Richard T. Britt Jr.

19231 Se 23rd Place

Morriston, FL 32668

RTBrittJr@UAVideoCreations.com

352-615-0778

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation Docket

Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Moderation and Reform Act of 2012 and

14 CFR Part II 

Dear Administrator Huerta:

This letter herby request an exemption to allow Mr. Richard T Britt Jr. (petitioner) to commercially 

operate a DJI Phantom 2 Vision Plus, a small Unmanned Aircraft System (“sUAS”), for the purpose 

of real estate sales, agricultural crop and construction monitoring, video and photography of 

weddings and other private social events, market research, aerial surveys, damage assessment, 

property survey, mapping and inspections, to enhance public awareness of UASs and training. 

From the below listed Federal Aviation Regulations (“FARs”), under the conditions and

limitations set forth in this Petition. 

This request for exemption is identical to others that have been granted by the FAA, to wit: Mr. Brian 

Walk , Exemption No. 11445, Regulatory Docket No. FAA–2015–0143 and Ms. Dyan Gibbens Exemption No. 

11446 Regulatory Docket No. FAA−2014−0890, among others.

The petitioner, Richard T Britt, is a Private Pilot in good standing for over 20 years, has owned and 

operated a Piper Warrior II under both FARs 91 and 135. Additionally, Mr. Britt owned and operated an

FAA approved repair station for over 10 years. Mr. Britt is thoroughly familiar with all applicable rules 

and regulations set forth by the FAA to own and operate an aircraft in regulated airspace. 

Currently the petitioner is retired from the aircraft repair industry and currently owns a business in 

technology but also engages in professional photography. 

Therefore, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11, Mr. Richard Britt, a professional businessman and photographer, hereby applies

for an exemption from the below listed Federal Aviation Regulations (“FARs”) to allow him to operate a

small Unmanned Aircraft System (“sUAS”) under the conditions and limitations set forth in this 

Petition.

The name and address of the applicant/petitioner is:

Richard T. Britt Jr.

Telephone: (352) 615-0778

Email: RTBrittJr@UAVideoCreations.com

Address: 19231 SE 23rd Place

Williston, FL 32668
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1. The Specific Section or sections of 14 CFR from which I seek an Exemption:

• 14 CFR Part 21 Subpart H - Aircraft certification requirements and procedures

• 14 C.F.R. § 45.23(b) - Requirement to display registration number on vehicle

• 14 CFR § 61.56 (a)(2), that requires "a minimum of one hour of flight" in addition to 

applicable ground school certification. 

• 14 CFR § 61.56 (c)(1) "Accomplished a flight review given in an aircraft for which that pilot is 

rated by an authorized instructor"

• 14 CFR § 61.113(a) and (b) - Private pilot privileges and limitations

• 14 CFR § 61.133(a) - Private pilot privileges and limitations

• 14 C.F.R. § 91.7 (a) – Airworthiness Requirements. 

• 14 CFR § 91.9 (b) (2) – Requirements for manuals to be available in cockpit.

• 14 C.F.R. § 91.103 – Requirement of crew members on board.

• 14 C.F.R. § 91.105(a)(2) and (b) – Requirement of crew members on board.

• 14 C.F.R. § 91.109 – Dual controls during flight instruction. 

• 14 C.F. R. § 91.119 – Minimum safe altitude for flight.

• 14 C.F.R. § 91.121 – Altimeter setting

• 14 CFR § 91.151 (a) – Fuel requirements

• 14 CFR § 91.203 (a) & (b) – Requirements for registration and airworthiness certificates to be 

onboard.

• 14 CFR § 91.205(b) – Cockpit instruments requirements

• 14 CFR § 91.215 – Transponder

• 14 CFR § 91.405 (a) – Maintenance required, inspection.

• 14 CFR § 91.407 (a) (1) - No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

• 14 CFR § 91.409 (a) (2) - Inspections

• 14 CFR § 91.417(a) – Maintenance Records.

