1. Drones in the Workplace
Gregory J. Lestini, Partner Bricker & Eckler LLP
JULY 2016

2. Major Areas of Focus 1. Regulation 2. Liabilities 3. Opportunities
JULY 2016

3. History Balloons Kites “Kettering Bug” JULY 2016
Copyright: Air & Space Magazine
Available at:
JULY 2016

4. History FAA Authority “Air-Rights” JULY 2016
Available at:
JULY 2016

5. Alphabet Soup (with Numbers!)
Definitions
Alphabet Soup (with Numbers!)
FAA
UAS
COA
UAV
NAS VO
PIC
333 UA
107
FAA.
COA. – Certificate of Authority
NAS – National Airspace System
PIC – Person in Command
UA. – Unmanned Aircraft
UAS. – Unmanned Aircraft Systems
UAV. – Unmanned Aircraft Vehicles
VO. – Visual Observer
333. – Overarching code section (Airworthiness)
107. – New section (effective August 9)
Via:
JULY 2016

6. Major Areas of Focus Hobbyists Registration Licensure Regulation
JULY 2016

7. Regulation Register Label >13 y/o Inspect Safety Guidelines
Hobbyist
Register
Label
>13 y/o
Inspect
Safety Guidelines
Registration: More than 0.55 lbs, less than 55lbs
Safety Guidelines:
Fly at or below 400 feet
Keep your UAS within sight
Never fly near other aircraft, especially near airports
Never fly over groups of people
Never fly over stadiums or sports events
Never fly near emergency response efforts such as fires
Never fly under the influence
Be aware of airspace requirements
Available at:
JULY 2016

8. Regulation Register Label >16 y/o Pilot TSA tested Inspect
Small UAS - Commercial
Register
Label
>16 y/o
Pilot TSA tested
Inspect
JULY 2016

9. Regulation Line of Sight Daytime Not over people 100 mph 400 ft
Small UAS - Commercial
Line of Sight
Daytime
Not over people
100 mph
400 ft
Class G airspace*
Must keep the aircraft in sight (visual line-of-sight)*
Must fly under 400 feet*
Must fly during the day*
Must fly at or below 100 mph*
Must yield right of way to manned aircraft*
Must NOT fly over people*
Must NOT fly from a moving vehicle*
JULY 2016

10. Certificate of Waiver (COA)
Regulation
Certificate of Waiver (COA)
Exempts most small UAS requirements.
Pilot certification.
Registration.
Certificate of Waiver. Part 107 includes the option to apply for a Certificate of Waiver
(CoW). This CoW will allow an sUAS operation to deviate from certain provisions of
part 107 if the Administrator finds that the proposed operation can be safely conducted
under the terms of that CoW.
Complete description of the proposed operation and a justification, including supporting data and documentation (as necessary), that establishes that the proposed operation can safely be conducted under the terms of a CoW.
JULY 2016

11. Regulation Over 55lbs. Pilot certification. Registration
Large UAVs
Over 55lbs.
Pilot certification.
Registration
Section 333 exemption.
“The Section 333 Exemption process provides operators who wish to pursue safe and legal entry into the NAS a competitive advantage in the UAS marketplace, thus discouraging illegal operations and improving safety.” -
Airworthiness exemption (aircraft)
Blanket COA
Can go beyond the blanket COA but must apply separately.
JULY 2016

12. Major Areas of Focus
Liabilities
Injury
Privacy
Other?
JULY 2016

13. Liabilities Persons Property Transfer of liability Injury JULY 2016
Damage to the UAS
Regulatory liability: does the policy cover unauthorized use?
Trespass and Privacy: Next slide
Cyber: Collection, storage and transmission of data
Personal/Property
- Transfer of Liability: What if the pilot is making manuvers to comply with law, but ends up causing damage?
Available at:
JULY 2016

14. Liabilities Expectation Navigable airspace Government intrusion
Privacy
Expectation
Navigable airspace
Government intrusion
Is there any expectation
Navigable: CA law says any drone piloted below the navigable airspace…but is there anything below the navigable airspace. FAA says no.
Government intrusion – will be subject to all normal constitutional protections, until otherwise decided (plain sight?)
Via:
JULY 2016

15. Major Areas of Focus
Liabilities
JULY 2016

16. Major Areas of Focus Military Innovation Private Sector Public Sector
Opportunities
Military
Innovation
Private Sector
Public Sector
Education
JULY 2016

17. Opportunities Safety Humanitarian Innovation Military/Innovation
Via:
JULY 2016

18. Opportunities Delivery of goods Private Sector JULY 2016
7 – eleven testing
Amazon has been testing for a few years.
Line-of-sight is problematic;
All requirements are waivable, but will they be allowed?
JULY 2016

19. Opportunities Private Sector Real Estate Insurance Oil & Gas
Renewables
Safety/Security
Media/Advertising
Is there any expectation
Navigable: CA law says any drone piloted below the navigable airspace…but is there anything below the navigable airspace. FAA says no.
JULY 2016

20. Opportunities Safety/Security Government Services Education
Public Sector
Safety/Security
Government Services
Education
JULY 2016

21. Opportunities General Use Research Instruction Clubs Education
Via:
JULY 2016

22. Opportunities General Use: Safety Building Maintenance Marketing
Education
General Use:
Safety
Building Maintenance
Marketing
JULY 2016

23. Opportunities Research:
Education
Research:
Alliance for System Safety of UAS Through Research Excellence (ASSURE)
15 Universities studying the impact of drone collisions.
Ohio State included.
JULY 2016

24. Opportunities Instruction: Students Instructors Education JULY 2016
JULY 2016

25. Opportunities Instructors: Education Small UAS Requirements.
No Compensation.
Must be a certified pilot.
No student “proxy”.
Community events allowed.
JULY 2016

26. Opportunities Students: Education Clubs. Community Events.
Faculty advisors:
No compensation.
No piloting.*
* “Limited assistance” to students
JULY 2016

27. Other Considerations Regulations Future State regulations
Local regulations
Future
2.5 Million Drones by 2017
>7 Million by 2020
Apps/Autonomy/???
JULY 2016

28. Fact Pattern #1 Student Club
Students start a drone club at Bricker High School. They hold their meetings on school grounds, after the school day, but enlist a teacher to help them with the club. The teacher does not get paid for her assistance and only occasionally helps the students navigate their drones.
JULY 2016

29. Classroom Instruction
Fact Pattern #2
Classroom Instruction
An instructor at Bricker High School decides to teach a class on the maintenance, operation, and regulations of drones. Students may sign up for the class as an elective, but the instructor gets paid for his work. As part of the preparation for the class, the instructor buys his own drone and practices at home.
JULY 2016

30. Fact Pattern #3 School Business Use
The facilities director at Bricker High School decides to bring in her drone from home to inspect the roof of the school on a regular basis. She flies the drone where she can see it and makes sure to never fly it over students or when there are other aircraft in the area.
JULY 2016

31. Non-sanctioned use on school grounds
Fact Pattern #4
Non-sanctioned use on school grounds
Students sneak on to the field at Bricker High School and fly their 4 lb drone around the field at high speeds. Eventually, on of the students takes the controls and flies the drone directly into the scoreboard, breaking part of the display. The drone then falls and hits another student, who has to go to the hospital for his/her injuries.
JULY 2016

32. Contact Gregory J. Lestini Partner, Bricker & Eckler LLP
Columbus Office
100 South Third Street
Columbus, Ohio 43215
JULY 2016