In Case You Missed Our Live Webinar – Everything You Need To Know About The New UAS Rules

Fox Rothschild LLP

Fox Rothschild LLP

We would like to thank everyone who was able to join us for the live presentation of the latest Aviation Webinar Series, “Remote Identification of Unmanned Aircraft and Flight Over People – The Final Rules.”

We are gratified by the huge turnout and positive feedback we have received.  There were several questions from the audience that we could not address due to the time constraints.  As promised, we provide answers to those questions below.

For those of you who may have missed the live presentation, you can view it in its entirety by clicking on the link below.

Q.     With regard to the remote ID requirement, “If someone buys a UAV and is operating in their home (not the national airspace system), the user still can’t disable the system? So, you must broadcast publically that you are operating a UAV in your house?”

A .    The FAA stated as follows on this issue:

The FAA regulates the navigable airspace of the United States. Therefore, this rule does not apply to unmanned aircraft operations conducted entirely indoors, underground, or inside an enclosed space such as a netted enclosure.

While the remote identification operating requirements do not apply to unmanned aircraft operating indoors, certain design requirements for unmanned aircraft with remote identification, especially standard remote identification unmanned aircraft, may create operational challenges in these environments. For example, standard remote identification unmanned aircraft will not take off unless broadcasting the remote identification message elements. Depending on the particular design, some unmanned aircraft with remote identification may not be able to operate if they cannot broadcast the unmanned aircraft position because GPS is not available. Operators of unmanned aircraft intended to be used both indoors and outdoors should understand how their unmanned aircraft will perform when services like GPS may be unavailable.

Based on this, no UAS is required to broadcast a signal indoors.  However, Standard Remote ID aircraft are designed and built in a way that they must broadcast while in operation.  As a result, for indoor operations, the only way to keep a UA from broadcasting is to use an aircraft designed specifically for indoor use or one which uses a Remote ID broadcast module, which is not integrated into the aircraft and can be disabled.

Q.  What about government research, will there be waivers or anything we can do to avoid remote id requirements?

A.  Yes. The Remote ID rules do not apply to “Unmanned aircraft of the United States Government.”  In addition, pursuant to § 89.120, the Administrator may authorize operations without remote identification where the operation is solely for the purpose of aeronautical research or to show compliance with regulations.

Q.   For the new rules regarding operation of UAS over moving vehicles, does it apply to trains?

A.    Yes. The FAA states:

For the purpose of this rule, the Agency considers a vehicle to be any means of transportation, regardless of whether it is motorized. For example, cars, trucks, buses, trains, motorcycles, scooters, and rollercoasters are all vehicles. In addition, non-motorized means of transportation such as bicycles would also be considered vehicles because they have the potential to move at speeds the Agency did not contemplate when establishing the requirements for operations over people. Watercraft such as sightseeing vessels, motorboats, and personal watercraft are also vehicles for the purpose of this rule.

Q.    For the flight over people rule, is there a kinetic energy transfer requirement that must be met for the new Category 4 aircraft?

A.        No.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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