2. Extent of relief we seek and the reason we seek the relief

The petitioner is seeking relief from existing FARs listed above that currently prohibit the use of 

UASs from operating commercially for the purpose of real estate sales, agricultural crop and

construction monitoring, video and photography of weddings and other private social events, market 

research, aerial surveys, damage assessment, property survey, mapping and inspections, to enhance

public awareness of UASs and training, in accordance with the FAA Modernization and Reform Act 

of 2012 112 P.L. 95 § 331334. The Reform Act Subtitle B: Unmanned Aircraft Systems – (Sec. 332) 

Requires the Secretary to develop a plan to accelerate safely the integration by September 30, 2015, of 

civil unmanned aircraft systems (UAS, or drones) into the national airspace system.” Accordingly, the 

petitioner attests that the petitioner’s qualifications as well as the sUAS platforms meets the definition 

of such approved drones (UAS) as defined in Section 331 and allows for exemption status 

consideration to the extent list in section 6 below.

3. The reason why granting the request would be in the public interest

• It would allow similar activities as are currently performed by commercial operation with the 

same or superior level of safety at a competitive price and convenience.

• Because of the small and light weight nature of the sUAS. It opens new opportunities such as;

i. detailed roof inspections of highly pitched or hard to access roofs at altitudes and in 

proximity that would not be safe with larger manned aircraft.

ii. aerial photography of wedding and other occasions not currently available with

larger certificated aircraft at the same level of safety.

iii. the capture of images and video for the promotion of real estate at altitudes and in 

proximity to structures that could not be done with the same level of safety with

larger commercial aircraft.
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iv. Battery operation reduces risk associated with the flammability and pollution issues 

of fuels used in larger commercial aircraft.

v. Reduces congestion at airport(s) as these sUAS do not require such facilities to 

operate.

4. The reason why granting the exemption would not adversely affect safety

• Autonomous flight abilities not available in larger commercial aircraft allows the sUAS to 

return to home/starting point and auto land if communication with ground station is lost or 

battery condition requires, greatly enhancing safety of operation. Also the system is 

designed to hover with an accuracy of +/- 2.5ft horizontal or vertical without intervention 

from operator and will continue to hover in said manner if no control inputs are received 

from the operator. This is greatly enhances safety if the operators attention should diverted 

or the remote control should malfunction during operation but communication is not lost. 

• Battery operation reduces risk associated with the flammability and pollution issues of fuels 

used in larger commercial aircraft.

• The aircraft will be flown below 400ft AGL helping reduce congestion in the NAS above that 

altitude.

• The aircraft operator will have at least a sport aircraft license affording the operator sufficient 

knowledge of the NAS and operations therein to allow for safe operation. 

• The small size and light weight of the sUAS and the structure of the sUAS being made of 

easily fractured plastics, reduces the possible damage to persons or property far below that of 

other larger commercial aircraft.

5. A summary to be published n he Federal Register 

Pursuant to 14 CFR § 11.81(f), the following summary is provides for publication in the Federal 

Register, should the FAA determine that publication is needed:

Document ID: FAA-2007-0001-0001

Petitioner: Richard T Britt Jr

Section(s) of 14 CFR: 14 CFR Part 21 Subpart H,14 C.F.R. § 45.23(b), 14 CFR § 61.56 (a)(2), 14 CFR 

§ 61.56 (c)(1), 14 CFR § 61.113(a) and (b), 14 CFR § 61.133(a), 14 C.F.R. § 91.7 (a), 14 CFR § 91.9

(b)(2), 14 C.F.R. § 91.103, 14 C.F.R. § 91.105(a)(2) and (b), 14 C.F.R. § 91.109, 14 C.F. R. § 91.119, 14

CFR § 91.151 (a), 14 CFR § 91.203 (a) & (b), 14 CFR § 91.205(b), 14 CFR § 91.215, 14 CFR § 91.405 

(a), 14 CFR § 91.407 (a) (1), 14 CFR § 91.409 (a) (2), 14 CFR § 91.417(a).

Description of relief sought: Richard T. Brit Jr. is seeking an exemption to conduct commercial 

operation for the purpose of real estate sales, agricultural crop and construction monitoring, video 

and photography of weddings and other private social events, market research, aerial surveys, 

damage assessment, property survey, mapping and inspections, to enhance public awareness of 

UASs and training.

