to the FAA within 10 days.
The proposal also contains several guidelines over the safe operation of UAVs, aimed at avoiding risk of collision and identifying safe conditions for flight.

Source: Palm Beach Post