## o~H£R~**TR~FFIC** 

# ACCIDENT**CONSULTANTS~ INC~** 

POST OFfiCE. BOX 816 TINLEYPARK, ILLINOIS 60477 PHONE 708-429-2984

fAX 708-429-3765 

### June 30, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590

.···""" ,.. 

### Re: Petition ofO'Hern Traffic Accident Consultants, Inc. for an Exempti,ofi**Putsu~t** 

### to Section 333 ofthe FAA Modernization and Reform Act of2012 ·.. . · To Whom it May Concern:
Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, O'Hern Traffic Accident Consultants, Inc. ("OTAC") hereby applies for an exemption from the Federal AviationRegulations outlined below. This exemption will allow for commercial operation ofsmall unmanned aircraft systems ("sUAS") for purposes ofconducting aerial inspections, site surveys as part ofa forensic analysis, assisting law e_nforcement with search and rescue operation and assisting law enforcementwiththe execution ofsearch warrants. This Petition for Exemption is being made based onthe informationpresented inthis petition, as well as the DJI Phantom 2 Vision Plus User Manual, the Phantom 2 Vision Plus Release Notes, Phantom 2 Vision Plus Quick Start Guide, the Phantom 2 Vision Plus Pilot Training Guide and the Smart Flight Battery Safety Guidelines (collectively referred to as the "Manufacturers Manual"). A copy ofthe Manufacturers Manual is attached. The following is an outline ofthe Petition for Exemption.
I. Description ofPetitioner II. Section of 14 C.F.R. which Exemption ifbeing requested. A. 

### 14 C.F.R. Part 21, Subpart H- Airworthiness Certificate and 14 C.F.R. § 91.203 B. 14 C.F.R. Part 27, Airworthiness Standards: Normal Category Rotocraft C. 14 C.F.R. § 

### 91.7(a): Civil Aircraft Worthiness D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Manual inthe Aircraft E. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration F. 14 C.F.R. § 91.9( c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements"OTAC" Petition For Exemption Page2



### G. 14 C.F.R. §91.103: Preflight Action H. 14 C.F. R. § 91.105: Flight Crewmembers at Stations I. 14 C.F.R. § 91.109(a): Flight Instruction J. 14 C.F.R. § 91.119: Minimum Safe Altitudes K. 14 C.F.R. § 91.121: Altimeter Settings L. 

### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions M. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l), 91.409(a)(2), 91.417(a) and 91.417(b): Maintenance Inspections, Preventative Maintenance and Alterations N. 14 C.F.R. Part 61; § 61.3 Requirements for certificates, ratings and authorizations and§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations III. Description ofOperational Usage A. Traffic Crash Investigation B. Law EnforcementAssistance (search and rescue operations, crime scene documentation, etc.) IV. Applicable StatutoryAuthority V. UAS Operations meetthe requirements ofSection 333ofthe FAA Modernization and Reform Act of2012 A. 

### Approval is warranted based onthe sUAS Size, Weight, Speed and Operational Capacity B. Approval is warranted based onthe operational restrictions stated inthe Operations Manual. VI. Public Interest VII. Privacy VIII. Federal Register Exemption IX. Conclusion

I. DESCRIPTION OF PETITIONER 

### O'Hern Traffic Accident Consultants, Inc. ("OTAC") is an Illinois based private investigation and consulting company. OTAC initiallybegan in 1995 as a sole proprietorship and was subsequently incorporated in Illinois in1999. Over the last 20 years, OTAC has grown from a single consultantto a team ofmore than 10 consultants and employees. OTAC offers forensic documentation and expert analysis services inthe field ofaccident/crash investigation and frequently assist County Prosecutors and Law Enforcement in forensic documentation and analysis withinthis field. Expert analysis offered by OTAC oftenbegins with forensic inspections and documentation of vehicles, objects, buildings and crash sites. The documentation commonly involves recording images to document specific conditions. Obtaining images ofphysical evidence and or forensic evidence may not always be feasible due to dangerous conditions. When assisting Law