6. The rule from which I seek the Exemption and description of exemption

• 14 CFR Part 21 Subpart H - Aircraft certification requirements and procedures

i. Off the self SUASS are not issued Airworthiness Certification and no requirements or 

procedures have been established.

• 14 C.F.R. § 45.23(b) - Requirement to display registration number on vehicle

i. To be displayed as appropriate to the size of the aircraft

• 14 CFR § 61.56 subsection(a)(2), that requires "a minimum of one hour of flight" in addition 

to applicable ground school certification. 

i. The petitioner believes this element of the rule as applied to the operation of sUAS is 

unnecessary and does not fall within the spirit of the guidelines put forth by the FAA 

in NPRM, Operation and Certification of Small Unmanned Aircraft Systems [Docket 

No.: FAA-2015-0150; Notice No. 15-01]. 

ii. The requirement to "Accomplished a flight review given in an aircraft for which 

that pilot is rated by an authorized instructor" and to "review of those maneuvers 
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and procedures that are necessary for the pilot to demonstrate the safe exercise of 

the privileges of the pilot certificate" would not enhance the safe operation of an 

sUAS as stated in FAA finding of NPRM subparagraph B. Current Statutory and 

Regulatory Structure Governing Small UAS. "...This is because a person typically 

obtains a private or commercial pilot certificate by learning how to operate a 

manned aircraft. Much of that knowledge would not be applicable to small UAS 

operation because a small UAS is operated differently than a manned aircraft." See 

appendix 1 for further information.

iii. Equal safety can be achieved by performing the suggested flight maneuvers in the OEM 

training manuals and other flight maneuvers as may be appropriate to the mission(s)

anticipated until a minimum of 20 hour of logged flight time has been accumulated.

• 14 CFR § 61.56 (c)(1) "Accomplished a flight review given in an aircraft for which that pilot is 

rated by an authorized instructor"

i. See 14 CFR § 61.56 subsection(a)(2) above. 

• 14 CFR § 61.113(a) and (b) - Private pilot privileges and limitations

i. To allow the practitioner to commercially operate the sUAS with operators holding a 

private pilots certificate. As the sUAS does not carry passengers or cargo and because 

the additional flight training required for a commercial certificate is in no way 

relevant to the operation of the sUAS the additional training would not enhance 

safety. 

• 14 CFR § 61.133(a) - Private pilot privileges and limitations

i. In accordance with above request enabling an operator with a private pilot certificate 

to operate the sUAS commercially. Based on the simplicity of the aircraft, line of site 

operations and minimal operational theater, this exemption would not degrade 

safety of the NAS

• 14 C.F.R. § 91.7 (a) – Airworthiness Requirements. 

i. No Airworthiness standard has been established.

• 14 CFR § 91.9 (b) (2) – Requirements for manuals to be available in cockpit.

i. No cockpit exist, however a manual and checklist in the possession or in near 

proximity of the operator for review. 

• 14 C.F.R. § 91.103 – Requirement of crew members on board.

i. Unmanned vehicle. 

• 14 C.F.R. § 91.105(a)(2) and (b) – Requirement of crew members on board.

i. The flight crew operating the sUAS will be at the controls of a ground station remote

from the sUAS. The requirements under this section are not applicable to the 

operation of the sUAS.

• 14 C.F.R. § 91.109 – Dual controls during flight instruction.

i. The sUAS does not accommodate dual controls as shipped from manufacturer. 

• 14 C.F. R. § 91.119 – Minimum safe altitude for flight.

i. Current FAA requirement will not allow the sUAS to be operated above 400ft AGL.

ii. To be able to keep the sUAS within visual range it must be operated below minimum 

safe altitude.

• 14 C.F.R. § 91.121 – Altimeter setting

i. Although the sUAS has a barometric altimeter it was not designed to be adjusted.

• 14 CFR § 91.151 (b) – Fuel requirements

i. With a total flight time of less than 20 minutes, the requirement to be able to continue

flight for 20 min beyond destination is not practicable.

ii. Because sUAS uses rechargeable batteries for flight, telemetry, and autonomous 

control system, fuel reserves are defined as percentage of battery. 

• 14 CFR § 91.203 (a) & (b) – Requirements for registration and airworthiness certificates to be 

onboard.

i. No airworthiness certificate issued.
6

ii. sUAS does not have sufficient space to store documents on aircraft.

iii. Any documentation will be maintained within easy access at location of operation. 

• 14 CFR § 91.205(b) – Cockpit instruments requirements

i. No cockpit exists

ii. To avoid flight outside of require maximum altitude, speed, range and battery 

endurance. The system is equipped with telemetry and GPS location information 

streamed over a 2.4 GHz WIFI network to the operator. 

• 14 CFR § 91.215 – Transponder

i. sUAS is does not have a useful payload sufficient to carrier a mode –c- transponder

ii. sUAS is does not have sufficient electrical load capable of supporting a mode –ctransponder

iii. Per FAR 91.215 (d)(3) a mode –c- transponder is not required if ATC responsible for 

the controlled airspace is notified one hour in advance of the flight in or into the 

controlled airspace. 

• 14 CFR § 91.405 (a) – Maintenance required, inspection.

i. This section requires the aircraft to be inspected in accordance with Part 43 which

discuses “Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, 

techniques, and practices acceptable to the Administrator”. Such documents do not exist.

ii. The very small nature of the sUAS and the simplistic nature of it component(s) and 

procedure(s) required for maintenance and operation, maintaining the sUAS and its 

batteries in accordance with OEM recommendation supplied with the sUAS or as 

amended, will ensure an equivalent level of safety. 

• 14 CFR § 91.407 (a) (1) - No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

i. This section references returning the aircraft to service under a person authorized 

under Part 43. The same level of safety can be maintained by performing fight tests of 

the equipment after maintenance or alterations to insure that the craft can perform all 

the maneuvers in the training manual.

• 14 CFR § 91.409 (a) (2) - Inspections.

i. Do to fact that no airworthiness certificate is issued for the sUAS and therefore not 

operated under said certificate. The same level of safety can be maintained by 

performing fight tests of the equipment after maintenance or alterations to insure that 

the craft can perform all the maneuvers in the training manual.

• 14 CFR § 91.417(a) – Maintenance Records.

i. This exemption is requested due to the references in keeping records in accordance 

with Part 43 and maintenance schedules associated with Part 43 and the aircrafts 

airworthiness certificate. 

ii. Record for the aircraft maintenance in accordance with OEM guidance will be 

maintained as closely to section 14 CFR § 91.417(a) as practicable with maintenance 

carried out on the sUAS in such a manner as to ensure safety is maintained at the 

same level expected under this section.

7. Additional information, views, or arguments

The petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the

Reform Act, which directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Administrator must determine which types of UASs do not create a hazard

to users of the NAS or the public or pose a threat to national security in light of the following:
7

The UAS’s size, weight, speed, and operational capability;

Operation of the UAS in close proximity to airports and populated areas; and

Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the

national airspace system.” Id. § 333(c) (emphasis added).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its

regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which

includes sUASs. The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of the Federal

Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See

also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).

Vehicle

The Petitioner will fly a DJI Phantom 2 Vision Plus equipped with a three-axis gimbals and

camera as supplied as standard equipment from the OEM. 

The DJI Phantom 2 Vision Plus (sUAS) have built in capability to limit the height it flies above

the ground, to limit the radius of the distance it flies from the operator, and to exclude it from

class B, C, and D airspace. The sUAS also has the built-in capability to return to the launching

point if the wireless control link is interrupted or if the operator commands it to do so through 

software or mechanical fail safe switch found on the control.

The DJI Phantom 2 Vision Plus is made almost entirely of plastic and weighs 2.9 lbs including 

propellers, battery and camera. It has a top speed of less than 30 miles per hour. It has four

fixed-pitch rotors, thrust from which is varied by changing rotor RPMs. It is powered by

interchangeable 5200 to 6000 mAh lithium polymer battery(s) with an estimated flight time of 10 

to 20 minutes, depending on conditions, with a 20% of battery charge remaining 

Flight profiles

The petitioner will program the Phantom so that it will not fly above 400 feet AGL, or more than 1500

feet radial distant from operator. He will preflight the vehicle before each mission to the OEMs 

recommendations and any additional procedures deemed necessary for safe flight as experience 

dictates.