### O''HERN 

### TRAFFIC ACCIDENT CONSULTANTS, INC.

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Enforcement with Search and Rescue operations and orthe execution ofWarrants, it is often difficult or unsafe to check and clear certain areas. OT AC seeks to utilize the technology offered through the sUAS to provide better and safer services. The use oftechnology offered through the sUAS-assisted photography would allow for detailed forensic inspections and close visual observations that would otherwise be infeasible orunsafe. The primarybenefit would be to document any evidence or to clear an areawithoutputting a persons safety at risk. The sUAS would allow steep uneven slopes and embankments at crash sites to be inspected andphotographically documented. The sUAS would also allow areas that are too unstable ortoo difficult to be reached on foot to be searched and cleared during search and rescue events and would also allow similar areas to be cleared before executing search warrants. Being in an industrythat requires the use oftechnological solutions to address both clients needs and the needs ofthe public, the use ofsUAS-assisted photographyprovides a safer, more efficient and more effective means to perform forensic evaluations. The use ofsUAS-assisted photographynot onlyprovides a better service to clients but also improves public safety in several ways, including not unnecessarily putting a public servant in harms way. Itis for these purposes that OTAC respectfullyrequest and exemptionto use sUAS for commercial purposes while performing aerial inspections/examinations during forensic evaluations and site surveys and while performing search/rescue operations and warrant executions. The contact information for the Petitioner is as follows: Michael E. O'Hem President O'HemTraffic Accident Consultants, Inc. 7816 Marquette Dr. S. Tinley Park, Illinois 60477 Phone:708-429-2984 Email: otac16@gmail.com



### II. 14 C.F.R. EXEMPTIONS REQUESTED The Federal Aviation Act grants the FAA the authority to issue exemptions. This statutory authority includes exempting civil aircraft (including UASs) from its safetyregulations and minimum standards whenthe Administrator decides a requested exemption is inthe public interest. OTAC request an exemption from several interrelatedprovisions ofTitle 14 ofthe Code ofFederal Regulations Parts 21, 45, 61 and 91 for the purpose ofperforming operations as outlined in this Petition. Outlined below are the specific sections.



### O''HER<N TRAFFIC ACCIDENT CONSULTANTS, INC."OTAC" Petition ForExemption

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificate and 14 C.F.R. § 91.203(a)(1). Page 4

Part 21, Subpart H, Airworthiness Certificates establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 C.F.R. § 91.203. The FAA has stated that no exemption is needed from this sectionifthe UAS provides a level ofsafety at least equal to that ofan aircraft used for the samepurpose. As outlined in this Petition, the proposed operations of the specified sUAS canbe operated without an airworthiness certificate and provide a level ofsafetythat is equal to or greater than the rule. Since the necessary criteria is met, there is no need for the exemption. See Grant of Exemptionto Astraeus Aerial, DocketNo. FAA-2014-0352 (p. 13,14 and 22).
B. 14 C.F.R. Part 27, Airworthiness Standards: Normal CategoryRotocraft
Part 27, Airworthiness Standards establishes the procedural requirements for the issuance ofairworthiness certificates ofnormal category rotorcraft. To the extent thatthe sUAS outlined inthis Petitionwould otherwiserequire certificationunder Part 27, OTAC seeks an exemption for the same reasons outlined in the preceding paragraph A (Exemptionrequest from 14 C.F.R. Part 21, Subpart HAirworthiness Certificate and 14 C.F.R. § 91.203(a)(1)).
C. 14 C.F.R. § 91.7(a): Civil Aircraft Worthiness
Theregulation requires in summarythat a civil aircraftbe in airworthy condition to be operated. The FAAhas stated thatno exemptionis required for 14 C.F.R. § 91.7(a) to the extentthatthe requirements ofPart 21 are waived orfound inapplicable. (DocketNo. FAA-2014-0352 p. 13-14 and 22). Since no aircraft worthiness certificate will be issued, OTAC requestthe requirements for 14 C.F.R. § 91.7(a) be waived.
D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Manual inthe Aircraft
The regulation requires in summarythat a person operating a U.S. registered civil aircraft, Airplane or Rotorcraft, carry inthe aircraft a current approved manual, approved**man~al** materials, markings, and placards, or any combination. Given the size and configuration (no cabin, cockpit or storage compartment) ofthe sUAS proposedto be utilized, there is no possible waythe manuals and documents couldbe kept onboard.
OT AC will provide an equivalent level ofsafety byhaving a copy ofall documents neededbythe operator to ensure safe operation and flights ofthe