His aerial photography missions will include but not be limited to;

1. real estate;

2. agricultural crop monitoring;

3. construction;

4. weddings and other private social events; 

5. market research; 

6. aerial surveys;

7. damage assessment; 

8. property survey; 

9. mapping and inspections.

10. to enhance public awareness of UASs;
8

11. and training;

Operation consideration associated with the requested exemption would permit the operation of sUAS

with a gross takeoff weight of not more that 55lb to be operated in airspace that is;

1) outside of controlled airspace when; 

a) the sUAS is operated between sunrise and sunset as it refers to the times when the upper edge of 

the disk of the Sun is on the horizon.

b) the aircraft is register and displays the registration's N numbers on aircraft in a size and manner 

appropriate to the size of the aircraft.

c) operator will hold at least a Private Pilots rating and;

(1) has in his possession or able to product in a reasonable period of time; 

(a) a signed entry in his/her operator/pilot log book from a Certified Flight Instructor 

that he/she as passed the ground portion of bi-annual fight review within the 

subsequent 24 month period and;

(b) a valid Florida drivers license and;

(c) will abide by visual restriction or other restriction as may be appropriate and found 

on Florida drivers license; 

d) the operator in command has logged no less than 20 hours of flight experience in model and type 

of sUAS to be flown.

e) the operator has performed a preflight inspection of the aircraft as defined by the OEM manuals 

supplied with the aircraft;

f) operator has determined through log book entries or other records or methods that;

i) the aircraft and battery(s) have been maintained as defined by the OEM manuals supplied 

with the aircraft or as amended by the OEM. 

ii) that the aircraft, it's controls or software as applicable, have the latest updates, a flight test 

has been performed subsequent to said update(s) and aircraft has been returned to service. 

If the latest update(s) is/are found not to function correctly in the aircraft, its controls or 

software as applicable, said update can be reverted to their previous functioning version, 

with the aircraft then test and return to service until discrepancies can be resolved with the 

latest update(s).

g) operations are performed at or below the altitude of 400 feet AGL;

h) Weather minimums are at or above VFR minimums;

i) at a minimum of 200 ft of separation from non-participating persons; 

j) will yield right of way to all other aircraft;

k) will land aircraft at or before batteries in controls required for flight or in aircraft reaches 20% of 

full charge;

l) sUAS will be limit to flight within the visual flight range of the operator and/or one or more 

spotter(s). However spotters may not be "stacked" or perform relay to extend the distance of the 
9

flight.

m) the spotter responsible for the current portion of the flight and the operator must stay in 

communication at all times, this can be via phone, radio, voice, signal flags or other gestures. If 

communication with spotter responsible for monitoring the current portion of the flight is lost 

the operator will return aircraft to 

i) point of fight origin or;

ii) point where a spotter or operator can take responsibility for the see and avoid 

requirements or;

iii) another appropriate location where the flight can be terminated as soon as is practicable. 

2) within 4 nautical miles from the airport(s);

a) while meeting all requirement of section 1 above and;

b) permission has been given in advance by the authority responsible for airport operations; 

c) a radio capable of receiving at frequencies of 118.000-136.975MHz and channel spacing 25 kHz 

will be in the possession of the operator and monitoring the Unicom or common traffic 

frequencies as applicable by reference to current VFR Low Altitude Airway Charts and/or 

FAA's Airport/Facility Directory;

d) will prior to flight file a notice to airman of intended flight.

8. Reason why you want to exercise the privileges of our exemptions outside the 

United States 

The petitioner does not currently intend on exercising these privileges outside of the United States

Respectfully submitted,

Richard T Britt, Jr. Petitioner

 Richard T Britt Jr
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Appendix 1

Billing Code 4910-13-P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183 

[Docket No.: FAA-2015-0150; Notice No. 15-01] 

RIN 2120–AJ60 

Operation and Certification of Small Unmanned Aircraft Systems

Subparagraph B. Current Statutory and Regulatory Structure Governing Small UAS

Due to the lack of an onboard pilot........................(previous section removed to enhance readability)

In addition to obtaining an airworthiness certificate, any person serving as an airman in the operation of a 

small UAS must obtain an airman certificate. 49 U.S.C. 44711(a)(2)(A). The statute defines an “airman” to 

include an individual who is “in command, or as pilot, mechanic, or member of the crew, who navigates 

aircraft when under way.” 49 U.S.C. 40102(a)(8)(A). Because the person operating the small UAS is in 

command and is a member of the crew who navigates the aircraft, that person is an airman and must 

obtain an airman certificate. 