### O''HE:R;N TRAFFIC ACCIDENT CONSULTANTS, INC."OTAC" Petition ForExemption Page 5

sUAS withthe ground control station, accessible to the PIC and VO during operations.
E. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration The regulationrequires in summarythat no person may operate a civil aircraft, unless ithas within it an appropriate and current airworthiness certificate which is displayed at the cabin or cockpit entrance. Given the size and configuration (no cabin or cockpit) ofthe sUAS proposed to be utilized, there is no possible way the airworthiness certificate could be onboard, much less displayed.
F. 14 C.F.R. § 91.9( c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements These regulations provide in summarythat no person may operate a U.S. registered civil aircraft unless the aircraft is identified in accordance with 14 C.F.R. Part 45. The regulations further state thatthe markings include onlythe Roman capital letter "N" and the registration number and that the displayed letters be no smallerthan 2 inches and no more than 6 inches high. The regulations state that onRotorcraft the marks required in §45.23 mustbe displayed onboth surfaces ofthe cabin, the fuselage, boom or tail. The sUAS to be utilized by OTAC is not ofsufficient size to meetthese requirements. OTAC proposes markthe sUAS with identificationmarkings in lettering as large as practicable. This is consistent withthe previous Grants of Exemption (DocketNo. FAA-2014-0352 and others).
G." 14 C.F.R. § 91.103: Preflight Action This regulationrequires in summary that eachpilot in command shall, before beginning a flight, become familiar with all available information (runway lengths, take offand landing distance, etc.) concerning the flight. This information is not applicable to sUAS operations by OTAC in that we will notbe operating on or near airports. OTAC proposes that an equivalent level ofsafety can be achieved byhaving the PIC complete a site inspection where the operationwill occur and by completing

# a preflight inspection ofthe sUAS as directed bythe manufacture's manuals. H. 14 C.F. R. § 91.105: Flight Crewmembers at Stations The regulation states that required crewmembers mustbe at their stations inthe**o~HERN** 

### TRAFFIC ACCIDENT CONSULTANTS, INC."OTAC" Petition For Exemption Page 6

aircraft during specific portions ofthe flight. Since the sUAS has no cabin or cockpit, it is incapable ofcarrying crewmembers. Anequivalent level ofsafety will be maintained by ensuring the PIC is identified and not changed during flight andthe VO is within voice contact at all times during the flight. I. 14 C.P.R.§ 91.109(a): Flight Instruction
Thregulationprovides in summarythat, "no personmay operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functional dual controls." OTAC proposes that an equivalent level ofsafety will be achieved by conducting flight training operations within controlled environments.
J. 14 C.P.R.§ 91.119: Minimum Safe Altitudes This regulationprovides in summarythat over sparselypopulated areas, the aircraft cannotbe operated closerthan 500 feet to any person, vessel, vehicle or structure. Since the sUAS will be operating at a maximum of400 feet AGL, the sUAS operations cannot comply with this requirement. In addition, the PIC and the VO will often be less than 500 feet from the sUAS. OTAC proposes an equivalent level ofsafety, given the size, weight and speed ofthe sUAS would be met giventhe operational restrictions outlined in SectionV, paragraph B ofthis Petition. K. 14 C.F.R. § 91.121 :Altimeter Settings
This regulationprovides in summarythat a person operating an aircraft maintain a cruising altitude byreference to an altimeter that is set to the elevation ofthe departure airport orbarometric pressure. The proposed sUAS does nothave an altimeter. OTAC proposes that anequivalent level ofsafety can be obtained due to the fact the proposed sUAS does have a GPS that displays altitude. L. 14 C.P.R.§ 91.151(a): Fuel Requirements for Flight in VFRConditions This regulationprovides in summarythat no person may begin a flight in an airplane under day-VFRconditions unless there is enough fuel to fly to the first point ofintended landing andto fly after that for at least 30 minutes. The sUAS is operatedby battery with a maximum flight time of25 minutes. As such, this requirement cannot be met. OTAC proposes that an equivalent level ofsafety can be metbyrequiring thatthe battery be fully charged prior to flight and thatthe sUAS be returned whenthe battery reaches 25%.



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M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and 91.417(b): Maintenance Inspections, Preventative Maintenance and Alterations These regulations provide in summarythat the operator is responsible for maintainingthe aircraft in an airworthy condition, including compliance with Parts 39 and 43. These regulations state in summarythat an aircraft be approved to returnto service by an authorizedperson after maintenance and inspection and that an airworthiness certificate be issued. These sections, inpart, only apply to an aircraft with an airworthiness certificate. The sUAS to be utilized will be exempt underthe granting ofthis Petition. OTAC proposes that at least an equivalent level ofsafety will be obtained by following the operationprocedures set forth in Section V, paragraph B ofthis exemptioninthat after the sUAS has undergone maintenance or altercations which may affect the sUAS operation offlight (i.e. replacement ofcritical components ofthe UAS), the sUAS mustcomplete a functional testprior to being placedback into operation. The maintenance performed and the functional test shall be documented inthe records for the sUAS.
N. 14 C.F.R. Part 61; § 61.3 Requirements for certificates, ratings and authorizations and§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations These regulation provide in summarythatno personmay serve as a required pilot flight crewmember ofa civil aircraft unless thatperson: (1) Has apilot certificate or special purpose pilot authorization issued under this part inthatperson's physical possession or readily accessible in the aircraft when exercising the privileges ofthatpilot certificate or authorization. However, whenthe aircraft is operated within a foreign country, a pilot license issued bythat country may be used. These regulations further provide in summarythat no personthatholds a private pilotcertificate may act as pilot in command ofan aircraft that is carrying passengers or property for compensation or hire. Subparagraph (b), in summary, that a private pilot may act as a pilotin command, for compensation or hire, ofan aircraft in connectionwith any business or employment if; (1) The flight is only incidental to thatbusiness or employment (2) The aircraft does not carrypassengers orproperty for compensation or hire.



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Due to the characteristics ofthe sUAS (size, weight, speed, power, operational limitations, type ofcontrol (remote control) and range), OTAC proposes that sUAS operators shouldnot be required to hold a commercial pilot certification. Instead, OTAC proposes that all operators will have at least five hours as an sUAS pilot operating the same make and model ofsUAS to be utilized for operations underthe exemption and at least five take-offand five landings inthe preceding 180 days.

III. DESCRIPTION OF PROPOSED OPERATIONS OTAC is requesting an exemptionpursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 to utilize small UAS weighing less than five (5) pounds with payloadto conduct aerial inspections/examinations during forensic evaluations and site surveys and while performing search/rescue operations and crime scene documentation as outlinedbelow. OT AC intends to complete initial and recurrent training ofits Pilot In Command (PIC) and Visual Observers (VO) so thatthey are fully versed inthe safe operation ofthe sUAS. OTAC intends to conduct functional test flights following any maintenance to the sUAS to ensure it is properly functioning. All training and tests flights will occur within a controlled environment. A. Traffic Crash Investigation One oftheprimary services offered by OTAC is the investigation ofmotor vehicle traffic crash investigation and reconstruction. Throughthis investigation, OTAC looks at the three involved components, including the human, the vehicle and the environment. While investigating the vehicle and the environment, it is routine to photographically document the condition and evidence observed on either the vehicle or inthe environment. Aerial images canplay a crucial role in documenting this evidence. In some cases, the evidence is at a locationthat is unsafe orinfeasible for aninvestigatorto get to. Due to the nature ofsome ofthe evidence, it is often not feasible to utilize a fixed-wing or rotorcraft aircraft. The sUAS would allow for safe and accurate documentation ofthe evidence without risking the safety ofan investigator.
B. Law Enforcement Assistance OTAC associates works closely with local lawenforcement agencies (state, local and county) and countyprosecutors and have assisted invarious ways to include search and rescue operations oflostpersons and crime scene documentation. The use ofa sUAS during these search and rescue operations would allow areas not readily accessible to be searched withoutthe risk oflife to persons involved to be searched and assessed. The sUAS would be able to cover more area in a shorter time and from a low altitude. For crime scene documentation, the sUAS would assist in documenting overall aerial views as well as documenting physical evidence that canbe pertinentto the prosecution ofthe case.



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IV. APPLICABLE STATUTORY AUTHORITY This Petition for Exemption is submittedpursuant to Section 333(a) through 333( c) ofthe FAA Modernization and Reform Act of2012. The FAA has been directed by Congress "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." As outlined in Section 333 oftheReform Act, the FAA Administrator is to permitunmanned aircraft systems to operate inthe National Air Space where it is safe to do so based on: the Size, Weight, Speed, Operational Capacity, Operation ofthe sUAS in Proximityto Airports and PopulatedAreas, and Operation ofthe sUAS withinthe Visual Line ofSight ofthe PIC. The FAA Administrator has the general authority to grant exemptions from the agency's safety regulations and minimum standards whenthe Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §44701(a), §44701(b) and §44702 through §44716, et seq.). A petitioner requesting the exemption must explainthe reasons why the exemption would (A) benefitthe public as a whole, and (B) wouldnot adversely affect safety (or how it would at leastprovide a level ofsafety at least equal to the existing rules). See 14 C.F.R §11.81 (petitions for exemption).