Under current pilot certification regulations, depending on the type of operation, the operator of the 

small UAS currently must obtain either a private pilot certificate or a commercial pilot certificate. A 

private pilot certificate cannot be used to operate a small UAS for compensation or hire unless the flight is 

only incidental to the operator’s business or employment. Typically, to obtain a private pilot certificate, 

the small UAS operator currently has to: (1) receive training in specific aeronautical knowledge areas; (2) 

receive training from an authorized instructor on specific areas of aircraft operation; (3) obtain a 

minimum of 40 hours of flight experience; and (4) obtain a third-class airman medical certificate. 

Conversely, holding at least a commercial pilot certificate allows the small UAS to generally be used for 

compensation or hire, but is more difficult to obtain. In addition to the requirements necessary to obtain a 

private pilot certificate, applicants for a commercial pilot certificate currently need to also obtain 250 

hours of flight time, satisfy extensive testing requirements, and obtain a second-class airman medical 

certificate.

While these airman certification requirements are necessary for manned aircraft operations, they impose 

an unnecessary burden for many small UAS operations. This is because a person typically obtains a 

private or commercial pilot certificate by learning how to operate a manned aircraft. Much of that 

knowledge would not be applicable to small UAS operations because a small UAS is operated differently 

than a manned aircraft. In addition, the knowledge currently necessary to obtain a private or commercial 

pilot certificate would not equip the certificate holder with the tools necessary to safely operate a small 

UAS. Specifically, applicants for a private or commercial pilot certificate currently are not trained in how 

to deal with the “see-and-avoid” and loss-of-positive-control safety issues that are unique to small 

unmanned aircraft. Thus, requiring persons wishing to operate a small UAS to obtain a private or 

commercial pilot certificate imposes the cost of certification on those persons, but does not result in a 

significant safety benefit because the process of obtaining the certificate does not equip those persons

with the tools necessary to mitigate the public risk posed by small UAS operations. 

Recognizing the problem of applying the operating rules of part 91 to small UAS operations and the cost 

imposed on small UAS operations by existing certification processes, the FAA fashioned a temporary 

solution. Specifically, the FAA issued an advisory circular (AC) 91-57 and a policy statement elaborating 

on AC 91-57, which provide guidance for the safe operation of “model aircraft.” The policy statement 
1

defines a “model aircraft” as a UAS that is used for hobby or recreational purposes. The policy statement 

explains that AC 91-57: 

[E]ncourages good judgment on the part of operators so that persons on the ground or other aircraft in 

flight will not be endangered. The AC contains among other things, guidance for site selection. Users are 

advised to avoid noise sensitive areas such as parks, schools, hospitals, and churches. Hobbyists are 

advised not to fly in the vicinity of spectators until they are confident that the model aircraft has been 

flight tested and proven airworthy. Model aircraft should be flown below 400 feet above the surface to 

avoid other aircraft in flight. The FAA expects that hobbyists will operate these recreational model 

aircraft within visual line-of-sight.

Neither AC 91-57 nor the associated policy statement contains any registration or certification 

requirements. To date, the FAA has used its discretion to not bring enforcement action against modelaircraft operations that comply with AC 91-57. However, the use of discretion to permit continuing 

violation of FAA statutes and regulations is not a viable long-term solution for incorporating UAS 

operations into the NAS. Additionally, because AC 91-57 and the associated policy statement are limited 

to model aircraft, they do not apply to non-recreational UAS operations. Thus, even with the use of 

enforcement discretion, because of the difficulty of obtaining the requisite certification for a small UAS 

and because operation of a small UAS would violate the see-and-avoid requirement of § 91.113(b), nonrecreational civil small UAS operations are effectively prohibited at this time.