### V. UAS OPERATIONS MEET REQUIREMENTS OF SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 Congress had directed the FAAto consider seven factors (size, weight, speed, operational capacity, proximity to airports, proximityto populated areas and operation within visual line of sight) when approving a petition for exemptionto Section 333 ofthe FAA Modernization and Reform Act of2012. Each ofthese factors is supported by this request. In particular, the sUAS discussed inthis petition is a small aircraft that operates at slow speeds and low altitudes to complete the operation. The sUAS has additional built in safety features that allows itto safely land ifCOI?ffiunication is lost or it becomes lowinpower. The sUAS operations proposed by OTAC inthis Petition for Exemption qualify for expedited approval pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 as each of the statutory criteria and relevant factors are satisfied.
A. Approval is warranted based onthe sUAS Size, Weight, Speed and Operational Capacity OTAC will utilize the DJI Phantom 2 Vision+ Quadcopter ("Phantom 2V+") for all operations specified in this Petition for Exemption. The Phantom 2V + has a maximum take-offweight of less than 3 pounds. The Phantom 2V+has a maximum flight speed of30 knots and will notbe flown at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way thatthey



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canbe safelyterminated with a reserve batterypower ofapproximately 25% ofthe battery's maximum charge. The Phantom 2V+ does not carry any flammable propellant or liquid fuel. The Phantom 2V+has anintegrated GPS systemthat calculates the position and height ofthe sUAS and relays that information via a secure connectionto the PIC. The on-board flight computer receives signals for flight control from the ground control station. A PIC and VO will be within sight ofone another and in constant communication. The Phantom 2V+has an on-board camera capable ofcapturing high definition color images throughboth still photos and videos, which are relayed backthroughthe ground control station. In addition, the Phantom 2V+ contains gyro stabilized flight mode, GPS aided navigation, a compass, blinking LED's onthe bottom, and a failsafe mode. When a connection is lostbetween the ground station and the Phantom 2V+ or if the batterypower falls below a safe level, the Phantom 2V+ will return to a predetermined location and land safely without injury or damage. For additional safety, OTAC has purchased and installed manufacturer designed prop guard.
DJI Phantom 2 Vision+ Specifications: Dimensions: Flight Control System: DJINaza-M V2 which includes the GPS and compass and the internal measuring unit, which contains a built in sensor and barametric altimeterthat measures both altitude and attitude. Transmitter: 5.728 GHz- 5.85 GHz DJI Remote Control Receiver: 5.8 GHz receiver built into the DJI Phantom 2 Vision+ Motor: electric DJI 2312 CCW DataLink: 2.4 GHz USB ground modem Video Link: 5.8 GHz OSD: DJI Vision app. Batteries: Lithium Polymer batteries (5200mAh capacity) The DJI Phantom 2 Vision+ which will be utilized by OTAC is the same model approved for use in the FAA's Grant ofExemptionto Douglas Trudeau, DocketNo. FAA-2014-0481 and to Rimkus**C~:msulting** Group, Inc., DocketNo. FAA-2015-0268 and numerous others. As acknowledged bythe FAA in its grant ofexemption to Douglas Trudeau, the DJI Phantom 2 Vision+ "has the capabilityto operate safely after experiencing certain in-flight contingencies or failures and uses and auto-pilot system to maintainUAS stability and control. The UAS is also able to respondto a loss ofGPS or lost-link event withpre-coordinated automated flight maneuvers." (DocketNo. FAA-2014-0481 at 12).
B. Approval is warranted based onthe operational restrictions stated inthe Operations Manual. OTAC will follow all operational recommendations set forth within the Manufacturer Manuals (including all relevant manufacturer publications such as flight manuals, user guides, instruction manual, maintenance manuals, training manuals, and safety/service bulletins.) for the DJI



### O''HE.HN TRAFFIC ACCIDENT CONSULTANTS, INC."OTAC" Petition For Exemption Page 11



### Phantom 2 Vision+ to safely and successfullyperform the operations outlined inthis Petition for Exemption. The following is a summary ofthe operational limitations and conditions under which OTAC will operate to ensure an equivalent or higher level ofoperational safety than is currently required: 1. The sUAS has atake-offweight oflessthan five (3) pounds, fully loaded. 2. The crew will consist ofa PIC and one or more VO's. The VO(s) will remain in constantvoice contact withthe PIC throughout the duration ofthe flight. 3. The sUAS shall be operated within Visual Line ofSight (VLOS) ofthe PIC and VO at all times. The PIC shall use human vision unaided by any device otherthan corrective lenses. 4. Prior to each flight the PIC shall inspectthe sUAS to confirm it is in a condition safe for flight. The Ground Control System (GCS) shall be included inthe preflight inspection. The PIC shall not operate the sUAS ifthe inspection reveals the sUAS is not in sufficient condition for a safe flight, until suchtime thatthe proper maintenance has been performed. Afterthe sUAS has undergone maintenance or altercations which may affect the sUAS operation offlight (i.e. replacement ofcritical components ofthe UAS), the sUAS must complete a functional testprior to being placed back into operation. The maintenance performed and the functional test shall be documented inthe records for the sUAS. 5. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the GCS any time the sUAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request. 6. The sUAS shall be operated and maintained according to the Manufacturers Manuals and any required manufacturer safetybulletins.
7. The PIC shall have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), a minimum offive hours as a sUAS pilot operating the same make and model ofsUAS to be utilized for operations under the exemption and at least five take-offand five landings inthe preceding 90 days. Training will be conductedpursuantto manufacturer's recommendations to ensure proficiency and experience-building, to include normal and emergency maneuvers, and take-off and landing.



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### 8. Flights will be limited to a maximum speed ofapproximately 30 knots and vertical ascent will be limitedto a maximum ofapproximately 20 feet per second. 9. The PIC is prohibited from beginning a flight unless (considering the wind and forecasted weather conditions) there is sufficient powerto fly at normal cruising speed to the intended landing point and land the sUAS once the low battery warning is received. 10. Flights will be operated at an altitude ofno more than 400 feet AGL and will never enter navigable controlled airspace withoutprior written authorization and approval from the FAA. 11. Flights will be operated at a lateral distance ofat least 1 00 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the sUAS and any possible debris resulting from sUAS failure. 12. Atno time will the sUAS be operated so close to person or objects to present and undue hazard to the PIC or VO, per § 91.119(a). 13. Operations ofthe sUAS will occur at least 100 feet away from non-participating vehicles or structures unless the property owner/controller, ifavailable, has grantedpermission, and the PIC has made a safety assessment ofthe risk of operating closer to those objects. Atno time will the sUAS be operated so close to structures or vehicles to present an undue hazard to the PIC or VO, per§ 91.119(a). 14. The radio frequencies used for operation and control ofthe sUAS (2.4 Ghz) shall comply withthe FCC requirements or other appropriate government oversight agency requirements. 15. A safe predetermined location will be coordinated prior to take-offinthe event thatthe sUAS loses communicationwiththe PIC, so that the sUAS canreturn to the predetermined location and land safely. 16. Contingency plans will be inplace to safely terminate the flight ifthere is a loss of communicationbetweenthe PIC and the VO. 17. The PIC will abort the flight inthe event ofunpredicted obstacles or emergencies. 18. Flights shall occur during daylight only. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules (SVFR) shall notbe conducted. Operations at night or beyond VLOS are pohibited.



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19. The sUAS shall not be operated from a moving vehicle. 20. The sUAS will be identified by serial number and registered in accordance with 14 C.F.R. part 47, and have markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.
21. Priorto the operation, there will be a Flight Plan setting forth the operational limitations and conditions for the flight operations, as well as key personnel contact information and a description ofany potential hazards on or inthe vicinity ofthe survey site.

VI. PUBLIC INTEREST
A national policyhas been established by Congress which favors the early integration ofUAS into the National Air Space in controlled, safe working environments consistent withthose outlined inthis Petition for Exemption. Approving this Petition for Exemption is consistent with fulfilling Congress's goal in passing Section 333(a) through (c) ofthe FAAModernization and Reform Act of2012; the FAA Administrator's assessment ofwhether certain UAS may safely operate inthe NAS prior to the completion ofthe statutory required rulemaking. The proposed sUAS operations outlined inthis Petitionfor Exemptionwill improve safety and reduce riskby alleviating the publics's exposure to dangers posed by other inspection methods such as fixedwing aircraft, rotorcraft and or inherently dangerous scaffolding and temporary aerial work platforms. The sUAS that will be utilized by OTAC weighs less than 3 pounds fully loaded, are battery (rechargeable) powered, and create no emissions. Inthe unlikely eventthatthe sUAS utilized by OTAC crashes, there is no highly flammable fuel to ignite and explode along withthe fact that the size and weight ofthe sUAS alone with significantlyreduce the dangerto the PIC, VO and public over a fixed-wing or full size rotorcraft. In addition, OTAC will be capable ofquickly observing and documenting conditions thatmay have been otherwise inaccessible utilizing traditional inspection methods. The use ofthe sUAS will reduce the potential harmto inspecting consultants and law enforcementby not exposing themto unnecessary hazards associated with some ofthese dangerous and unsafe conditions oftenpresented during the inspections.

VII. PRIVACY
All operations conducted by OTAC will be in accordance withthe applicable federal, state, or local laws regarding privacy. All operations conducted over private or controlled-access property will be withthe permission from the land owner/controller or authorized representative when applicable or through the permission granted by law enforcement for lawful investigative documentation and search and rescue operations.


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### "OTAC" Petition ForExemption Page 14

VIII. FEDERALREGISTEREXEMPTION The Petitioner is seeking an exemption from publicationinthe Federal Register. This request is consistent withthe decision by the FAA in DocketNo.: FAA-2015-0268 which states, "The FAA has determinedthat good cause exists for notpublishing a summary ofthe petition inthe Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner." The following is a summary ofthe petition ifthe publicationis necessary. The Petitioner (OTAC) is seeking an exemption from the following rules in Title 14 ofthe Code ofFederal Regulations to commercially operate a lightweight unmanned UAS during safety and forensic assessments and documentation: 14 C.P.R. Part 21, subpart H; 14 C.P.R. Part 27; 14 C.P.R.§ 61.113(a) and 61.113 (b); 14 C.P.R.§ 91.7(a), 14 C.P.R.§ 91.9(b)(2), 14 C.P.R.§ 91.203(a) and 91.203(b), 14 C.P.R.§ 91.9( c), 45.23(b) and 45.27(a), 14 C.P.R.§ 91.103, 14 C.F. R. § 91.105, 14 C.P.R.§ 91.109(a), 14 C.P.R.§ 91.119, 14 C.P.R.§ 91.121, 14 C.P.R.§ 91.151(a), 14 C.P.R.§ 91.405(a), 91.407(a)(l), 91.409(a)(1), 91.409(a)(2), 91.417(a) and 91.417(b), 14 C.P.R. Part 61; § 61.3, 61.113 and 61.133(a).



### IX. CONCLUSION This Petitionfor Exemption requested by OTAC satisfies all criteria outlined in Section 333 of the FAA Modernization and Reform Act of2012 including the seven factors (size, weight, speed, operational capacity, proximity to airports, proximityto populated areas and operation within visual line ofsight) that Congress had directed the FAAto consider when approving a petition for exemption. The proposed operations outlined inthis Petitionwill benefitthe public, in summary, by improving safety and reducing the riskby alleviating the publics's exposure to dangers posedby other inspectionmethods (such as fixed-wing aircraft, rotorcra:ft, scaffolding and temporary aerial workplatforms). The use ofthe sUAS will provide a means ofsafely conducting visual assessments and documenting forensic evidence under conditions that it would have been infeasible or unsafe to conduct inthe past. This will result in an improved service to our clients as well as improved safety to the public. O'HernTraffic Accident Consultants, Inc. respectfully request that the FAA grantthis Petition for Exemption withoutundue delay. Please feel free to contactthe undersigned with any questions. Respectfully submitted,

Michael E. O'Hern President, O'HernTraffic Accident Consultants, Inc.


### O';HERN TRAFFIC ACCIDENT CONSULTANTS, INC."Manufacturers Manual"(in PDF format on attached disk) Phantom 2 Vision Plus User Manual Phantom 2 Vision Plus Release Notes Phantom 2 Vision Plus Quick Start Guide Smart Flight Battery Safety Guidelines Phantom 2 Vision Plus Pilot Training Guide



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